Full Text of SB2291 96th General Assembly
SB2291sam001 96TH GENERAL ASSEMBLY
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Sen. Bill Brady
Filed: 5/1/2009
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| AMENDMENT TO SENATE BILL 2291
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| AMENDMENT NO. ______. Amend Senate Bill 2291 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Department of Public Health Act is amended | 5 |
| by adding Section 8.5 as follows: | 6 |
| (20 ILCS 2305/8.5 new) | 7 |
| Sec. 8.5. Deputy Director; termination. The Deputy | 8 |
| Director of the Office of Policy, Planning, and Statistics | 9 |
| holding that position on April 29, 2009 is terminated on July | 10 |
| 1, 2009, by operation of law, and shall thereafter no longer | 11 |
| hold that position or any other employment position with the | 12 |
| Department. The Governor and Director of Public Health are | 13 |
| directed to take whatever action is necessary to effectuate | 14 |
| this termination. | 15 |
| Section 10. The Illinois Health Facilities Planning Act is |
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| amended by changing Section 4 and by adding Section 15.9 as | 2 |
| 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| (Section scheduled to be repealed on July 1, 2009)
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| Sec. 4. Health Facilities Planning Board; membership; | 6 |
| appointment; term;
compensation; quorum. There is created the | 7 |
| Health
Facilities Planning Board, which
shall perform the | 8 |
| functions described in this
Act.
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| The State Board shall consist of 5 voting members. Each | 10 |
| member shall have a reasonable knowledge of health planning, | 11 |
| health finance, or health care at the time of his or her | 12 |
| appointment. No person shall be appointed or continue to serve | 13 |
| as a member of the State Board who is, or whose spouse, parent, | 14 |
| or child is, a member of the Board of Directors of, has a | 15 |
| financial interest in, or has a business relationship with a | 16 |
| health care facility. | 17 |
| Notwithstanding any provision of this Section to the | 18 |
| contrary, the term of
office of each member of the State Board | 19 |
| is abolished on the effective date of
this
amendatory Act of | 20 |
| the 93rd General Assembly and those members no longer hold | 21 |
| office.
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| The State Board shall be appointed by the Governor, with | 23 |
| the advice
and consent of the Senate. Not more than 3 of the
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| appointments shall be of the same political party at the time | 25 |
| 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 | 2 |
| date of Public Act 93-41, 2 3-year terms as a State Board | 3 |
| member, except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Healthcare | 5 |
| and Family Services, and
the Director of Public Health, or | 6 |
| their designated representatives,
shall serve as ex-officio, | 7 |
| non-voting members of the State Board.
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| Of those members initially appointed by the Governor under | 9 |
| this
amendatory Act of the 93rd General Assembly, 2 shall serve | 10 |
| for terms expiring
July 1, 2005, 2 shall serve for terms | 11 |
| expiring July 1, 2006, and 1 shall serve
for a term expiring | 12 |
| July 1, 2007. Thereafter, each
appointed member shall
hold | 13 |
| office for a term of 3 years, provided that any member
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| appointed to fill a vacancy
occurring prior to the expiration | 15 |
| of the
term for which his or her predecessor was appointed | 16 |
| shall be appointed for the
remainder of such term and the term | 17 |
| of office of each successor shall
commence on July 1 of the | 18 |
| year in which his predecessor's term expires. Each
member | 19 |
| appointed after the effective date of this amendatory Act of | 20 |
| the 93rd General Assembly shall hold office until his or her | 21 |
| successor is appointed and qualified.
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| Notwithstanding any provision of this Section to the | 23 |
| contrary, the term of office of each member of the State Board | 24 |
| appointed by the Governor who is sitting on the State Board on | 25 |
| the effective date of this amendatory Act of the 96th General | 26 |
| Assembly is terminated on that effective date. A member sitting |
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| on the State Board on the effective date of this amendatory Act | 2 |
| of the 96th General Assembly may not hold over in office for | 3 |
| more than 60 days after the effective date of this amendatory | 4 |
| Act of the 96th General Assembly. Nothing in this Section shall | 5 |
| prevent the Governor from making a temporary appointment or | 6 |
| nominating a member holding office on the day before the | 7 |
| effective date of this amendatory Act of the 96th General | 8 |
| Assembly. | 9 |
| State Board members, while serving on business of the State | 10 |
| Board,
shall receive actual and necessary travel and | 11 |
| subsistence expenses while
so serving away from their places
of | 12 |
| residence.
A member of the State Board who experiences a | 13 |
| significant financial hardship
due to the loss of income on | 14 |
| days of attendance at meetings or while otherwise
engaged in | 15 |
| the business of the State Board may be paid a hardship | 16 |
| allowance, as
determined by and subject to the approval of the | 17 |
| Governor's Travel Control
Board.
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| The Governor shall designate one of the members to serve as | 19 |
| Chairman
and shall name as full-time
Executive Secretary of the | 20 |
| State
Board, a person qualified in health care facility | 21 |
| planning and in
administration. The Agency shall provide | 22 |
| administrative and staff
support for the State Board. The State | 23 |
| Board shall advise the Director
of its budgetary and staff | 24 |
| needs and consult with the Director on annual
budget | 25 |
| 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 | 2 |
| upon the request of
a majority of the members.
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Three members of the State Board shall constitute a | 4 |
| quorum.
The affirmative vote of 3 of the members of the State | 5 |
| Board shall be
necessary for
any action requiring a vote to be | 6 |
| taken by the State
Board. A vacancy in the membership of the | 7 |
| State Board shall not impair the
right of a quorum to exercise | 8 |
| all the rights and perform all the duties of the
State Board as | 9 |
| provided by this Act.
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| A State Board member shall disqualify himself or herself | 11 |
| 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 | 13 |
| member's spouse,
parent, or child: (i) has
an economic interest | 14 |
| in the matter; or (ii) is employed by, serves as a
consultant | 15 |
| for, or is a member of the
governing board of the applicant or | 16 |
| a party opposing the application.
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| (Source: P.A. 95-331, eff. 8-21-07 .)
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| (20 ILCS 3960/15.9 new) | 19 |
| Sec. 15.9. Executive Secretary; termination. The Executive | 20 |
| Secretary holding that position on April 29, 2009 is terminated | 21 |
| on July 1, 2009, by operation of law, and shall thereafter no | 22 |
| longer hold that position or any other employment position with | 23 |
| the Board. The Governor and the State Board are directed to | 24 |
| take whatever action is necessary to effectuate this | 25 |
| termination.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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