HB7307 Engrossed LRB093 22682 AMC 52334 b

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7     (Section scheduled to be repealed on July 1, 2008)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.

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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.