Full Text of HB7307 93rd General Assembly
HB7307sam001 93RD GENERAL ASSEMBLY
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Sen. Richard J. Winkel Jr.
Filed: 7/20/2004
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LRB093 22682 AMC 52702 a |
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| AMENDMENT TO HOUSE BILL 7307
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| AMENDMENT NO. ______. Amend House Bill 7307 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Health Facilities Planning Act is | 5 |
| amended by changing Sections 4, 4.2, and 19.6 as 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| (Section scheduled to be repealed on July 1, 2008)
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| 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.
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| 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.
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| Notwithstanding any provision of this Section to the | 2 |
| contrary, the term of
office of each member of the State Board | 3 |
| is abolished on the effective date of
this
amendatory Act of | 4 |
| the 93rd General Assembly, but all incumbent members shall
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| continue to exercise all of the powers and be subject to all of | 6 |
| the duties of
members of the State Board until all new members | 7 |
| of the 9-member State Board
authorized under this amendatory | 8 |
| Act of the 93rd General Assembly are
appointed and take office. | 9 |
| Beginning on the effective date of this amendatory
Act
of the | 10 |
| 93rd General Assembly, the State Board shall consist of 9 | 11 |
| voting
members.
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| The State Board shall be appointed by the Governor, with | 13 |
| the advice
and consent of the Senate. Not more than 3
5 of the
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| appointments shall be of the same political party at the time | 15 |
| of the appointment .
No person shall be appointed as a State | 16 |
| Board member if that person has
served, after the effective | 17 |
| date of Public Act 93-41
this amendatory Act of the 93rd | 18 |
| General
Assembly , 2 3-year terms as a State Board member, | 19 |
| except for
ex officio non-voting members.
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| The Secretary of Human Services, the Director of Public | 21 |
| Aid, and
the Director of Public Health, or their designated | 22 |
| representatives,
shall serve as ex-officio, non-voting members | 23 |
| of the State Board.
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| Of those members initially appointed by the Governor under | 25 |
| this
amendatory Act of the 93rd General Assembly, 2 shall serve | 26 |
| for terms expiring
July 1, 2005, 2 shall serve for terms | 27 |
| expiring July 1, 2006, and 1 shall serve
for a term expiring | 28 |
| July 1, 2007.
Of those members initially appointed by the | 29 |
| Governor under this
amendatory Act of the 93rd General | 30 |
| Assembly, 3 shall serve for terms expiring
July 1, 2004, 3 | 31 |
| shall serve for terms expiring July 1, 2005, and 3 shall serve
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| for terms expiring July 1, 2006. Thereafter, each
appointed | 33 |
| member shall
hold office for a term of 3 years, provided that | 34 |
| any member
appointed to fill a vacancy
occurring prior to the |
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| expiration of the
term for which his or her predecessor was | 2 |
| appointed shall be appointed for the
remainder of such term and | 3 |
| the term of office of each successor shall
commence on July 1 | 4 |
| of the year in which his predecessor's term expires. Each
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| member appointed after the effective date of this amendatory | 6 |
| Act of the 93rd General Assembly shall hold office until his or | 7 |
| her successor is appointed and qualified.
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| State Board members, while serving on business of the State | 9 |
| Board,
shall receive actual and necessary travel and | 10 |
| subsistence expenses while
so serving away from their places
of | 11 |
| residence.
A member of the State Board who experiences a | 12 |
| significant financial hardship
due to the loss of income on | 13 |
| days of attendance at meetings or while otherwise
engaged in | 14 |
| the business of the State Board may be paid a hardship | 15 |
| allowance, as
determined by and subject to the approval of the | 16 |
| Governor's Travel Control
Board.
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| The Governor shall designate one of the members to serve as | 18 |
| Chairman
and shall name as full-time
Executive Secretary of the | 19 |
| State
Board, a person qualified in health care facility | 20 |
| planning and in
administration. The Agency shall provide | 21 |
| administrative and staff
support for the State Board. The State | 22 |
| Board shall advise the Director
of its budgetary and staff | 23 |
| needs and consult with the Director on annual
budget | 24 |
| preparation.
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| The State Board shall meet at least once each quarter, or | 26 |
| as often as
the Chairman of the State Board deems necessary, or | 27 |
| upon the request of
a majority of the members.
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Three
Five members of the State Board shall constitute a | 29 |
| quorum.
The affirmative vote of 3
5 of the members of the State | 30 |
| Board shall be
necessary for
any action requiring a vote to be | 31 |
| taken by the State
Board. A vacancy in the membership of the | 32 |
| State Board shall not impair the
right of a quorum to exercise | 33 |
| all the rights and perform all the duties of the
State Board as | 34 |
| provided by this Act.
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| A State Board member shall disqualify himself or herself | 2 |
| 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 | 4 |
| member's spouse,
parent, or child: (i) has
an economic interest | 5 |
| in the matter; or (ii) is employed by, serves as a
consultant | 6 |
| for, or is a member of the
governing board of the applicant or | 7 |
| a party opposing the application.
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| (Source: P.A. 93-41, eff. 6-27-03.)
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| (20 ILCS 3960/4.2)
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| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 4.2. Ex parte communications.
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| (a) Except in the disposition of matters that agencies are | 13 |
| authorized by law
to entertain or dispose of on an ex parte | 14 |
| basis including, but not limited to
rule making, the State | 15 |
| Board, any State Board member, employee, or a hearing
officer | 16 |
| shall not engage in ex parte communication ,
after an | 17 |
| application for a permit is received,
in connection with the | 18 |
| substance of any pending or impending application for
a permit | 19 |
| with any person or party or the representative of any party. | 20 |
| This subsection (a) applies when the Board, member, employee, | 21 |
| or hearing officer knows, or should know upon reasonable | 22 |
| inquiry, that the application is pending or impending.
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| (b) A State Board member or employee may communicate with | 24 |
| other
members or employees and any State Board member or | 25 |
| hearing
officer may have the aid and advice of one or more | 26 |
| personal assistants.
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| (c) An ex parte communication received by the State Board, | 28 |
| any State
Board member, employee, or a hearing officer shall be | 29 |
| made a part of the record
of the
pending matter, including all | 30 |
| written communications, all written
responses to the | 31 |
| communications, and a memorandum stating the substance of all
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| oral communications and all responses made and the identity of | 33 |
| each person from
whom the ex parte communication was received.
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| (d) "Ex parte communication" means a communication between | 2 |
| a person who is
not a State Board member or employee and a
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| State Board member or
employee
that reflects on the substance | 4 |
| of a pending or impending State Board proceeding and that
takes
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| place outside the record of the proceeding. Communications | 6 |
| regarding matters
of procedure and practice, such as the format | 7 |
| of pleading, number of copies
required, manner of service, and | 8 |
| status of proceedings, are not considered ex
parte | 9 |
| communications. Technical assistance with respect to an | 10 |
| application, not
intended to influence any decision on the | 11 |
| application, may be provided by
employees to the applicant. Any | 12 |
| assistance shall be documented in writing by
the applicant and | 13 |
| employees within 10 business days after the assistance is
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| provided.
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| (e) For purposes of this Section, "employee" means
a person | 16 |
| the State Board or the Agency employs on a full-time, | 17 |
| part-time,
contract, or intern
basis.
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| (f) The State Board, State Board member, or hearing | 19 |
| examiner presiding
over the proceeding, in the event of a | 20 |
| violation of this Section, must take
whatever action is | 21 |
| necessary to ensure that the violation does not prejudice
any | 22 |
| party or adversely affect the fairness of the proceedings.
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| (g) Nothing in this Section shall be construed to prevent | 24 |
| the State Board or
any member of the State Board from | 25 |
| consulting with the attorney for the State
Board.
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| (Source: P.A. 91-782, eff. 6-9-00; revised 1-28-04 .)
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| (20 ILCS 3960/19.6)
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| (Section scheduled to be repealed on July 1, 2008)
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| Sec. 19.6. Repeal. This Act is repealed on July 1, 2006
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| 2008 .
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| (Source: P.A. 93-41, eff. 6-27-03.)
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| Section 10. The Lobbyist Registration Act is amended by |
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LRB093 22682 AMC 52702 a |
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| changing Section 8 as follows:
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| (25 ILCS 170/8) (from Ch. 63, par. 178)
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| Sec. 8. Contingent
fees prohibited.
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| No person shall retain or employ another to lobby with | 5 |
| respect to any legislative, executive, or administrative | 6 |
| action
promote or oppose
legislation for compensation | 7 |
| contingent in whole or in part upon the
outcome of the action
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| passage or defeat of any legislation, or the approval or veto | 9 |
| of any
legislation by the Governor, and no person shall accept | 10 |
| any such employment
or render any such service for compensation | 11 |
| contingent upon the outcome of the legislative, executive, or | 12 |
| administrative action
passage or
defeat of any legislation or | 13 |
| the approval or veto of any legislation by the
Governor .
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| (Source: P.A. 76-1848.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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