Bill Text: IL HB0153 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the State Parks Designation Act. Designates the Harry "Babe" Woodyard State Natural Area, in Vermilion County as a State natural area. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0153 Detail]
Download: Illinois-2011-HB0153-Amended.html
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1 | AMENDMENT TO HOUSE BILL 153
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2 | AMENDMENT NO. ______. Amend House Bill 153, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Health Facilities Planning Act is | ||||||
6 | amended by changing Section 4 as follows:
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7 | (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
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8 | (Section scheduled to be repealed on December 31, 2019)
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9 | Sec. 4. Health Facilities and Services Review Board; | ||||||
10 | membership; appointment; term;
compensation; quorum. | ||||||
11 | Notwithstanding any other provision in this Section, members of | ||||||
12 | the State Board holding office on the day before the effective | ||||||
13 | date of this amendatory Act of the 96th General Assembly shall | ||||||
14 | retain their authority. | ||||||
15 | (a) There is created the Health
Facilities and Services | ||||||
16 | Review Board, which
shall perform the functions described in |
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1 | this
Act. The Department shall provide operational support to | ||||||
2 | the Board, including the provision of office space, supplies, | ||||||
3 | and clerical, financial, and accounting services. The Board may | ||||||
4 | contract with experts related to specific health services or | ||||||
5 | facilities and create technical advisory panels to assist in | ||||||
6 | the development of criteria, standards, and procedures used in | ||||||
7 | the evaluation of applications for permit and exemption.
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8 | (b) Beginning March 1, 2010, the State Board shall consist | ||||||
9 | of 9 voting members. All members shall be residents of Illinois | ||||||
10 | and at least 4 shall reside outside the Chicago Metropolitan | ||||||
11 | Statistical Area. Consideration shall be given to potential | ||||||
12 | appointees who reflect the ethnic and cultural diversity of the | ||||||
13 | State. Neither Board members nor Board staff shall be convicted | ||||||
14 | felons or have pled guilty to a felony. | ||||||
15 | Each member shall have a reasonable knowledge of the | ||||||
16 | practice, procedures and principles of the health care delivery | ||||||
17 | system in Illinois, including at least 5 members who shall be | ||||||
18 | knowledgeable about health care delivery systems, health | ||||||
19 | systems planning, finance, or the management of health care | ||||||
20 | facilities currently regulated under the Act. One member shall | ||||||
21 | be a representative of a non-profit health care consumer | ||||||
22 | advocacy organization. A spouse, parent, sibling, or child of a | ||||||
23 | Board member cannot be an employee, agent, or under contract | ||||||
24 | with services or facilities subject to the Act. Prior to | ||||||
25 | appointment and in the course of service on the Board, members | ||||||
26 | of the Board shall disclose the employment or other financial |
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1 | interest of any other relative of the member, if known, in | ||||||
2 | service or facilities subject to the Act. Members of the Board | ||||||
3 | shall declare any conflict of interest that may exist with | ||||||
4 | respect to the status of those relatives and recuse themselves | ||||||
5 | from voting on any issue for which a conflict of interest is | ||||||
6 | declared. No person shall be appointed or continue to serve as | ||||||
7 | a member of the State Board who is, or whose spouse, parent, | ||||||
8 | sibling, or child is, a member of the Board of Directors of, | ||||||
9 | has a financial interest in, or has a business relationship | ||||||
10 | with a health care facility. | ||||||
11 | Notwithstanding any provision of this Section to the | ||||||
12 | contrary, the term of
office of each member of the State Board | ||||||
13 | serving on the day before the effective date of this amendatory | ||||||
14 | Act of the 96th General Assembly is abolished on the date upon | ||||||
15 | which members of the 9-member Board, as established by this | ||||||
16 | amendatory Act of the 96th General Assembly, have been | ||||||
17 | appointed and can begin to take action as a Board. Members of | ||||||
18 | the State Board serving on the day before the effective date of | ||||||
19 | this amendatory Act of the 96th General Assembly may be | ||||||
20 | reappointed to the 9-member Board. Prior to March 1, 2010, the | ||||||
21 | Health Facilities Planning Board shall establish a plan to | ||||||
22 | transition its powers and duties to the Health Facilities and | ||||||
23 | Services Review Board.
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24 | (c) The State Board shall be appointed by the Governor, | ||||||
25 | with the advice
and consent of the Senate. Not more than 5 of | ||||||
26 | the
appointments shall be of the same political party at the |
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1 | time of the appointment.
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2 | The Secretary of Human Services, the Director of Healthcare | ||||||
3 | and Family Services, and
the Director of Public Health, or | ||||||
4 | their designated representatives,
shall serve as ex-officio, | ||||||
5 | non-voting members of the State Board.
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6 | (d) Of those 9 members initially appointed by the Governor | ||||||
7 | following the effective date of this
amendatory Act of the 96th | ||||||
8 | General Assembly, 3 shall serve for terms expiring
July 1, | ||||||
9 | 2011, 3 shall serve for terms expiring July 1, 2012, and 3 | ||||||
10 | shall serve
for terms expiring July 1, 2013. Thereafter, each
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11 | appointed member shall
hold office for a term of 3 years, | ||||||
12 | provided that any member
appointed to fill a vacancy
occurring | ||||||
13 | prior to the expiration of the
term for which his or her | ||||||
14 | predecessor was appointed shall be appointed for the
remainder | ||||||
15 | of such term and the term of office of each successor shall
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16 | commence on July 1 of the year in which his predecessor's term | ||||||
17 | expires. Each
member appointed after the effective date of this | ||||||
18 | amendatory Act of the 96th General Assembly shall hold office | ||||||
19 | until his or her successor is appointed and qualified. The | ||||||
20 | Governor may reappoint a member for additional terms, but no | ||||||
21 | member shall serve more than 3 terms, subject to review and | ||||||
22 | re-approval every 3 years.
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23 | (e) State Board members, while serving on business of the | ||||||
24 | State Board,
shall receive actual and necessary travel and | ||||||
25 | subsistence expenses while
so serving away from their places
of | ||||||
26 | residence. Until March 1, 2010, a
member of the State Board who |
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1 | experiences a significant financial hardship
due to the loss of | ||||||
2 | income on days of attendance at meetings or while otherwise
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3 | engaged in the business of the State Board may be paid a | ||||||
4 | hardship allowance, as
determined by and subject to the | ||||||
5 | approval of the Governor's Travel Control
Board. On and after | ||||||
6 | the effective date of this amendatory Act of the 97th General | ||||||
7 | Assembly, Board members shall receive compensation for duties | ||||||
8 | related to all attended scheduled meetings of the full Board at | ||||||
9 | a rate of $35,000 per year. However, a member's salary shall be | ||||||
10 | proportionally reduced for each scheduled meeting of the full | ||||||
11 | Board that he or she does not attend. Participation at public | ||||||
12 | hearings, committee meetings, and meetings with staff, as well | ||||||
13 | as time spent on reviewing applications, shall not be | ||||||
14 | compensated separately. Salaries provided under this | ||||||
15 | subsection shall not be paid out of the General Revenue Fund, | ||||||
16 | but shall be paid out of the Illinois Health Facilities | ||||||
17 | Planning Fund from fees collected for the processing of | ||||||
18 | applications by the State Board, provided that there are | ||||||
19 | sufficient funds available after paying all other | ||||||
20 | administrative costs.
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21 | (f) The Governor shall designate one of the members to | ||||||
22 | serve as the Chairman of the Board, who shall be a person with | ||||||
23 | expertise in health care delivery system planning, finance or | ||||||
24 | management of health care facilities that are regulated under | ||||||
25 | the Act. The Chairman shall annually review Board member | ||||||
26 | performance and shall report the attendance record of each |
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1 | Board member to the General Assembly. The Chairman shall | ||||||
2 | receive compensation in addition to that provided in subsection | ||||||
3 | (e), at a rate of $30,000 per year, for duties specific to the | ||||||
4 | chairmanship. The Chairman shall also receive compensation | ||||||
5 | under subsection (e) for all attended scheduled meetings of the | ||||||
6 | full Board. Compensation provided under this subsection shall | ||||||
7 | not be paid out of the General Revenue Fund, but shall be paid | ||||||
8 | out of the Illinois Health Facilities Planning Fund from fees | ||||||
9 | collected for the processing of applications by the State | ||||||
10 | Board, provided that there are sufficient funds available after | ||||||
11 | paying all other administrative costs. | ||||||
12 | (g) The State Board, through the Chairman, shall prepare a | ||||||
13 | separate and distinct budget approved by the General Assembly | ||||||
14 | and shall hire and supervise its own professional staff | ||||||
15 | responsible for carrying out the responsibilities of the Board.
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16 | (h) The State Board shall meet at least every 45 days, or | ||||||
17 | as often as
the Chairman of the State Board deems necessary, or | ||||||
18 | upon the request of
a majority of the members.
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19 | (i)
Five members of the State Board shall constitute a | ||||||
20 | quorum.
The affirmative vote of 5 of the members of the State | ||||||
21 | Board shall be
necessary for
any action requiring a vote to be | ||||||
22 | taken by the State
Board. A vacancy in the membership of the | ||||||
23 | State Board shall not impair the
right of a quorum to exercise | ||||||
24 | all the rights and perform all the duties of the
State Board as | ||||||
25 | provided by this Act.
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26 | (j) A State Board member shall disqualify himself or |
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1 | herself from the
consideration of any application for a permit | ||||||
2 | or
exemption in which the State Board member or the State Board | ||||||
3 | member's spouse,
parent, sibling, or child: (i) has
an economic | ||||||
4 | interest in the matter; or (ii) is employed by, serves as a
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5 | consultant for, or is a member of the
governing board of the | ||||||
6 | applicant or a party opposing the application.
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7 | (k) The Chairman, Board members, and Board staff must | ||||||
8 | comply with the Illinois Governmental Ethics Act. | ||||||
9 | (Source: P.A. 96-31, eff. 6-30-09; 97-1115, eff. 8-27-12.)".
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