Bill Text: IL SB2124 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section creating the civil administrative agencies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2124 Detail]

Download: Illinois-2011-SB2124-Amended.html

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Sen. Susan Garrett

Filed: 2/27/2012

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AMENDMENT TO SENATE BILL 2124
AMENDMENT NO. ______. Amend Senate Bill 2124 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Health Facilities Planning Act is
amended by changing Section 4 as follows:
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
(Section scheduled to be repealed on December 31, 2019)
Sec. 4. Health Facilities and Services Review Board;
membership; appointment; term; compensation; quorum.
Notwithstanding any other provision in this Section, members of
the State Board holding office on the day before the effective
date of this amendatory Act of the 96th General Assembly shall
retain their authority.
(a) There is created the Health Facilities and Services
Review Board, which shall perform the functions described in
this Act. The Department shall provide operational support to

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the Board, including the provision of office space, supplies,
and clerical, financial, and accounting services. The Board may
contract with experts related to specific health services or
facilities and create technical advisory panels to assist in
the development of criteria, standards, and procedures used in
the evaluation of applications for permit and exemption.
(b) Beginning March 1, 2010, the State Board shall consist
of 9 voting members. All members shall be residents of Illinois
and at least 4 shall reside outside the Chicago Metropolitan
Statistical Area. Consideration shall be given to potential
appointees who reflect the ethnic and cultural diversity of the
State. Neither Board members nor Board staff shall be convicted
felons or have pled guilty to a felony.
Each member shall have a reasonable knowledge of the
practice, procedures and principles of the health care delivery
system in Illinois, including at least 5 members who shall be
knowledgeable about health care delivery systems, health
systems planning, finance, or the management of health care
facilities currently regulated under the Act. One member shall
be a representative of a non-profit health care consumer
advocacy organization. Spouses or other members of the
immediate family of the Board cannot be an employee, agent, or
under contract with services or facilities subject to the Act.
Prior to appointment and in the course of service on the Board,
members of the Board shall disclose the employment or other
financial interest of any other relative of the member, if

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known, in service or facilities subject to the Act. Members of
the Board shall declare any conflict of interest that may exist
with respect to the status of those relatives and recuse
themselves from voting on any issue for which a conflict of
interest is declared. No person shall be appointed or continue
to serve as a member of the State Board who is, or whose
spouse, parent, or child is, a member of the Board of Directors
of, has a financial interest in, or has a business relationship
with a health care facility.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the State Board
serving on the day before the effective date of this amendatory
Act of the 96th General Assembly is abolished on the date upon
which members of the 9-member Board, as established by this
amendatory Act of the 96th General Assembly, have been
appointed and can begin to take action as a Board. Members of
the State Board serving on the day before the effective date of
this amendatory Act of the 96th General Assembly may be
reappointed to the 9-member Board. Prior to March 1, 2010, the
Health Facilities Planning Board shall establish a plan to
transition its powers and duties to the Health Facilities and
Services Review Board.
(c) The State Board shall be appointed by the Governor,
with the advice and consent of the Senate. Not more than 5 of
the appointments shall be of the same political party at the
time of the appointment.

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The Secretary of Human Services, the Director of Healthcare
and Family Services, and the Director of Public Health, or
their designated representatives, shall serve as ex-officio,
non-voting members of the State Board.
(d) Of those 9 members initially appointed by the Governor
following the effective date of this amendatory Act of the 96th
General Assembly, 3 shall serve for terms expiring July 1,
2011, 3 shall serve for terms expiring July 1, 2012, and 3
shall serve for terms expiring July 1, 2013. Thereafter, each
appointed member shall hold office for a term of 3 years,
provided that any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder
of such term and the term of office of each successor shall
commence on July 1 of the year in which his predecessor's term
expires. Each member appointed after the effective date of this
amendatory Act of the 96th General Assembly shall hold office
until his or her successor is appointed and qualified. The
Governor may reappoint a member for additional terms, but no
member shall serve more than 3 terms, subject to review and
re-approval every 3 years.
(e) State Board members, while serving on business of the
State Board, shall receive actual and necessary travel and
subsistence expenses while so serving away from their places of
residence. Until March 1, 2010, a member of the State Board who
experiences a significant financial hardship due to the loss of

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income on days of attendance at meetings or while otherwise
engaged in the business of the State Board may be paid a
hardship allowance, as determined by and subject to the
approval of the Governor's Travel Control Board. On and after
the effective date of this amendatory Act of the 97th General
Assembly, Board members shall receive compensation for duties
related to all attended scheduled meetings of the full Board at
a rate of $35,000 per year. However, a member's salary shall be
proportionally reduced for each scheduled meeting of the full
Board that he or she does not attend. Participation at public
hearings, committee meetings, and meetings with staff, as well
as time spent on reviewing applications, shall not be
compensated separately. Salaries provided under this
subsection shall not be paid out of the General Revenue Fund,
but shall be paid out of the Illinois Health Facilities
Planning Fund from fees collected for the processing of
applications by the State Board, provided that there are
sufficient funds available after paying all other
administrative costs.
(f) The Governor shall designate one of the members to
serve as the Chairman of the Board, who shall be a person with
expertise in health care delivery system planning, finance or
management of health care facilities that are regulated under
the Act. The Chairman shall annually review Board member
performance and shall report the attendance record of each
Board member to the General Assembly. The Chairman shall

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receive compensation in addition to that provided in subsection
(e), at a rate of $30,000 per year, for duties specific to the
chairmanship. The Chairman shall also receive compensation
under subsection (e) for all attended scheduled meetings of the
full Board. Compensation provided under this subsection shall
not be paid out of the General Revenue Fund, but shall be paid
out of the Illinois Health Facilities Planning Fund from fees
collected for the processing of applications by the State
Board, provided that there are sufficient funds available after
paying all other administrative costs.
(g) The State Board, through the Chairman, shall prepare a
separate and distinct budget approved by the General Assembly
and shall hire and supervise its own professional staff
responsible for carrying out the responsibilities of the Board.
(h) The State Board shall meet at least every 45 days, or
as often as the Chairman of the State Board deems necessary, or
upon the request of a majority of the members.
(i) Five members of the State Board shall constitute a
quorum. The affirmative vote of 5 of the members of the State
Board shall be necessary for any action requiring a vote to be
taken by the State Board. A vacancy in the membership of the
State Board shall not impair the right of a quorum to exercise
all the rights and perform all the duties of the State Board as
provided by this Act.
(j) A State Board member shall disqualify himself or
herself from the consideration of any application for a permit

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or exemption in which the State Board member or the State Board
member's spouse, parent, or child: (i) has an economic interest
in the matter; or (ii) is employed by, serves as a consultant
for, or is a member of the governing board of the applicant or
a party opposing the application.
(k) The Chairman, Board members, and Board staff must
comply with the Illinois Governmental Ethics Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)".