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Human Services Committee
Filed: 3/9/2005
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LRB094 07209 LJB 42835 a |
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| AMENDMENT TO HOUSE BILL 1005
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| AMENDMENT NO. ______. Amend House Bill 1005 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Board and Care Home Registration Act is |
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| amended by changing Sections 2 and 3 and by adding Sections 6 |
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| and 7 as follows:
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| (225 ILCS 7/2)
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| Sec. 2. Definitions. In this Act:
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| "Board and care homes" or "facility" means a publicly or |
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| privately operated
residence that has fewer than 12 adults who |
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| are unrelated to the resident
manager.
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| "Department" means the Department of Public Health
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| Department on Aging.
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| (Source: P.A. 89-387, eff. 8-20-95.)
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| (225 ILCS 7/3)
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| Sec. 3. Registration.
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| (a) Every board and care home located in this
State shall |
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| register with the Department. Registration shall be in the form
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| prescribed by the Department and shall include the following:
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| (1) The name, address, and telephone number of the |
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| facility.
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| (2) The name, address, and telephone number of the |
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| owner of the facility.
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LRB094 07209 LJB 42835 a |
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| (3) The number of residents of the facility.
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| (4) A registration fee, as determined, by the |
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| Department.
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| (b) Every registration issued under this Act shall be valid |
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| for 2 years.
Upon
renewal, the facility must re-apply and meet |
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| the registration requirements
under this Section.
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| (c) The Department shall promulgate rules to protect the |
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| rights and safety
of
the residents and to enforce the |
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| provisions of this Act.
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| (d) No public official, agent, or employee may place any |
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| person in, or recommend that any person be placed in, or |
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| directly or indirectly cause any person to be placed in any |
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| board and care home that is not registered. |
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| (e) No public official, agent, or employee may place the |
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| name of an unregistered establishment that is required to be |
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| registered under this Act on a list of programs. |
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| (f) Failure of a board and care home to comply with the |
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| provisions of this Section is punishable by a fine of up to |
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| $1,000. |
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| (g) Failure of a board and care home to comply with the |
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| provisions of this Section within 90 days after the initial |
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| finding of noncompliance is punishable by a fine of $1,000 on |
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| each day the provisions of this Section are not complied with.
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| (Source: P.A. 89-387, eff. 8-20-95.)
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| (225 ILCS 7/6 new)
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| Sec. 6. Transfer of authority. The authority granted to the |
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| Department on Aging by this Act is hereby transferred to the |
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| Department of Public Health by this amendatory Act of the 94th |
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| General Assembly. For the purposes of Section 9b of the State |
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| Finance Act, the Department of Public Health is the successor |
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| to the Department on Aging with respect to all matters under |
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| this Act. The Department on Aging shall forthwith transfer all |
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| property and records relating to matters under this Act to the |
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| Department of Public Health.
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| (225 ILCS 7/7 new)
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| Sec. 7. Assisted Living and Shared Housing Regulatory Fund. |
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| All registration fees and fines collected pursuant to the |
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| provisions of this Act shall be deposited into the Assisted |
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| Living and Shared Housing Regulatory Fund. Subject to |
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| appropriation, moneys deposited into the Fund shall be used for |
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| the administration of this Act and the Assisted Living and |
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| Shared Housing Act.
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| Section 10. The Assisted Living and Shared Housing Act is |
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| amended by changing Section 160 as follows:
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| (210 ILCS 9/160)
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| Sec. 160. Assisted Living and Shared Housing Regulatory |
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| Fund. There is
created in the
State treasury a special fund to |
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| be known as the Assisted Living and Shared
Housing Regulatory
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| Fund. All moneys received by the Department under this Act and |
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| the Board and Care Home Registration Act shall be deposited
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| into the Fund.
Subject to appropriation, moneys in the Fund |
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| shall be used for the
administration of this Act and the Board |
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| and Care Home Registration Act.
Interest earned on moneys in |
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| the Fund shall be deposited into the Fund.
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| (Source: P.A. 91-656, eff. 1-1-01.)".
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