Public Act 094-0021
 		





HB1005 Enrolled
LRB094 07209 RAS 37364 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Board and Care Home Registration Act is 
amended  by changing Sections 2 and 3 and by adding Sections 6 
and 7 as follows:
 



    (225 ILCS 7/2)


    Sec. 2. Definitions. In this Act:

    "Board and care homes" or "facility" means a publicly or 
privately operated
residence that has fewer than 12 adults who 
are unrelated to the resident
manager.

    "Department" means the Department of Public Health

Department on Aging.

(Source: P.A. 89-387, eff. 8-20-95.)


 



    (225 ILCS 7/3)



    Sec. 3. Registration. 

    (a) Every board and care home located in this
State shall 
register with the Department.  Registration shall be in the form

prescribed by the Department and shall include the following:


        (1) The name, address, and telephone number of the 
    facility.


        (2) The name, address, and telephone number of the 
    owner of the facility.


        (3) The number of residents of the facility.


        (4) A registration fee, as determined, by the 
    Department.

    (b) Every registration issued under this Act shall be valid 
for 2 years.
Upon
renewal, the facility must re-apply and meet 
the registration requirements
under this Section.

    (c) The Department shall promulgate rules to protect the 
rights and safety
of
the residents and to enforce the 
provisions of this Act.

    (d) No public official, agent, or employee may place any 
person in, or recommend that any person be placed in, or 
directly or indirectly cause any person to be placed in any 
board and care home that is not registered.
    (e) No public official, agent, or employee may place the 
name of an unregistered establishment that is required to be 
registered under this Act on a list of programs.
    (f) Failure of a board and care home to comply with the 
provisions of this Section is punishable by a fine of up to 
$1,000.
    (g) Failure of a board and care home to comply with the 
provisions of this Section within 90 days after the initial 
finding of noncompliance is punishable by a fine of $1,000 on 
each day the provisions of this Section are not complied with.

(Source: P.A. 89-387, eff. 8-20-95.)

 
    (225 ILCS 7/6 new)

    Sec. 6. Transfer of authority. The authority granted to the 
Department on Aging by this Act is hereby transferred to the 
Department of Public Health by this amendatory Act of the 94th 
General Assembly. For the purposes of Section 9b of the State 
Finance Act, the Department of Public Health is the successor 
to the Department on Aging with respect to all matters under 
this Act. The Department on Aging shall forthwith transfer all 
property and records relating to matters under this Act to the 
Department of Public Health.
 
    (225 ILCS 7/7 new)

    Sec. 7. Assisted Living and Shared Housing Regulatory Fund. 
All registration fees and fines collected pursuant to the 
provisions of this Act shall be deposited into the Assisted 
Living and Shared Housing Regulatory Fund. Subject to 
appropriation, moneys deposited into the Fund shall be used for 
the administration of this Act and the Assisted Living and 
Shared Housing Act.
 
    Section 10. The Assisted Living and Shared Housing Act  is 
amended  by changing Section 160 as follows:
 



    (210 ILCS 9/160)


    Sec. 160. Assisted Living and Shared Housing Regulatory 
Fund. There is
created in the
State treasury a special fund to 
be known as the Assisted Living and Shared
Housing Regulatory

Fund. All moneys received by the Department under this Act and 
the Board and Care Home Registration Act shall be deposited

into the Fund.
Subject to appropriation, moneys in the Fund 
shall be used for the
administration of this Act and the Board 
and Care Home Registration Act.
Interest earned on moneys in 
the Fund shall be deposited into the Fund. 

(Source: P.A. 91-656, eff. 1-1-01.)