Illinois General Assembly - Bill Status for SB3028
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 Bill Status of SB3028  98th General Assembly


Short Description:  NURS HOME-EMERGENCY TRANSFER

Senate Sponsors
Sen. William R. Haine - Steven M. Landek, John G. Mulroe, Mattie Hunter, William Delgado, Dave Syverson and Dan Kotowski

House Sponsors
(Rep. Lou Lang - Jaime M. Andrade, Jr., Patrick J. Verschoore and Arthur Turner)

Last Action
DateChamber Action
  1/12/2015SenatePublic Act . . . . . . . . . 98-1172

Statutes Amended In Order of Appearance
210 ILCS 45/3-402from Ch. 111 1/2, par. 4153-402


Synopsis As Introduced
Amends the Nursing Home Care Act. Provides that if an emergency transfer or discharge is ordered by a resident's attending physician because of a resident's physical or mental health needs (rather than a resident's health needs), then a facility is not required to provide a minimum written notice of 21 days and is also not required to have a discussion regarding the transfer with the resident and certain other parties. Effective immediately.

House Floor Amendment No. 1
Deletes reference to:
210 ILCS 45/3-402
Adds reference to:
410 ILCS 130/15
410 ILCS 130/35
410 ILCS 130/65
410 ILCS 130/95
410 ILCS 130/105
410 ILCS 130/110
410 ILCS 130/115
410 ILCS 130/120
410 ILCS 130/140
410 ILCS 130/145
410 ILCS 130/150
410 ILCS 130/165
410 ILCS 130/175
410 ILCS 130/185
625 ILCS 5/2-118.1from Ch. 95 1/2, par. 2-118.1
625 ILCS 5/2-118.2 new
625 ILCS 5/6-118
625 ILCS 5/6-206.1from Ch. 95 1/2, par. 6-206.1
625 ILCS 5/6-208.1from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-514from Ch. 95 1/2, par. 6-514
625 ILCS 5/11-501.1
625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-501.9 new

Replaces everything after the enacting clause. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that the Department of State Police shall charge a fee for conducting the criminal history record check (rather than being reimbursed by the respective Department), which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the record check. Provides that the fingerprints submitted by the prospective applicant shall be checked against the fingerprint records now and hereafter, to the extent allowed by law, filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. Provides that the Department of State Police shall furnish, following positive identification, all Illinois conviction information to the respective Department. Provides the Department of Public Health, the Department of Agriculture, the Department of State Police, and the Department of Financial and Professional Regulation shall not share or disclose any existing or non-existing Illinois or national criminal history record information. Provides that notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department of Agriculture may revoke, suspend, place on probation, reprimand, issue cease and desist orders, refuse to issue or renew a registration, or take any other disciplinary or non-disciplinary action as the Department of Agriculture may deem proper with regard to a registered cultivation center or cultivation center agent, including imposing fines not to exceed $50,000 for each violation, for any violations of this Act and rules adopted in accordance with this Act. Provides that the procedures for disciplining a registered cultivation center or cultivation center agent and for administrative hearings shall be determined by rule. Provides that all final administrative decisions of the Department of Agriculture are subject to judicial review under the Administrative Review Law and its rules. Provides that administrative hearings involving the Department of Public Health, a qualifying patient, or a designated caregiver shall be conducted under the Department of Public Health's rules governing administrative hearings. Provides that administrative hearings involving the Department of Financial and Professional Regulation, dispensing organizations, or dispensing organization agents shall be conducted under the Department of Financial and Professional Regulation's rules governing administrative hearings. Provides that administrative hearings involving the Department of Agriculture, registered cultivation centers, or cultivation center agents shall be conducted under the Department of Agriculture's rules governing administrative hearings. Provides that the Department of State Police for purposes of administering the Act (deletes under their rules) are subject to all applicable federal privacy laws, confidential, and exempt from the Freedom of Information Act, and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the Department to perform official duties under the Act. Amends the Illinois Vehicle Code. Replaces current provisions governing implied consent to testing, license suspension, and hearings for challenging a suspension for medical cannabis registry identification card holders accused of driving while impaired by cannabis with a new Section governing implied consent to testing and license suspensions. Provides that a person that has been issued a medical cannabis registry identification card who drives or is in actual physical control of a motor vehicle is deemed to have consented to standardized field sobriety tests approved by the National Highway Traffic Safety Administration if detained by a law enforcement officer with reasonable suspicion the person is impaired by the use of cannabis. Provides that the law enforcement officer must have a factual basis for this suspicion, and that possession of a medical cannabis registry identification card is not sufficient to provide reasonable suspicion. Provides that a person who is unconscious or incapable of refusing shall be deemed to have withdrawn consent. Provides that the results of these standardized field sobriety tests are admissible in administrative hearings and courts of law for actions or proceedings related to the incident. Provides that a person that refuses to submit to testing shall have his or her driver's license suspended for a year, and that a person that submits to testing and fails shall have his or her driver's license suspended for 6 months. Creates a new Section governing hearings to challenge a suspension of a driver's license for failing or refusing to submit to these standardized field sobriety tests. Provides that a request for a hearing must be made within 90 days of the notice of suspension to the circuit court of venue, and that the hearing shall be conducted within 30 days of the request or the first appearance on a Uniform Traffic Ticket issued in connection with the suspension. Provides that the hearing may be conducted upon a review of the law enforcement officer's official reports, provided the person challenging the suspension may subpoena the officer. Provides that the issues at this hearing shall be limited to (1) whether the person was issued a registry identification card, (2) whether the law enforcement officer had a reasonable suspicion to believe the person was driving while impaired by cannabis, (3) whether the person, after being advised by the officer that the privilege to operate a motor vehicle would be suspended if the person refused to submit to and complete the field sobriety tests, did refuse to submit to or complete the field sobriety tests, and (4) whether the person after being advised by the officer that the privilege to operate a motor vehicle would be suspended if the person submitted to field sobriety tests that disclosed the person was impaired by the use of cannabis, did submit to field sobriety tests that disclosed that the person was impaired by the use of cannabis. Effective immediately.

Actions 
DateChamber Action
  2/7/2014SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/7/2014SenateFirst Reading
  2/7/2014SenateReferred to Assignments
  2/19/2014SenateAssigned to Public Health
  2/20/2014SenateAdded as Co-Sponsor Sen. John G. Mulroe
  2/21/2014SenateAdded as Co-Sponsor Sen. Mattie Hunter
  2/26/2014SenateDo Pass Public Health; 006-000-000
  2/26/2014SenatePlaced on Calendar Order of 2nd Reading February 27, 2014
  3/4/2014SenateAdded as Co-Sponsor Sen. William Delgado
  3/5/2014SenateAdded as Chief Co-Sponsor Sen. Steven M. Landek
  3/5/2014SenateSecond Reading
  3/5/2014SenatePlaced on Calendar Order of 3rd Reading March 6, 2014
  3/5/2014SenateAdded as Co-Sponsor Sen. Dave Syverson
  3/6/2014SenateAdded as Co-Sponsor Sen. Dan Kotowski
  3/6/2014SenateThird Reading - Passed; 050-000-000
  3/6/2014HouseArrived in House
  3/6/2014HouseChief House Sponsor Rep. Lou Lang
  3/6/2014HouseFirst Reading
  3/6/2014HouseReferred to Rules Committee
  4/23/2014HouseAssigned to Health Care Licenses Committee
  4/30/2014HouseDo Pass / Short Debate Health Care Licenses Committee; 010-000-000
  4/30/2014HousePlaced on Calendar 2nd Reading - Short Debate
  4/30/2014HouseAdded Alternate Chief Co-Sponsor Rep. Jaime M. Andrade, Jr.
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Patrick J. Verschoore
  5/6/2014HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  5/7/2014HouseSecond Reading - Short Debate
  5/7/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2014HouseFinal Action Deadline Extended-9(b) May 30, 2014
  5/30/2014HouseRule 19(a) / Re-referred to Rules Committee
  11/18/2014HouseApproved for Consideration Rules Committee; 004-000-000
  11/18/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  11/26/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lou Lang
  11/26/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  12/1/2014HouseHouse Floor Amendment No. 1 Rules Refers to Human Services Committee
  12/1/2014HouseHouse Floor Amendment No. 1 Recommends Be Adopted Human Services Committee; 015-000-000
  12/2/2014HouseRecalled to Second Reading - Short Debate
  12/2/2014HouseHouse Floor Amendment No. 1 Adopted
  12/2/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  12/2/2014House3/5 Vote Required
  12/2/2014HouseThird Reading - Short Debate - Passed 084-023-002
  12/2/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1
  12/2/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - December 3, 2014
  12/3/2014SenateChief Sponsor Changed to Sen. William R. Haine
  12/3/2014SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine
  12/3/2014SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  12/3/2014SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to State Government and Veterans Affairs
  12/3/2014SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt State Government and Veterans Affairs; 009-000-000
  12/4/2014Senate3/5 Vote Required
  12/4/2014SenateHouse Floor Amendment No. 1 Senate Concurs 045-000-000
  12/4/2014SenatePassed Both Houses
  12/15/2014SenateSent to the Governor
  1/12/2015SenateGovernor Approved
  1/12/2015SenateEffective Date January 12, 2015
  1/12/2015SenatePublic Act . . . . . . . . . 98-1172

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