Bill Amendment: IL SB0309 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FACILITIES-TELEVISION-CAPTION

Status: 2018-12-20 - Public Act . . . . . . . . . 100-1160 [SB0309 Detail]

Download: Illinois-2017-SB0309-Senate_Amendment_002.html

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Sen. William R. Haine

Filed: 5/4/2017

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AMENDMENT TO SENATE BILL 309
AMENDMENT NO. ______. Amend Senate Bill 309, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The University of Illinois Hospital Act is
amended by adding Section 8b as follows:
(110 ILCS 330/8b new)
Sec. 8b. Closed captioning required. The University of
Illinois Hospital must make reasonable efforts to have
activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a patient's room or to enable the closed
captioning feature when requested to do so by a member of the
general public or a patient if the television includes a closed
captioning feature.
It is not a violation of this Section if the closed

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captioning feature is deactivated by a member of the University
of Illinois Hospital's staff after such feature is enabled in a
common area or in a patient's room unless the deactivation of
the closed captioning feature is knowing or intentional. It is
not a violation of this Section if the closed captioning
feature is deactivated by a member of the general public, a
patient, or a member of the University of Illinois Hospital's
staff at the request of a patient of the University of Illinois
Hospital.
If the University of Illinois Hospital does not have a
television that includes a closed captioning feature, then the
University of Illinois Hospital must ensure that all
televisions obtained for common areas and patient rooms after
the effective date of this amendatory Act of the 100th General
Assembly include a closed captioning feature. This Section does
not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 10. The Alternative Health Care Delivery Act is
amended by adding Sections 35.5 and 7c as follows:

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(210 ILCS 3/35.5 new)
Sec. 35.5. Closed captioning required. An alternative
health care model licensed under this Act must make reasonable
efforts to have activated at all times the closed captioning
feature on a television in a common area provided for use by
the general public or in a patient's room, or enable the closed
captioning feature when requested to do so by a member of the
general public or a patient, if the television includes a
closed captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the
alternative health care model's staff after such feature is
enabled in a common area or in a patient's room unless the
deactivation of the closed captioning feature is knowing or
intentional. It is not a violation of this Section if the
closed captioning feature is deactivated by a member of the
general public, a patient, or a member of the alternative
health care model's staff at the request of a patient of the
alternative health care model licensed under this Act.
If the alternative health care model licensed under this
Act does not have a television that includes a closed
captioning feature, then the alternative health care model
licensed under this Act must ensure that all televisions
obtained for common areas and patient rooms after the effective
date of this amendatory Act of the 100th General Assembly

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include a closed captioning feature. This Section does not
affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 15. The Ambulatory Surgical Treatment Center Act is
amended by adding Section 7c as follows:
(210 ILCS 5/7c new)
Sec. 7c. Closed captioning required. An ambulatory
surgical treatment center licensed under this Act must make
reasonable efforts to have activated at all times the closed
captioning feature on a television in a common area provided
for use by the general public or in a patient's room, or enable
the closed captioning feature when requested to do so by a
member of the general public or a patient, if the television
includes a closed captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the ambulatory
surgical treatment center's staff after such feature is enabled
in a common area or in a patient's room unless the deactivation

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of the closed captioning feature is knowing or intentional. It
is not a violation of this Section if the closed captioning
feature is deactivated by a member of the general public, a
patient, or a member of the ambulatory surgical treatment
center's staff at the request of a patient of the ambulatory
surgical treatment center licensed under this Act.
If the ambulatory surgical treatment center licensed under
this Act does not have a television that includes a closed
captioning feature, then the ambulatory surgical treatment
center licensed under this Act must ensure that all televisions
obtained for common areas and patient rooms after the effective
date of this amendatory Act of the 100th General Assembly
include a closed captioning feature. This Section does not
affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 20. The Community Living Facilities Licensing Act
is amended by adding Section 5.5 as follows:
(210 ILCS 35/5.5 new)

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Sec. 5.5. Closed captioning required. A Community Living
Facility licensed under this Act must make reasonable efforts
to have activated at all times the closed captioning feature on
a television in a common area provided for use by the general
public or in a resident's room, or enable the closed captioning
feature when requested to do so by a member of the general
public or a resident, if the television includes a closed
captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the Community
Living Facility's staff after such feature is enabled in a
common area or in a resident's room unless the deactivation of
the closed captioning feature is knowing or intentional. It is
not a violation of this Section if the closed captioning
feature is deactivated by a member of the general public, a
resident, or a member of the a Community Living Facility's
staff at the request of a resident of the Community Living
Facility licensed under this Act.
If a Community Living Facility licensed under this Act does
not have a television in a common area that includes a closed
captioning feature, then the Community Living Facility
licensed under this Act must ensure that all televisions
obtained for common areas after the effective date of this
amendatory Act of the 100th General Assembly include a closed
captioning feature. This Section does not affect any other
provision of law relating to disability discrimination or

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providing reasonable accommodations or diminish the rights of a
person with a disability under any other law. Nothing in this
Section shall apply to televisions that are privately owned by
a resident or third party and not owned by the Community Living
Facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 25. The Nursing Home Care Act is amended by adding
Section 3-801.2 as follows:
(210 ILCS 45/3-801.2 new)
Sec. 3-801.2. Closed captioning required. A facility
licensed under this Act must make reasonable efforts to have
activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a resident's room, or enable the closed captioning
feature when requested to do so by a member of the general
public or a resident, if the television includes a closed
captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the facility's
staff after such feature is enabled in a common area or in a
resident's room unless the deactivation of the closed

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captioning feature is knowing or intentional. It is not a
violation of this Section if the closed captioning feature is
deactivated by a member of the general public, a resident, or a
member of the facility's staff at the request of a resident of
a facility licensed under this Act.
If a facility licensed under this Act does not have a
television in a common area that includes a closed captioning
feature, then the facility licensed under this Act must ensure
that all televisions obtained for common areas after the
effective date of this amendatory Act of the 100th General
Assembly include a closed captioning feature. This Section does
not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law. Nothing in this Section shall apply to televisions
that are privately owned by a resident or third party and not
owned by the facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 30. The MC/DD Act is amended by adding Section
3-801.2 as follows:
(210 ILCS 46/3-801.2 new)

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Sec. 3-801.2. Closed captioning required. A facility
licensed under this Act must make reasonable efforts to have
activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a resident's room, or enable the closed captioning
feature when requested to do so by a member of the general
public or a resident, if the television includes a closed
captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the facility's
staff after such feature is enabled in a common area or in a
resident's room unless the deactivation of the closed
captioning feature is knowing or intentional. It is not a
violation of this Section if the closed captioning feature is
deactivated by a member of the general public, a resident, or a
member of the facility's staff at the request of a resident of
a facility licensed under this Act.
If a facility licensed under this Act does not have a
television in a common area that includes a closed captioning
feature, then the facility licensed under this Act must ensure
that all televisions obtained for common areas after the
effective date of this amendatory Act of the 100th General
Assembly include a closed captioning feature. This Section does
not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any

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other law. Nothing in this Section shall apply to televisions
that are privately owned by a resident or third party and not
owned by the facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 35. The ID/DD Community Care Act is amended by
adding Section 3-801.2 as follows:
(210 ILCS 47/3-801.2 new)
Sec. 3-801.2. Closed captioning required. A facility
licensed under this Act must make reasonable efforts to have
activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a resident's room, or enable the closed captioning
feature when requested to do so by a member of the general
public or a resident, if the television includes a closed
captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the facility's
staff after such feature is enabled in a common area or in a
resident's room unless the deactivation of the closed
captioning feature is knowing or intentional. It is not a
violation of this Section if the closed captioning feature is

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deactivated by a member of the general public, a resident, or a
member of the facility's staff at the request of a resident of
a facility licensed under this Act.
If a facility licensed under this Act does not have a
television in a common area that includes a closed captioning
feature, then the facility licensed under this Act must ensure
that all televisions obtained for common areas after the
effective date of this amendatory Act of the 100th General
Assembly include a closed captioning feature. This Section does
not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law. Nothing in this Section shall apply to televisions
that are privately owned by a resident or third party and not
owned by the facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 40. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by adding Section 2-101.5 as follows:
(210 ILCS 49/2-101.5 new)
Sec. 2-101.5. Closed captioning required. A facility
licensed under this Act must make reasonable efforts to have

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activated at all times the closed captioning feature on a
television in a common area provided for use by the general
public or in a consumer's room, or enable the closed captioning
feature when requested to do so by a member of the general
public or a consumer, if the television includes a closed
captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the facility's
staff after such feature is enabled in a common area or in a
consumer's room unless the deactivation of the closed
captioning feature is knowing or intentional. It is not a
violation of this Section if the closed captioning feature is
deactivated by a member of the general public, a consumer, or a
member of the facility's staff at the request of a consumer of
a facility licensed under this Act.
If a facility licensed under this Act does not have a
television in a common area that includes a closed captioning
feature, then the facility licensed under this Act must ensure
that all televisions obtained for common areas after the
effective date of this amendatory Act of the 100th General
Assembly include a closed captioning feature. This Section does
not affect any other provision of law relating to disability
discrimination or providing reasonable accommodations or
diminish the rights of a person with a disability under any
other law. Nothing in this Section shall apply to televisions
that are privately owned by a resident or third party and not

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owned by the facility.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 45. The Hospital Licensing Act is amended by adding
Section 11.8 as follows:
(210 ILCS 85/11.8 new)
Sec. 11.8. Closed captioning required. A hospital licensed
under this Act must make reasonable efforts to have activated
at all times the closed captioning feature on a television in a
common area provided for use by the general public or in a
patient's room, or enable the closed captioning feature when
requested to do so by a member of the general public or a
patient, if the television includes a closed captioning
feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the hospital's
staff after such feature is enabled in a common area or in a
patient's room unless the deactivation of the closed captioning
feature is knowing or intentional. It is not a violation of
this Section if the closed captioning feature is deactivated by
a member of the general public, a patient, or a member of the
hospital's staff at the request of a patient of a hospital

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licensed under this Act.
If a hospital licensed under this Act does not have a
television that includes a closed captioning feature, then the
hospital must ensure that all televisions obtained for common
areas and patient rooms after the effective date of this
amendatory Act of the 100th General Assembly include a closed
captioning feature. This Section does not affect any other
provision of law relating to disability discrimination or
providing reasonable accommodations or diminish the rights of a
person with a disability under any other law.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.
Section 50. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by adding Section
10.5 as follows:
(210 ILCS 135/10.5 new)
Sec. 10.5. Closed captioning required. A
community-integrated living arrangement certified under this
Act must make reasonable efforts to have activated at all times
the closed captioning feature on a television in a common area
provided for use by the general public or in a resident's room,
or enable the closed captioning feature when requested to do so

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by a member of the general public or a resident, if the
television includes a closed captioning feature.
It is not a violation of this Section if the closed
captioning feature is deactivated by a member of the
community-integrated living arrangement's staff after such
feature is enabled in a common area or in a resident's room
unless the deactivation of the closed captioning feature is
knowing or intentional. It is not a violation of this Section
if the closed captioning feature is deactivated by a member of
the general public, a resident, or a member of the
community-integrated living arrangement's staff at the request
of a resident of a community-integrated living arrangement
certified under this Act.
If a community-integrated living arrangement certified
under this Act does not have a television in a common area that
includes a closed captioning feature, then the
community-integrated living arrangement certified under this
Act must ensure that all televisions obtained for common areas
after the effective date of this amendatory Act of the 100th
General Assembly include a closed captioning feature. This
Section does not affect any other provision of law relating to
disability discrimination or providing reasonable
accommodations or diminish the rights of a person with a
disability under any other law. Nothing in this Section shall
apply to televisions that are privately owned by a resident or
third party and not owned by the community-integrated living

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arrangement.
As used in this Section, "closed captioning" means a text
display of spoken words presented on a television that allows a
deaf or hard of hearing viewer to follow the dialogue and the
action of a program simultaneously.".