Bill Text: IL HB1509 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Nursing Home Care Act, the Authorized Electronic Monitoring in Long-Term Care Facilities Act, and the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that, on and after January 1, 2024, long-term care facilities, nursing homes, community-integrated living arrangements, and developmental disability facilities shall equip in-car video camera recording equipment with a recording medium capable of recording for a period of 24 hours or more in each vehicle owned or operated by the long-term care facility, nursing home, community-integrated living arrangement, or developmental disability facility. Requires in-car video camera recording under specified situations. Requires a recording medium containing each in-car video camera recording to be retained for a period of at least 365 days. Provides that a long-term care facility, nursing home, community-integrated living arrangement, or developmental disability facility shall ensure proper care and maintenance of in-car video camera recording equipment and recording mediums. Contains other provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-31 - Referred to Rules Committee [HB1509 Detail]

Download: Illinois-2023-HB1509-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1509 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
210 ILCS 32/35 new
210 ILCS 45/3-801.3 new
210 ILCS 165/35 new
Amends the Nursing Home Care Act, the Authorized Electronic Monitoring in Long-Term Care Facilities Act, and the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act. Provides that, on and after January 1, 2024, long-term care facilities, nursing homes, community-integrated living arrangements, and developmental disability facilities shall equip in-car video camera recording equipment with a recording medium capable of recording for a period of 24 hours or more in each vehicle owned or operated by the long-term care facility, nursing home, community-integrated living arrangement, or developmental disability facility. Requires in-car video camera recording under specified situations. Requires a recording medium containing each in-car video camera recording to be retained for a period of at least 365 days. Provides that a long-term care facility, nursing home, community-integrated living arrangement, or developmental disability facility shall ensure proper care and maintenance of in-car video camera recording equipment and recording mediums. Contains other provisions.
LRB103 05316 CPF 50334 b
A BILL FOR
HB1509 LRB103 05316 CPF 50334 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Authorized Electronic Monitoring in
Long-Term Care Facilities Act is amended by adding Section 35
as follows:
(210 ILCS 32/35 new)
Sec. 35. Video and audio in facility vehicles.
(a) In this Section:
"Audio recording" means a recorded conversation between a
facility employee and a resident.
"Facility vehicle" means a vehicle owned or operated by a
facility.
"In-car video camera" means a recording device in a
vehicle.
"Recording" means the process of capturing video and audio
data or information that is stored on a recording medium.
"Recording medium" means any medium for the retention and
playback of recorded audio and video, including, but not
limited to, a VHS, DVD, hard drive, or solid state, digital, or
flash memory technology.
(b) On and after January 1, 2024, a facility shall equip
in-car video camera recording equipment with a recording

HB1509 - 2 - LRB103 05316 CPF 50334 b
medium capable of recording for a period of 24 hours or more in
each facility vehicle.
(c) In-car video camera recording must occur whenever any
of the following occur:
(1) A facility employee and a resident are inside a
facility vehicle.
(2) A resident is inside a facility vehicle.
(3) A facility employee is operating a facility
vehicle.
(d) A recording medium containing each in-car video camera
recording shall be retained by the facility for a period of at
least 365 days. Under no circumstances shall any in-car video
camera recording be altered or erased prior to the expiration
of the 365-day retention period. After the 365-day retention
period has elapsed, the in-car video camera recording may be
erased and the recording medium reissued for operational use,
unless otherwise ordered by a court.
(e) A facility shall ensure proper care and maintenance of
in-car video camera recording equipment and recording mediums.
A facility employee who operates a facility vehicle must
immediately document and notify the employee's supervisor of
any technical difficulty, failure, or problem with a facility
vehicle's in-car video camera recording equipment or a
recording medium. Upon receiving notice, the facility
employee's supervisor shall make every reasonable effort to
correct and repair the in-car video camera recording equipment

HB1509 - 3 - LRB103 05316 CPF 50334 b
or recording medium and determine whether it is in the public
interest to permit the use of the facility vehicle.
Section 10. The Nursing Home Care Act is amended by adding
Section 3-801.3 as follows:
(210 ILCS 45/3-801.3 new)
Sec. 3-801.3. Video and audio in facility vehicles.
(a) In this Section:
"Audio recording" means a recorded conversation between a
facility employee and a resident.
"Facility vehicle" means a vehicle owned or operated by a
facility.
"In-car video camera" means a recording device in a
vehicle.
"Recording" means the process of capturing video and audio
data or information that is stored on a recording medium.
"Recording medium" means any medium for the retention and
playback of recorded audio and video, including, but not
limited to, a VHS, DVD, hard drive, or solid state, digital, or
flash memory technology.
(b) On and after January 1, 2024, a facility shall equip
in-car video camera recording equipment with a recording
medium capable of recording for a period of 24 hours or more in
each facility vehicle.
(c) In-car video camera recording must occur whenever any

HB1509 - 4 - LRB103 05316 CPF 50334 b
of the following occur:
(1) A facility employee and a resident are inside a
facility vehicle.
(2) A resident is inside a facility vehicle.
(3) A facility employee is operating a facility
vehicle.
(d) A recording medium containing each in-car video camera
recording shall be retained by the facility for a period of at
least 365 days. Under no circumstances shall any in-car video
camera recording be altered or erased prior to the expiration
of the 365-day retention period. After the 365-day retention
period has elapsed, the in-car video camera recording may be
erased and the recording medium reissued for operational use,
unless otherwise ordered by a court.
(e) A facility shall ensure proper care and maintenance of
in-car video camera recording equipment and recording mediums.
A facility employee who operates a facility vehicle must
immediately document and notify the employee's supervisor of
any technical difficulty, failure, or problem with a facility
vehicle's in-car video camera recording equipment or a
recording medium. Upon receiving notice, the facility
employee's supervisor shall make every reasonable effort to
correct and repair the in-car video camera recording equipment
or recording medium and determine whether it is in the public
interest to permit the use of the facility vehicle.

HB1509 - 5 - LRB103 05316 CPF 50334 b
Section 15. The Authorized Electronic Monitoring in
Community-Integrated Living Arrangements and Developmental
Disability Facilities Act is amended by adding Section 35 as
follows:
(210 ILCS 165/35 new)
Sec. 35. Video and audio in community-integrated living
arrangement and developmental disability facility vehicles.
(a) In this Section:
"Audio recording" means a recorded conversation between a
facility employee and a resident.
"Facility" means a community-integrated living arrangement
or developmental disability facility.
"Facility vehicle" means a vehicle owned or operated by a
facility.
"In-car video camera" means a recording device in a
vehicle.
"Recording" means the process of capturing video and audio
data or information that is stored on a recording medium.
"Recording medium" means any medium for the retention and
playback of recorded audio and video, including, but not
limited to, a VHS, DVD, hard drive, or solid state, digital, or
flash memory technology.
(b) On and after January 1, 2024, a facility shall equip
in-car video camera recording equipment with a recording
medium capable of recording for a period of 24 hours or more in

HB1509 - 6 - LRB103 05316 CPF 50334 b
each facility vehicle.
(c) In-car video camera recording must occur whenever any
of the following occur:
(1) A facility employee and a resident are inside a
facility vehicle.
(2) A resident is inside a facility vehicle.
(3) A facility employee is operating a facility
vehicle.
(d) A recording medium containing each in-car video camera
recording shall be retained by the facility for a period of at
least 365 days. Under no circumstances shall any in-car video
camera recording be altered or erased prior to the expiration
of the 365-day retention period. After the 365-day retention
period has elapsed, the in-car video camera recording may be
erased and the recording medium reissued for operational use,
unless otherwise ordered by a court.
(e) A facility shall ensure proper care and maintenance of
in-car video camera recording equipment and recording mediums.
A facility employee who operates a facility vehicle must
immediately document and notify the employee's supervisor of
any technical difficulty, failure, or problem with a facility
vehicle's in-car video camera recording equipment or a
recording medium. Upon receiving notice, the facility
employee's supervisor shall make every reasonable effort to
correct and repair the in-car video camera recording equipment
or recording medium and determine whether it is in the public

HB1509 - 7 - LRB103 05316 CPF 50334 b
interest to permit the use of the facility vehicle.