HB2962 103RD GENERAL ASSEMBLY

LRB103 29958 AWJ 56373 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2962

Introduced 2/16/2023, by Rep. Bradley Fritts

SYNOPSIS AS INTRODUCED:

20 ILCS 301/55-41 new
20 ILCS 301/55-40 rep.
65 ILCS 5/11-12-6.5 new
65 ILCS 5/11-13-28 new

Amends the Substance Use Disorder Act. Provides that no later than one year after the effective date of the amendatory act of the 103rd General Assembly, the Department of Human Services shall adopt rules to establish minimum standards and requirements for the licensure of recovery residences in the State necessary to ensure public health, safety, and welfare. Provides that the Department may impose a civil penalty or sanctions or commence disciplinary actions against a person or licensee in violation of the rules and standards established by the Department. Provides that the Department may contract with a third party to assist the Department with licensure and inspections. Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality may classify, regulate, and restrict recovery residences, including on the basis of a recovery residence's compliance with the Department of Human Services' rules for recovery residences.

A BILL FOR

AN ACT concerning government.

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

Section 5. The Substance Use Disorder Act is amended by adding Section 55-41 as follows:

(20 ILCS 301/55-41 new)

Sec. 55-41. Recovery residences.

(a) As used in this Section, "recovery residence" means a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated problems.

(b) No later than one year after the effective date of this amendatory Act of the 103rd General Assembly, the Department shall adopt rules to establish minimum standards and requirements for the licensure of recovery residences in the State necessary to ensure public health, safety, and welfare. The Department may use the current standards adopted by any recognized national organization approved by the Department as guidelines in prescribing the minimum standards and requirements.

(c) The Department may impose a civil penalty on a person in violation of the rules and standards established by the Department. The Department may impose sanctions and commence disciplinary actions against a licensed recovery residence, including revoking the license. The Department may contract with a third party to assist the Department with licensure and inspections.

(20 ILCS 301/55-40 rep.)

Section 10. The Substance Use Disorder Act is amended by repealing Section 55-40.

Section 15. The Illinois Municipal Code is amended by adding Sections 11-12-6.5 and 11-13-28 as follows:

(65 ILCS 5/11-12-6.5 new)

Sec. 11-12-6.5. Recovery residences. Notwithstanding any other provision of law, the corporate authorities of a municipality may, in its ordinances passed under Section 11-12-5, classify, regulate, and restrict recovery residences, including on the basis of a recovery residence's compliance with the Department of Human Services' rules for recovery residences.

As used in this Section, "recovery residence" has the meaning given to that term in Section 55-41 of the Substance Use Disorder Act.

(65 ILCS 5/11-13-28 new)

Sec. 11-13-28. Recovery residences. Notwithstanding any other provision of law, the corporate authorities of a municipality may, in its ordinances passed under Section 11-13-1, classify, regulate, and restrict recovery residences, including on the basis of a recovery residence's compliance with the Department of Human Services' rules for recovery residences.

As used in this Section, "recovery residence" has the meaning given to that term in Section 55-41 of the Substance Use Disorder Act.