SB2296 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2296

 

Introduced 2/10/2023, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/23 new
30 ILCS 105/5.990 new

    Amends the Assisted Living and Shared Housing Act. Provides that, before commencing construction of a new establishment or an alteration or addition to an existing establishment, the owner or operator of the establishment shall submit architectural drawings and specifications for the construction, alteration, or addition to the Department of Public Health for review and approval. Contains requirements for submissions, review of submissions, and notice provided under the provisions. Provides fees based upon the estimated dollar value of constructions, alterations, or additions. Creates the Health Establishment Plan Review Fund and makes a conforming change in the State Finance Act. Requires fees collected under the provisions to be deposited into the Fund and used by the Department only to pay the costs of conducting reviews under the provisions. Contains other provisions.


LRB103 27117 CPF 53485 b

 

 

A BILL FOR

 

SB2296LRB103 27117 CPF 53485 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Assisted Living and Shared Housing Act is
5amended by adding Section 23 as follows:
 
6    (210 ILCS 9/23 new)
7    Sec. 23. Establishment construction; Department review;
8fees.
9    (a) Before commencing construction of a new establishment
10or an alteration or addition to an existing establishment, the
11owner or operator of the establishment shall submit
12architectural drawings and specifications for the
13construction, alteration, or addition to the Department for
14review and approval.
15    The Department shall provide criteria by rule for
16determining whether a construction, alteration, or addition is
17subject to the submission requirements of this Section. The
18Department shall not review a submission under this Section
19until the required fee, if any, has been paid.
20    An establishment may voluntarily submit architectural
21drawings and specifications for a construction, alteration, or
22addition for Department review and approval under subsection
23(b) without being charged a fee under subsection (c).

 

 

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1    Review of architectural drawings and specifications shall
2be conducted by (i) a Department employee who meets the
3qualifications for that employee's class specification
4according to requirements of the Department of Central
5Management Services or by (ii) a person under contract with
6the Department who meets the same qualifications described
7under (i). Final approval of the architectural drawings and
8specifications shall be obtained from the Department before
9the construction, alteration, or addition begins.
10    (b) Regardless of whether the submission is complete or
11incomplete, the Department shall inform the owner or operator
12of an establishment submitting architectural drawings and
13specifications under subsection (a) in writing within 10
14working days after receiving the architectural drawings and
15specifications and the required fee, if any.
16    If the submission is incomplete, the Department shall
17inform the owner or operator of each deficiency of the
18submission in writing. If the Department fails to provide the
19owner or operator with the notice within 10 working days, the
20submission shall be deemed complete for purposes of initiating
21the 60-calendar-day review period required under this
22subsection.
23    If the submission is complete and the required fee, if
24any, has been paid, the Department shall approve or disapprove
25the architectural drawings and specifications no later than 60
26calendar days after being received by the Department.

 

 

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1    The drawings and specifications shall be of sufficient
2detail, as determined by the Department by rule, to enable the
3Department to render a determination of compliance with design
4and construction standards under this Act. If the Department
5finds that the architectural drawings and specifications are
6not of sufficient detail to render a determination of
7compliance, the submission shall be deemed incomplete and
8shall not be considered for purposes of initiating the
960-calendar-day review period, but the applicant may submit
10additional information to supplement the submission. The
1160-calendar-day review period shall not commence until the
12Department determines that the submission is complete or if
13the submission is deemed complete. If the Department has not
14approved or disapproved the drawings and specifications within
15the 60-calendar-day review period, the construction,
16alteration, or addition shall be deemed approved. If the
17submission is disapproved, the Department shall state in
18writing, with specificity, the reasons for the disapproval and
19the owner or operator may submit additional information in
20response or request a reconsideration of the disapproval. A
21final decision of approval or disapproval shall be made by the
22Department within 45 calendar days after receiving the
23additional information or request for reconsideration. If
24denied, the Department shall state the specific reasons for
25the denial.
26    (c) Unless changed by the Department by rule under

 

 

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1subsection (e), the Department shall charge the following fees
2for reviews conducted under this Section:
3        (1) If the estimated dollar value of the construction,
4    alteration, or addition is less than $50,000, no fee is
5    required.
6        (2) If the estimated dollar value of the construction,
7    alteration, or addition is $50,000 or more but less than
8    $500,000, the fee shall be the greater of $4,000 or 2.0% of
9    the estimated dollar value.
10        (3) If the estimated dollar value of the construction,
11    alteration, or addition is $500,000 or more but less than
12    $1,000,000, the fee shall be the greater of $10,000 or
13    1.5% of the estimated dollar value.
14        (4) If the estimated dollar value of the construction,
15    alteration, or addition is $1,000,000 or more but less
16    than $5,000,000, the fee shall be the greater of $13,000
17    or 0.35% of the estimated dollar value.
18        (5) If the estimated dollar value of the construction,
19    alteration, or addition is $5,000,000 or more, the fee
20    shall be the greater of $15,000 or 0.175% of the estimated
21    dollar value, but shall not exceed $35,000.
22    The fees provided in this subsection shall not apply to an
23establishment's construction, alteration, or addition if it
24involves changes to the establishment that are required by the
25Department by rule.
26    (d) The Health Establishment Plan Review Fund is

 

 

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1established as a special fund in the State treasury. All fees
2received by the Department under this Section shall be
3deposited into the Fund. Moneys shall be appropriated from the
4Fund to the Department only to pay the costs of conducting
5reviews under this Section. No moneys in the Fund shall be used
6to reduce the amount of moneys appropriated from the General
7Revenue Fund to the Department for reviews conducted under
8this Section.
9    (e) The Department shall review the fee structure under
10subsection (c) 3 years after the effective date of this
11amendatory Act of the 103rd General Assembly and every 5 years
12thereafter and shall, by rule, increase or decrease fee
13amounts as the Department determines to be necessary for the
14Department to maintain the its ability to review submissions
15under this Section.
16    (f) The Department shall conduct an on-site inspection of
17a completed construction, alteration, or addition no later
18than 30 working days after notification from the owner or
19operator of the establishment that the construction,
20alteration, or addition has been completed and all
21certifications required by the Department have been received
22and accepted. The establishment shall not be occupied until
23the Department provides written approval for occupancy to the
24owner or operator within 5 working days after the Department's
25final inspection, provided that the owner or operator has
26substantially complied with this Section as determined by the

 

 

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1Department by rule. However, if the Department has not
2conducted the on-site inspection within the 30-day period or
3provided the written approval within 5 days thereafter, the
4construction, alteration, or addition shall be deemed
5approved, the establishment may be occupied, and the
6establishment's license shall be issued after the
7establishment passes an on-site health inspection by the
8Department.
9    (g) The Department shall establish a procedure, by rule,
10to conduct voluntary interim on-site review of construction,
11alteration, or addition projects for a fee of $3,000 per
12interim on-site review.
13    (h) The Department shall establish, by rule, an expedited
14process for emergency repairs or replacement of like
15equipment.
16    (i) Nothing in this Section shall be construed to apply to
17emergency repair, maintenance, upkeep, or renovation that does
18not affect the structural integrity of an establishment, does
19not add units or services so as to be greater than the number
20for which the establishment is licensed, and provides a
21reasonable degree of safety for the establishment's residents.
 
22    Section 10. The State Finance Act is amended by adding
23Section 5.990 as follows:
 
24    (30 ILCS 105/5.990 new)

 

 

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1    Sec. 5.990. The Health Establishment Plan Review Fund.