94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2554

 

Introduced 2/18/2005, by Rep. Michael K. Smith

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3105/4.07 new
20 ILCS 3105/4.08 new
20 ILCS 3105/4.10 new
20 ILCS 3918/Act rep.

    Amends the Capital Development Board Act. Upon the effective date of the amendatory Act, abolishes the Illinois Building Commission (IBC), transfers all of its powers, duties, and functions to the Capital Development Board (CDB), and terminates all appointments to the Commission. Provides that CDB is the successor agency to IBC. Requires CDB to establish and administer an Ad Hoc Advisory Board on Building Codes and Regulations with members appointed by the Executive Director of CDB. Provides that members shall serve without compensation. Requires CDB to serve as a forum for resolution of conflicts between State agencies, or between State agencies and another entity that consents to the forum, concerning State building requirements and requires the Board to impose fees for the purpose of administering the dispute resolution forum. Repeals the Illinois Building Commission Act. Effective immediately.


LRB094 10167 MKM 40432 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2554 LRB094 10167 MKM 40432 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Capital Development Board Act is amended by
5 adding Sections 4.07, 4.08, and 4.10 as follows:
 
6     (20 ILCS 3105/4.07 new)
7     Sec. 4.07. Illinois Building Commission abolished;
8 transfer of powers, duties, and functions. Upon the effective
9 date of this amendatory Act of the 94th General Assembly, the
10 Illinois Building Commission is abolished and all appointments
11 to the Commission made under the Illinois Building Commission
12 Act are terminated. All of the powers, duties, and functions of
13 the Illinois Building Commission are transferred to the Capital
14 Development Board. For purposes of the Successor Agency Act and
15 Section 9b of the State Finance Act, the Capital Development
16 Board is the successor to the Illinois Building Commission.
 
17     (20 ILCS 3105/4.08 new)
18     Sec. 4.08. Ad Hoc Advisory Board on Building Codes and
19 Regulations. The Capital Development Board shall administer an
20 Ad Hoc Advisory Board on Building Codes and Regulations.
21 Members of the Ad Hoc Advisory Board shall be appointed by the
22 Director of the Capital Development Board and shall represent
23 (i) the design or construction industry or (ii) members of the
24 public affected by building codes and regulations. The members
25 shall serve without compensation.
 
26     (20 ILCS 3105/4.10 new)
27     Sec. 4.10. Dispute resolution forum.
28     (a) The Capital Development Board shall serve as a forum
29 for resolution of conflicts concerning State building
30 requirements between State agencies, or between a State agency

 

 

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1 and another entity that consents to the forum.
2     (b) As used in this Section, for dispute resolution arising
3 out of Section 8 or 8.5 of the Hospital Licensing Act,
4 "building requirements" means the application of building
5 codes for new and existing construction and related Department
6 of Public Health rules and standards under the Hospital
7 Licensing Act, including, without limitation, rules and
8 standards for: (i) design and construction; (ii) engineering
9 and maintenance of the physical plant site, equipment, and
10 systems (heating, cooling, electrical, ventilation, plumbing,
11 water, sewer, and solid waste disposal); and (iii) fire safety.
12     (c) If the suggested resolution of a conflict between the
13 Department of Public Health and a health care provider is to:
14 (i) accept an equivalency determined by the Fire Safety
15 Evaluation System; (ii) waive State rules or standards; or
16 (iii) seek a waiver of federal rules or standards, the Capital
17 Development Board shall take any action it deems necessary to
18 facilitate the recommended resolution, including preparing a
19 waiver request and directing the Department of Public Health to
20 recommend the request to the appropriate federal agency.
21     (d) The Capital Development Board shall collect the
22 following fees for the purpose of administering the dispute
23 resolution forum:
24         (1) For services provided by the Capital Board in
25     fulfilling any of the Board's mandates under this Act, a
26     fee of at least $250.
27         (2) For the use of the general dispute resolution
28     process for disputes between the Department of Public
29     Health and a health care provider, a fee not to exceed
30     $10,000, plus an alternative dispute resolution request
31     fee of $2,000 per process.
32     All fees collected by the Board shall be deposited into the
33 Capital Development Board Revolving Fund. The Board may also
34 accept donations or moneys from any other legal source for
35 deposit into that Fund. All interest accrued on the fees,
36 donations, and other deposits to this Fund shall be deposited

 

 

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1 into the Fund. Subject to appropriation, all moneys in the Fund
2 shall be used to carry out the purposes of the Capital
3 Development Board.
 
4     (20 ILCS 3918/Act rep.)
5     Section 10. The Illinois Building Commission Act is
6 repealed.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.