HB2554 94TH GENERAL ASSEMBLY

LRB094 10167 MKM 40432 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Capital Development Board Act is amended by adding Sections 4.07, 4.08, and 4.10 as follows:

(20 ILCS 3105/4.07 new)

Sec. 4.07. Illinois Building Commission abolished; transfer of powers, duties, and functions. Upon the effective date of this amendatory Act of the 94th General Assembly, the Illinois Building Commission is abolished and all appointments to the Commission made under the Illinois Building Commission Act are terminated. All of the powers, duties, and functions of the Illinois Building Commission are transferred to the Capital Development Board. For purposes of the Successor Agency Act and Section 9b of the State Finance Act, the Capital Development Board is the successor to the Illinois Building Commission.

(20 ILCS 3105/4.08 new)

Sec. 4.08. Ad Hoc Advisory Board on Building Codes and Regulations. The Capital Development Board shall administer an Ad Hoc Advisory Board on Building Codes and Regulations. Members of the Ad Hoc Advisory Board shall be appointed by the Director of the Capital Development Board and shall represent (i) the design or construction industry or (ii) members of the public affected by building codes and regulations. The members shall serve without compensation.

(20 ILCS 3105/4.10 new)

Sec. 4.10. Dispute resolution forum.

(a) The Capital Development Board shall serve as a forum for resolution of conflicts concerning State building requirements between State agencies, or between a State agency and another entity that consents to the forum.

(b) As used in this Section, for dispute resolution arising out of Section 8 or 8.5 of the Hospital Licensing Act, "building requirements" means the application of building codes for new and existing construction and related Department of Public Health rules and standards under the Hospital Licensing Act, including, without limitation, rules and standards for: (i) design and construction; (ii) engineering and maintenance of the physical plant site, equipment, and systems (heating, cooling, electrical, ventilation, plumbing, water, sewer, and solid waste disposal); and (iii) fire safety.

(c) If the suggested resolution of a conflict between the Department of Public Health and a health care provider is to: (i) accept an equivalency determined by the Fire Safety Evaluation System; (ii) waive State rules or standards; or (iii) seek a waiver of federal rules or standards, the Capital Development Board shall take any action it deems necessary to facilitate the recommended resolution, including preparing a waiver request and directing the Department of Public Health to recommend the request to the appropriate federal agency.

(d) The Capital Development Board shall collect the following fees for the purpose of administering the dispute resolution forum:

(1) For services provided by the Capital Board in fulfilling any of the Board's mandates under this Act, a fee of at least $250.

(2) For the use of the general dispute resolution process for disputes between the Department of Public Health and a health care provider, a fee not to exceed $10,000, plus an alternative dispute resolution request fee of $2,000 per process.

All fees collected by the Board shall be deposited into the Capital Development Board Revolving Fund. The Board may also accept donations or moneys from any other legal source for deposit into that Fund. All interest accrued on the fees, donations, and other deposits to this Fund shall be deposited into the Fund. Subject to appropriation, all moneys in the Fund shall be used to carry out the purposes of the Capital Development Board.

(20 ILCS 3918/Act rep.)

Section 10. The Illinois Building Commission Act is repealed.

Section 99. Effective date. This Act takes effect upon becoming law.