SB0149sam001 96TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/30/2009

09600SB0149sam001 LRB096 06207 ASK 24775 a

AMENDMENT TO SENATE BILL 149

AMENDMENT NO. ______. Amend Senate Bill 149 by replacing everything after the enacting clause with the following:

"Section 5. The Elevator Safety and Regulation Act is amended by changing Sections 25 and 125 as follows:

(225 ILCS 312/25)

(Section scheduled to be repealed on January 1, 2013)

Sec. 25. Elevator Safety Review Board.

(a) There is hereby created within the Office of the State Fire Marshal the Elevator Safety Review Board, consisting of 16 14 members. The Administrator shall appoint 3 members who shall be representatives of fire service communities. The Governor shall appoint the remaining 13 11 members of the Board as follows: one representative from a major elevator manufacturing company or its authorized representative; one representative from an elevator servicing company; one representative of the architectural design profession; one representative of the general public; one representative of an advocacy group for people with physical disabilities; one representative of an advocacy group for senior citizens the senior citizen population; one representative of a municipality in this State with a population under 25,000; one representative of a municipality in this State with a population of 25,000 or over but under 50,000; one representative of a municipality in this State with a population of 50,000 or over but under 500,000 one representative of an advocacy group for condominium owners; one representative of institute of higher education that operates an in-house elevator maintenance program; one representative of a building owner or manager; and one representative of labor involved in the installation, maintenance, and repair of elevators.

(b) The members constituting the Board shall be appointed for initial terms as follows:

(1) Of the members appointed by the Administrator, 2 shall serve for a term of 2 years, and one for a term of 4 years.

(2) Of the members appointed by the Governor, 2 shall serve for a term of one year, 2 for terms of 2 years, 2 for terms of 3 years, and 4 for terms of 4 years. The representative of the advocacy group for senior citizens senior citizen population shall serve an initial term of 4 years. The representative of an advocacy group for condominium owners and the representative of institute of higher education that operates an in-house elevator maintenance program shall both serve an initial term of 4 years.

At the expiration of their initial terms of office, the members or their successors shall be appointed for terms of 4 years each. Upon the expiration of a member's term of office, the officer who appointed that member shall reappoint that member or appoint a successor who is a representative of the same interests with which his or her predecessor was identified. The Administrator and the Governor may at any time remove any of their respective appointees for inefficiency or neglect of duty in office. Upon the death or incapacity of a member, the officer who appointed that member shall fill the vacancy for the remainder of the vacated term by appointing a member who is a representative of the same interests with which his or her predecessor was identified. The members shall serve without salary, but shall receive from the State expenses necessarily incurred by them in performance of their duties. The Governor shall appoint one of the members to serve as chairperson. The chairperson shall be the deciding vote in the event of a tie vote.

(Source: P.A. 94-698, eff. 11-22-05; 95-573, eff. 8-31-07.)

(225 ILCS 312/125)

(Section scheduled to be repealed on January 1, 2013)

Sec. 125. State law, code, or regulation; rule compliance. Whenever a provision in this Act is found to be inconsistent with any provision of another applicable State law, code, or rule, the State law shall prevail. This Act, unless specifically stated otherwise, is not intended to establish more stringent or more restrictive standards than standards set forth in other applicable State laws.

Any rule adopted under this Act that requires compliance specifically beginning in 2009 and any rule adopted under this Act that requires compliance specifically beginning in 2011 shall be deemed to require compliance beginning in 2013 instead of 2009 or 2011.

Nothwithstanding anything else in this Section, compliance with upgrade code requirements, pursuant to ASME A17.3, that relate to door restrictors, emergency battery pack lights and alarms, phase reversal protection, emergency phones, reopening devices, pit ladders, pit stop switches, or pit lights and ground fault circuit interrupters shall not be required to be completed prior to January 1, 2013. Nothwithstanding anything else in this Section, compliance with upgrade code requirements, pursuant to ASME A17.3, that relate to fire service recall, cylinder replacement, car safeties, or plunger grippers shall not be required to be completed prior to January 1, 2018.

(Source: P.A. 95-767, eff. 7-29-08.)

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