SB 135

Under existing law, termination dates are established for enumerated state agencies. The agencies are periodically reviewed by the Alabama Sunset Committee. After the review process is completed, the committee prepares its recommendations for the agencies to the Legislature in the form of sunset bills which either continue, terminate, or continue with modification each agency reviewed

This bill would provide for the continuance of the Elevator Safety Review Board, with the following change: To remove the board from the sunset review process

Relating to the Alabama Sunset Law; to continue the existence and functioning of the Elevator Safety Review Board with certain modifications; to amend Section 25-13-6, Code of Alabama 1975, as amended by Act 2017-70, 2017 Regular Session, so as to remove the board from the sunset review process.

Section 1

Pursuant to the Alabama Sunset Law, the Sunset Committee recommends the continuance of the Elevator Safety Review Board, with the additional recommendation for statutory change as set out in Section 3.

Section 2

The existence and functioning of the Elevator Safety Review Board, created and functioning pursuant to Sections 25-13-1 to 25-13-25, inclusive, Code of Alabama 1975, is continued, and those code sections are expressly preserved.

Section 3

Section 25-13-6 of the Code of Alabama 1975, as amended by Act 2017-70, 2017 Regular Session, is amended to read as follows:

§25-13-6.

(a) The board may consult with engineering authorities and organizations concerned with standard safety codes, rules, and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of elevators, dumbwaiters, escalators, and the qualifications which are adequate, reasonable, and necessary for an elevator mechanic, contractor, and inspector. Therefore, the board may recommend the amendments of applicable legislation, when appropriate, to legislators.

(b) The board shall establish regulations for the equipment regulated by this chapter. The regulations shall include the Safety Code for Elevators and Escalators, ASME A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Automated People Mover Standards, ASCE 21. The board shall adopt the latest editions of the standards within six months of their effective date. Any modifications to the standards that the administrator deems necessary shall be justified in writing by the board.

(c) The board may grant exceptions and variances from the literal requirements of applicable code and standards, regulations, or local legislation, or any combination of these, in cases where such variances would not jeopardize the public safety and welfare. The board may hear appeals, hold hearings, and decide upon appeals within 30 days of the appeal.

(d) The board shall establish fee schedules for licenses, permits, certificates, and inspections. The fees shall reflect the actual costs and expenses to conduct the duties as described in this chapter. All fees collected by the administrator pursuant to this chapter shall be remitted to the Elevator Safety Review Board Operational Fund in the State Treasury to the credit of the board for its operation and for the operation of the Department of Labor. Any funds appropriated for the operation of the board that are not needed for current operations as determined by the administrator of the department and within the appropriation ceiling of the board may be used for operation of the department. All fees collected in the Elevator Safety Review Board Operational Fund above the appropriated amount shall be transferred to the State General Fund within one quarter after the end of each fiscal year.

(e) In addition, the administrator of the department may transfer unused funds in the Elevator Safety Review Board Operational Fund to the State General Fund.

(e) The board shall be subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2005, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law."

Section 4

The Legislature concurs in the recommendations of the Sunset Committee as provided in Sections 1, 2, and 3.

Section 5

This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming law.