SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1153

93RD GENERAL ASSEMBLY

     Reported from the Committee on Financial and Governmental Organizations and Elections, April 12, 2006, with recommendation that the Senate Committee Substitute do pass and be placed on the Consent Calendar.

TERRY L. SPIELER, Secretary.

3236S.06C

AN ACT

To repeal section 701.353, RSMo, and to enact in lieu thereof one new section relating to the elevator safety board, with an emergency clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Section 701.353, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 701.353, to read as follows:

            701.353.  1.  There is hereby established an "Elevator Safety Board" to be composed of [eleven] thirteen members, one of whom shall be the director of the department of public safety, or his or her designee.  The remaining [ten] twelve members of the board shall be appointed by the governor with the advice and consent of the senate.  Each member appointed by the governor shall be appointed for a term of five years or until his or her successor is appointed.  The governor shall fill any vacancy on the board for the remainder of the unexpired term with a representative of the same interest as that of the member whose term is vacant.  No more than [six] seven members of the board, who are not employees of state or local government, shall be members of the same political party.  

            2.  Two members of the board shall represent the interests of labor and shall be involved in the elevator industry.  Two members of the board shall be representatives of manufacturers of elevators used in this state.  One member of the board shall be a representative of an elevator company that installs, services, and maintains elevators and elevator-related equipment in the state who is not an elevator manufacturer.  One member of the board shall be an architect or mechanical engineer.  One member of the board shall be a representative of owners of buildings affected by sections 701.350 to 701.380.  Two members shall be building officials with responsibility for administering elevator regulations, one from each municipality having a population of at least three hundred fifty thousand inhabitants.  One member of the board shall be a representative of the disabled community who is familiar with the provisions of the Federal Americans with Disabilities Act.  One member shall be a representative of the special elevator inspectors.  One member shall be a state licensed professional engineer.

            3.  The director of the department shall call the first meeting of the board within sixty days after all members have been appointed and qualified.  The members from among their membership shall elect a chairman.  After the initial meeting the members shall meet at the call of the chairman, but shall meet at least four times per year.  [Six] Seven members of the board shall constitute a quorum.  

            4.  The members of the board shall serve without pay, but they shall receive per diem expenses in an equivalent amount as allowed for members of the general assembly.  

            Section B.  Because immediate action is necessary to ensure appropriate membership on the elevator safety board the repeal and reenactment of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of section A of this act shall be in full force and effect upon its passage and approval.

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