VT Legislation Updates

NAEC reports on legislative in-session updates.

submitted by NAEC

The National Association of Elevator Contractors (NAEC)’s mission is to serve the interests of the vertical-transportation (VT) industry by promoting safety and reliability through education, networking and exposure to new technologies. As an additional service to the VT industry and its members, NAEC is tracking legislative bills introduced throughout the U.S. pertaining to elevators and accessibility. As of press time, a multitude of states had current bills involving the VT industry, covering a range of subjects, including safety, inspector qualifications, taxes, apprentices and more. Following is a summary of those bills, reproduced as they appear in public records. 

California

AB871 Safety in employment: conveyances

Summary: This bill would remove the exception for platform lifts and stairway chairlifts installed in private residences and would require that a person who, without supervision, constructs, services, repairs or tests a conveyance, including a moving platform lift or stairway chairlift, be certified by the division as a certified competent conveyance mechanic, as specified.

Idaho

H0023 Amends existing law to replace references to the Division of Building Safety with the Division of Occupational and Professional Licenses. “Qualified elevator inspector” or “QEI” means a person who is currently certified by the National Association of Elevator Safety Authorities International (NAESA International) accredited certifying organization as meeting the requirements of the ASME QEI-1 Standard for the Qualification of Elevator Inspectors and who is employed by or under contract to the division of occupational and professional licenses.

Illinois

HB2289 FIRST 2023 GENERAL REVISORY 

Bill Summary: The Regulatory Sunset Act is amended by changing Sections 4.38 and 7 (a), the Elevator Safety and Regulation Act. In determining whether to recommend to the General Assembly under Section 5 the continuation of a regulatory agency or program or any function thereof, the Governor shall also consider the following criteria:

(1) whether the absence or modification of regulation would significantly harm or endanger the public health, safety or welfare.

Iowa

SF167 A bill for an act relating to under-18-prohibited work activities, youth employment and making penalties applicable. Operation of elevators and other power-driven hoisting apparatus are mentioned.

Maryland

HB505 Elevator Safety — Privately Owned Single-Family Residential Elevators — Inspection and Registration Requirements 

Bill Summary: AN ACT concerning Elevator Safety — Privately Owned Single-Family Residential Elevators — Inspection and Registration Requirements FOR the purpose of establishing that an elevator installed in a privately owned single-family residential dwelling on or after a certain date is subject to certain inspection and registration requirements; and generally relating to elevator safety. 

HB907 Public Safety — Out-of-Service Elevators — Repair Contract

Bill Summary: AN ACT concerning Public Safety — Out-of-Service Elevators — Repair Contract FOR the purpose of authorizing a landlord or landlord’s agent to enter into a contract with a certain person other than the elevator contractor with whom the landlord has a contract under certain circumstances; and generally relating to repairs and out-of-service elevators. 

Montana

HB115 Consolidating and clarifying penalties for unlicensed practice. 

Bill Summary: Consolidating and clarifying penalties for unlicensed practice, failure to display license.

HB152 Revise laws related to professional and occupational licensure.

Bill Summary: Elevator mechanic, inspector and contractor licenses required — qualifications. (1) An individual may not practice as an elevator mechanic, limited elevator mechanic or elevator inspector or engage in the business of an elevator contractor or limited elevator contractor unless licensed under Title 37, chapter 1.

HB245 Revise tax credit for trades education and training.

Bill Summary: Tax credit for trades, education and training

Minnesota

HF316 Covenants implied in residential lease amended, tenant remedies against landlords for repairs provided and tenant allowed to request emergency repairs from court. 

Bill Summary: A bill for an act relating to housing; amending the covenants implied in a residential lease; providing for tenant’s remedies against landlords for repairs; allowing a tenant to request emergency repairs from the court; if included in the lease, no functioning elevator, may petition the court for relief.

Mississippi

HB968 Sales tax and use tax, revise provisions regarding computer software, computer software service and computer service.

Bill Summary: 27-65-23. Upon every person engaging or continuing in any of the business or activities there is hereby levied, assessed and shall be collected a tax equal to 7% of the gross income of the business, except as otherwise provided: elevator or escalator installing, repairing or servicing.

New Mexico

HB299 Elevator Safety Act

Elevator Safety Act, new law for licensing of the elevator trade.

Oregon

SB675 Relating to licensing for certain skilled trades; prescribing an effective date. 

Bill Summary: Permits Electrical and Elevator Board to determine fitness of person who holds journeyman electrician license or equivalent license issued by governmental authority that regulates electrical trades in another state. Permits Department of Consumer and Business Services to issue license to applicant that board determines is fit. Takes effect on 91st day following adjournment sine die.

Rhode Island

H5535 Elevators, Escalators and Dumbwaiters 

Bill Summary: This act would provide for a registration process for private elevators to include a database of all private elevators to be maintained by the chief inspector. This act would take effect upon passage.

Tennessee

HB0211 AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29 and Title 68, Chapter 121, relative to the elevator and amusement device safety board.

Bill Summary: Inspection and registration of private elevators. The chief inspector shall conduct a final acceptance inspection on completion of the installation, modification or alteration of a private residence elevator before it is placed in service.

Virginia

SB1363 Registered apprentices; persons 16 years of age or older. 

Bill Summary: Youth apprentices.

Texas

Notice of Intent to Review Rules

The Texas Department of Licensing and Regulation (Department) is reviewing the Elevators, Escalators, and Related Equipment program rules located at Title 16, Texas Administrative Code, Chapter 74 for re-adoption, revision, or repeal. This rule review is required every four years. The Notice of Intent to Review was published in the Texas Register on September 2, 2022 (47 TexReg 5344), as part of a combined notice with several other rule chapters undergoing simultaneous review. 

The Department will determine whether the reasons for adopting or readopting these rules continue to exist by answering the following questions for each rule:

• Is it obsolete?
• Does it reflect current legal and policy considerations?
• Is it in alignment with the current procedures of the Department?

The Department encourages anyone interested in the Elevators, Escalators, and Related Equipment program under Chapter 74 to review the Notice of Intent to Review online and the current chapter rules posted on the Department’s website.

Comments may be submitted electronically on the Department’s website (select the appropriate chapter name for your comment).

For more information about each bill above and to take action, visit the Legislative Tools page on the NAEC website.