Tennessee § 68-121-102 - Creation of elevator and amusement device safety board — Members — Terms — Expenses — Reporting of technical issues.

§ 68-121-102. Creation of elevator and amusement device safety board — Members — Terms — Expenses — Reporting of technical issues.

There is created the elevator and amusement device safety board, consisting of eight (8) members appointed by the governor. The focus of five (5) members of the board shall be for elevator safety, the focus of two (2) members shall be amusement device safety, and the focus of one (1) member shall be on amusement device safety, representing the interests of the traveling amusement device business, inflatables, challenge courses, or the commercial sale or rental of amusement devices. The initial appointments for two (2) of the members whose focus is amusement device safety shall be as follows: one (1) member shall be appointed for a term of three (3) years and one (1) member shall be appointed for a term of four (4) years. The term of the member representing the interests of the traveling amusement device business, inflatables, challenge courses, or the commercial sale or rental of amusement devices shall be for a term of four (4) years. At the expiration of the respective terms of each member of the board, a successor, identifiable with the same focus as provided in this section, shall be appointed for a term of four (4) years. The term or appointment of any person who is a member of the elevator and amusement device safety board shall continue until the person's term expires and successors are appointed. Upon the death, resignation or incapacity of any member, the governor shall fill the vacancy for the remainder of the unexpired term, with a representative of the same focus as that of the member's predecessor. Of the five (5) appointed members whose focus is elevator safety, one (1) shall be a representative of the owners and lessees of elevators within this state; one (1) shall be a representative of the manufacturers of elevators used within this state; one (1) shall be a representative of an insurance company authorized to insure the operation of elevators in this state; and two (2) shall be representatives of the public at large. The appointed member whose focus is traveling amusement device safety shall represent the interests of the traveling amusement device business. Of the two (2) appointed members whose focus is amusement device safety: one (1) member shall represent the interest of the Tennessee Fair Association; and one (1) member shall represent the interests of the fixed amusement device business and be NAARSO or AIMS certified. All members of the board shall be residents of this state. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. Five (5) members of the board shall constitute a quorum. The members of the board shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties in accordance with subsection (d). All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. All technical issues concerning elevators, dumbwaiters, escalators, aerial passenger tramways, and amusement devices shall be heard by the elevator and amusement device safety board, which shall report findings and recommendations to the commissioner or commissioner's designee for final disposition. Acts 1951, ch. 235, § 2 (Williams, § 5379.10); Acts 1976, ch. 806, § 1(36); T.C.A. (orig. ed.), § 53-2602; Acts 1984, ch. 900, §§ 3, 4; 1988, ch. 1013, § 64; T.C.A., § 68-19-102 ; Acts 2008, ch. 723, § 4; 2009, ch. 580, §§ 4, 5; 2016, ch. 815, § 2; 2017, ch. 393, § 3. Compiler's Notes. The elevator and amusement device safety board, created by this section, terminates June 30, 2023. See §§ 4-29-112 , 4-29-244 . Former title 68, ch. 19, §§ 68-19-101 — 68-19-115 , was transferred to title 68, ch. 121, §§ 68-121-101 — 68-121-115 , respectively, in 1992. Amendments. The 2016 amendment rewrote (e), which read: “(e)(1) There is established a subcommittee whose focus shall be related to issues concerning elevator safety. The members of the subcommittee shall be the five (5) members of the board whose focus is elevator safety. The subcommittee shall act as an advisory committee to the board concerning elevator safety and report all findings and recommendations to the board concerning all issues related to elevators, dumbwaiters, escalators and aerial passenger tramways; provided, that all final decisions concerning such actions shall be decided by the board.“(2) All issues concerning elevators, dumbwaiters, escalators and aerial passenger tramways, and amusement devices shall be heard by the commissioner or the commissioner's designee who shall, pursuant to subdivision (e)(1), report findings and recommendations to the board for final disposition and action by the board concerning the findings and recommendations.” The 2017 amendment rewrote (a)(1), which read: “ There is created the elevator and amusement device safety board, consisting of eight (8) members appointed by the governor. The focus of five (5) members of the board shall be for elevator safety, the focus of two (2) members shall be amusement device safety, and the focus of one (1) member shall be traveling amusement device safety. The initial appointments for two (2) of the members whose focus is amusement device safety shall be as follows: one (1) member shall be appointed for a term of three (3) years and one (1) member shall be appointed for a term of four (4) years. The term of the traveling amusement device safety member shall be for a term of four (4) years. At the expiration of the respective terms of each member of the board, a successor, identifiable with the same focus as provided in this section, shall be appointed for a term of four (4) years. The term or appointment of any person who is a member of the elevator safety board on January 1, 2009, shall continue until the person's term expires and successors are appointed.” Effective Dates. Acts 2016, ch. 815, § 6. July 1, 2016. Acts 2017, ch. 393, § 8. May 18, 2017.