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HB568 ENROLLED
Page 0
HB568
2JZB6SI-3
By Representative Sells
RFD: State Government
First Read: 05-Mar-26
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HB568 Enrolled
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First Read: 05-Mar-26
Enrolled, An Act,
Relating to the Department of Workforce; to amend
Sections 25-5-316, 25-8-45, 25-8-59, 25-12-7, 25-12-18,
25-13-6, 25-13-12, and 25-13-15, Code of Alabama 1975, to
increase the fee for the child labor certificates; to provide
for the distribution of penalty fees collected for violating
child labor laws; to further provide for boiler and pressure
vessel exceptions; to further provide for the fee for pressure
vessel certificates of inspection and its distribution; to
further provide for the duties of the Elevator Safety Review
Board and elevator safety standards; to extend the renewal
period for certain licenses; and to prohibit certain persons
from altering conveyances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 25-5-316, 25-8-45, 25-8-59,
25-12-7, 25-12-18, 25-13-6, 25-13-12, and 25-13-15, Code of
Alabama 1975, are amended to read as follows:
"§25-5-316
(a) There is established in the State Treasury a fund
entitled the Workers' Compensation Administrative Trust Fund,
into which shall be deposited certain assessments collected by
the Department of Workforce, as provided for under Chapter 5
(commencing with Section 25-5-1) of Title 25 , shall be
deposited. collected by the Department of Labor. The fund
shall constitute a separate fund to be disbursed by the state
Comptroller on order of the Secretary of the Department of
LaborDepartment of Workforce . All expenses incurred by the
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LaborDepartment of Workforce . All expenses incurred by the
department under the Workers' Compensation Law, including the
salaries of all employees, travel cost costs , and any other
cost of administration and enforcement as may become
necessary, either within or without the state, shall be paid
from the separate fund in the State Treasury upon warrants of
the state Comptroller drawn upon the State Treasury from time
to time when vouchers therefor are approved by the secretary.
The State Treasurer shall pay moneys monies from the separate
fund upon the order of the secretary. The total expense for
every purpose incurred shall not exceed the total assessment
collected and paid into the fund. The total expense for every
purpose incurred in implementing this article shall not exceed
the amount appropriated by the Legislature in the general fund
appropriation act. No funds shall be withdrawn or expended
except those budgeted and allocated in accordance with Article
4 (commencing with Section 41-4-80) of Chapter 4 of Title 41.
All moneys monies remaining unexpended in the separate fund at
the end of the fiscal year shall remain in the State Treasury
to be expended as herein provided at the discretion of the
secretary to cover the operational costs of administering the
workers' compensation program which are not otherwise covered
by this subsection, provided that those unexpended monies
shall not be used in any manner that results in an additional
assessment, fee, surcharge, levy, or other charge against any
insurance carrier, self-insured employer, or group
self-insurance fund . Included in the budget shall be an amount
of money allocated for the specific and exclusive purpose of
paying only benefits to the claimants who have qualified to
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paying only benefits to the claimants who have qualified to
receive benefits from the Second Injury Trust Fund on May 19,
1992. Payments of these benefits shall be made weekly. The
secretary shall each week make requisitions to the state
Comptroller who shall draw warrants on the State Treasurer for
the weekly compensation amount. The warrants shall be drawn
only if there are sufficient moneys monies in the State
Treasury for immediate payment. Claims shall take priority in
an ascending numerical order according to the time of the
accident, and the time shown in the settlement between the
employer and employee shall be prima facie evidence of the
time of the accident. No funds allocated for the payment of
benefits from the fund shall be used to pay lump-sum
attorney's attorney fees. Payment shall resume at the end of
the first week of the fiscal year in which the Legislature
approves the requested budget for the Workers' Compensation
Administrative Trust Fund. The claimants who were receiving
weekly benefits from the Second Injury Trust Fund as of August
31, 1991, shall be paid all weekly benefits due to date and
the benefits shall be continued for the duration of claim.
Those amounts shall be paid from the moneys monies as
allocated.
(b) The State Treasurer shall determine if the money in
the trust fund shall be kept in cash or invested. The
moneys monies in the fund may be invested by the State
Treasurer and all moneys monies and interest remaining
unexpended in the separate fund provided at the end of the
fiscal year shall remain in the State Treasury to be expended
as herein provided.
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as herein provided.
(c) The secretary is designated as trustee of the fund
and the State Treasurer is designated as custodian of the
fund, and both shall furnish bonds in amounts deemed
appropriate. The cost of bonds for the trustee, custodian, and
other employees or officials required to post bond in
connection with the program shall be paid out of the fund.
(d) Each insurance carrier, self-insured employer, and
group fund shall be assessed $250.00 two hundred fifty dollars
($250) . The gross claims for compensation and medical payments
paid by the carriers, self-insured employers, and group funds
are the basis for computing the amount to be assessed. The
amount of assessment shall be based upon the proportion that
the total gross claims for compensation and medical payments
paid by the carrier, self-insured employer, or group fund
during the preceding calendar year bore to the total gross
claims for compensation and medical payments paid by all
carriers, self-insured employers, and group funds during that
period. The total assessment shall not exceed $5,000,000.00
five million dollars ($5,000,000) per year. The secretary
shall determine if the assessment shall be a specific amount
or shall be a percentage of gross claims for compensation and
medical payments paid by the insurance carriers, self-insured
employers, and group funds. An assessment shall not exceed an
amount reasonably necessary to defray the necessary
administration expense.
(e) The department shall provide by regulation for the
collection of the amounts assessed against each insurance
carrier, self-insured employer, and group fund. The amounts
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carrier, self-insured employer, and group fund. The amounts
shall be paid within 30 days from the date that the notice is
served upon the insurance carrier, self-insured employer, and
group fund. If the amounts are not paid within that period,
there may be assessed, for each 30 days that the amount so
assessed remains unpaid, a civil penalty equal to 10 percent
of the amount unpaid. The amount of the civil penalty shall be
collected at the same time the amount assessed is collected.
(f) If an insurance carrier, self-insured employer, or
group fund fails to pay the amounts assessed against it within
60 days from the time the notice is served, the department may
suspend or revoke the authorization to the self-insurer and
may request that the Department of Insurance revoke the
authority of the insurance company to insure workers'
compensation.
(g) The department may require from each insurance
carrier, self-insured employer, and group fund reports with
respect to all payments of compensation and medical payments
by the insurance carriers, self-insured employers, or group
funds during each calendar year, and may determine the amounts
paid by each insurance carrier, self-insured employer, and
group fund and may determine the amounts paid by all insurance
carriers, self-insured employers, and group funds during the
period.
(h) On or before the first day of March 1 of each year,
every insurance carrier, self-insured employer, and group fund
shall file with the department a statement on the prescribed
forms showing the gross claims for compensation and medical
payments paid by the insurance carrier, self-insured employer,
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payments paid by the insurance carrier, self-insured employer,
or group fund during the preceding one-year period ending on
the 31st day of December 31. Any insurance carrier,
self-insured employer, or group fund which that neglects to
file its annual written statement within the time provided in
this manner shall pay to the Workers' Compensation
Administrative Trust Fund a penalty for each day's neglect in
an amount prescribed by rule of the secretary.
(i) All money collected under this section shall be
deposited in the Workers' Compensation Administrative Trust
Fund."
"§25-8-45
(a) No individual, entity, franchise, corporation, or
division of a corporation shall employ, permit, or suffer
allow to work any minor 14 or 15 years of age in any
occupation, except in agricultural service, unless the
individual, entity, franchise, corporation, or division of a
corporation procures and keeps on file, for the inspection by
the officials charged with the enforcement of this chapter, a
complete list of those individuals 14 or 15 years of age
employed by the employer.
(b) Any individual, entity, franchise, corporation, or
division of a corporation that wishes to employ, permit, or
suffer allow to work any minor 14 or 15 years of age in any
occupation, except in agricultural service, shall obtain a
Class I Child Labor Certificate from the department for each
location where an individual, entity, franchise, corporation,
or division of a corporation wishes to employ a minor 14 or 15
years of age. The employment shall be in accordance with this
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years of age. The employment shall be in accordance with this
chapter.
(c) The certificate shall allow the employment of
minors 14 or 15 years of age to work only outside of school
hours or during vacation periods and only in occupations not
prohibited by this chapter for individuals of these ages.
(d) The employment of a minor 14 or 15 years of age
shall be revoked or suspended by the department if the minor's
regular school attendance and performance record is not
satisfactory to the head administrator, or, if home schooled,
an instructor of the school that the minor attends. The
revocation or suspension shall be processed by the department
upon notification by the school.
(e) Any individual, entity, franchise, corporation, or
division of a corporation that wishes to employ, permit, or
suffer allow to work any minor 16 or 17 years of age in any
occupation, except in agricultural service, shall obtain a
Class II Child Labor Certificate from the department for each
location where an individual, entity, franchise, corporation,
or division of a corporation wishes to employ a minor 16 or 17
years of age. The employment shall be in accordance with this
chapter.
(f) The department shall issue Class I and Class II
Child Labor Certificates to any individual, entity, franchise,
corporation, or division of a corporation that applies to the
department. The fee for a Class I or Class II Child Labor
Certificate shall be fifteen dollars ($15). The certificates
shall be issued annually.
(g)(1) The application for the child labor certificate
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(g)(1) The application for the child labor certificate
shall contain all of the following information specific to the
location of the minor's employment:
a. The name, address, and telephone number of the
individual, entity, franchise, corporation, or division of a
corporation that wishes to employ, permit, or suffer allow to
work any minor.
b. The type of business or entity, the federal employer
identification number, the names of all incorporators, owners,
members, or partners of the business or entity.
c. Any other information as required by department
rule.
(2) The Class I and Class II Child Labor Certificates
shall contain all of the following information:
a. The name of the employer.
b. The type of business the employer maintains.
c. Any other information as required by department
rule.
(3) If an individual, entity, franchise, corporation,
or division of a corporation employs a minor between 14 and 17
years of age without a proper child labor certificate, the
individual, entity, franchise, corporation, or division of a
corporation shall pay a penalty of fifty dollars ($50) per
minor and then shall obtain a certificate in the proper
manner.
(4) The parent or guardian of a minor who is 14 or 15
years of age and employed by an individual, entity, franchise,
corporation, or division of a corporation shall notify the
minor's head administrator, counselor, or , if home schooled,
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minor's head administrator, counselor, or , if home schooled,
an instructor of the school which that the minor attends , of
the name, address, and telephone number of the
person individual , entity, franchise, corporation, or division
of a corporation employing the minor."
"§25-8-59
(a) Any employer who violates this chapter, or who
fails or refuses to obey within a reasonable time any lawful
order or direction given by the state officials charged with
the enforcement of this chapter, and any parent, guardian, or
custodian who suffers allows or permits an individual under
his or her care or control who is under 19 years of age to
work in violation of this chapter, shall be subject to civil
penalties in addition to other penalties provided in this
chapter.
(b) The department may impose a civil penalty of not
less than three hundred dollars ($300) upon a determination
that an employer has violated a statutory provision of Section
25-8-35(a)(17), 25-8-36, 25-8-37, 25-8-38, 25-8-39, 25-8-40,
25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57,
25-8-60, or 25-8-61.
(c) The department shall impose a civil penalty of five
thousand dollars ($5,000) to ten thousand dollars ($10,000)
upon a determination that an employer has violated a statutory
provision of Section 25-8-33, 25-8-35(a)(1) through
25-8-35(a)(16), 25-8-43(a), or 25-8-44(d).
(d) In determining the number of violations committed
by an employer, the department may assess a separate civil
penalty for each individual employee affected by the
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penalty for each individual employee affected by the
employer's violation.
(e) In addition, the department may assess more than
one civil penalty against an employer with respect to the same
adversely affected employee if the employer has violated more
than one statutory provision of this chapter.
(f) The employer shall be notified of a civil penalty
assessment by the Notice of Violation and Opportunity to Show
Cause which shall be sent to the employer.
(g) The Notice of Violation and Opportunity to Show
Cause shall provide all of the following:
(1) The total civil penalty assessed.
(2) The right of the employer to request in writing a
hearing to show cause why the civil penalty should not be
assessed.
(3) An advisement that no hearing shall be granted
unless a written request for a hearing is received by the
department within 30 days from the date of issue of the
notice.
(4) The right of the employer to waive the right to
request a hearing and to respond in writing to the notice
within 30 days of the issue date of the notice.
(h) Any employer who seeks to contest a civil penalty
assessment shall file, within 30 days from the date the Notice
of Violation and Opportunity to Show Cause was issued, a
written request for an opportunity to be heard which shall
clearly state the reasons for the request, including facts to
demonstrate that no violation has occurred.
(i) If the secretary or his or her designee determines
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(i) If the secretary or his or her designee determines
that the employer has stated adequate facts or legal grounds
to warrant a hearing, the secretary or his or her designee
shall provide written notice of the hearing to show cause why
a civil penalty should not be assessed and shall mail written
notice to the employer of the date, time, and place of the
hearing. The determination shall be within the discretion of
the secretary or his or her designee. The notice shall inform
the employer of the employer's rights in the hearing including
the following:
(1) The right to be represented by any
person individual , including an attorney.
(2) The right to present documentary evidence and a
written argument in support of the employer's position.
(j) A request for postponement of a scheduled hearing
shall only be granted where the rights of an employer would be
substantially prejudiced by the denial of the request or in a
medical emergency. Only the secretary or his or her designee
has discretion to grant such requests.
(k) Following a hearing or after the employer has
waived the right to request a hearing, the secretary or his or
her designee may uphold or modify the civil penalty
assessment. This determination shall be within the sole
discretion of the secretary or his or her designee.
(l) If the employer requests a hearing but the
secretary or his or her designee denies the request for a
hearing, the total civil penalty assessed in the notice shall
be the final civil penalty.
(m) If the employer does not request a hearing or
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(m) If the employer does not request a hearing or
respond in writing to the notice, the total civil penalty
assessed in the notice shall be the final civil penalty unless
otherwise modified by the secretary or his or her designee.
(n) The department may file an action for the
collection of civil penalties imposed pursuant to this section
against an employer in the county where the violation
occurred.
(o) All monies received from the assessment of any
penalty pursuant to this section shall accrue to the State
General Fund.
(p)(o) In addition to the civil penalties provided for
in subsection (b), an employer who violates this chapter may
be deemed guilty of a Class B or Class C misdemeanor. A first
conviction shall be deemed a Class C misdemeanor. A second or
subsequent conviction shall be deemed a Class B misdemeanor.
(q)(p) In addition to civil penalties provided for in
subsection (c), an employer who is found in violation of
subsection (c) involving serious physical injury to or death
of a minor may be deemed guilty of a Class B felony or Class C
felony. A first conviction shall be deemed a Class C felony. A
second or subsequent conviction shall be deemed a Class B
felony."
"§25-12-7
(a) This chapter shall not apply to the following
boilers and pressure vessels:
(1) Boilers and pressure vessels under federal control
or under regulations of Title 49 of the Code of Federal
Regulations, Parts 192 and 193.
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Regulations, Parts 192 and 193.
(2) Pressure vessels used for transportation and
storage of compressed or liquefied gases when constructed in
compliance with specifications of the United States Department
of Transportation and when charged with gas or liquid, marked,
maintained, and periodically requalified for use, as required
by appropriate regulations of the United States Department of
Transportation.
(3) Pressure vessels located on vehicles operating
under the rules of other state or federal authorities and used
for carrying passengers or freight.
(4) Air tanks installed on the right of way
right-of-way of railroads and used directly in the operation
of trains.
(5) Pressure vessels that do not exceed any of the
following weights and measures:
a. Five cubic feet in volume and 250 psig pressure.
b. One and one-half cubic feet in volume and 600 psig
pressure.
c. An inside diameter of six inches with no limitation
on pressure.
(6) Pressure vessels having an internal or external
working pressure not exceeding 15 psig with no limit on size.
(7) Pressure vessels with a nominal water containing
water-containing capacity of 120 gallons or less for
containing water under pressure, including those containing
air, the compression of which serves only as a cushion.
(8) Pressure vessels containing water heated by steam
or any other indirect means when none of the following
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or any other indirect means when none of the following
limitations are exceeded:
a. A heat input of 200,000 BTU per hour.
b. A water temperature of 210 degrees Fahrenheit.
c. A nominal water containing water-containing capacity
of 120 gallons.
(9) Hot water supply boilers, equipped with
ASME-National Board approved Board-approved safety relief
valves, which are directly fired with oil, gas, or electricity
when none of the following limitations are exceeded:
a. Heat input of 200,000 BTU per hour.
b. Water temperature of 210 degrees Fahrenheit.
c. Nominal water containing water-containing capacity
of 120 gallons.
(10) Pressure vessels in the care, custody, and control
of research facilities and used solely for research purposes
which require one or more details of noncode construction or
which involve destruction or reduced life expectancy of those
vessels.
(11) Pressure vessels or other structures or components
that are not considered to be within the scope of ASME Code,
Section VIII.
(12) Boilers and pressure vessels operated and
maintained for the production and generation of electricity. A
person, firm, partnership, or corporation operating such a
boiler or pressure vessel shall have insurance or shall be
self-insured. The boiler or pressure vessel shall be regularly
inspected in accordance with the minimum requirements for
safety as defined in the ASME Code by an inspector who has
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safety as defined in the ASME Code by an inspector who has
been issued a certificate of competency by the secretary in
accordance with Section 25-12-10.
(13) Boilers and pressure vessels operated and
maintained as a part of a manufacturing process. A person,
firm, partnership, or corporation operating such a boiler or
pressure vessel shall have insurance or shall be self-insured.
(14)(13) Boiler or pressure vessels that are subject to
OSHA standards of compliance.
(15)(14) Boilers and pressure vessels operated and
maintained by a public utility, including, but not limited to,
boilers and pressure vessels operated and maintained for the
production of electricity.
(16)(15) Autoclaves used only for the sterilization of
reusable medical or dental implements in the place of business
of any professional licensed by the laws of this state.
(b) The following boilers and pressure vessels shall be
exempt from the requirements of subsections (b), (c), and (d)
of Section 25-12-14 and Sections 25-12-15 and 25-12-16:
(1) Boilers or pressure vessels located on farms and
used solely for agricultural or horticultural purposes.
(2) Heating boilers or pressure vessels which that are
located in private residences or in apartment houses of less
than six family units.
(3) Any pressure vessel used as an external part of an
electrical circuit breaker or transformer.
(4) Pressure vessels on remote oil or gas-producing
lease locations that have fewer than 10 buildings intended for
human occupancy per 0.25 square mile and where the closest
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human occupancy per 0.25 square mile and where the closest
building is at least 220 yards from any vessel.
(5) Pressure vessels used for storage of liquid propane
gas under the jurisdiction of the State Fire Marshal, except
for pressure vessels used for the storage of liquefied
petroleum gas, 2,000 gallons or above, which have been
modified or altered.
(6) Air storage tanks not exceeding 16 cubic feet, 120
gallons , in size , and under 250 psig pressure.
(7) This chapter exempts and shall not regulate any and
all pressure vessels associated in any way with oil, natural
gas, and related by-products, feedstock, and product
manufacturing operations ;, including exploration, production,
gas processing, treating refining chemical, pipeline, supply,
storage, and transportation. This subdivision shall not apply
to buildings or businesses, or both, subject to public
utilization."
"§25-12-18
The owner or user of a boiler or pressure vessel
required by this chapter to be inspected by the chief
inspector or his or her deputy inspector shall pay directly to
the chief inspector, upon completion of inspection, fees as
prescribed in rules and regulations promulgated adopted by the
secretary. Pressure vessel certificates of inspection fees
shall not exceed ten dollars ($10) annually. The chief
inspector shall transfer all fees received to a separate fund
in the State Treasury to the credit of the department for its
operation. All funds, pursuant to this chapter, deposited in
the State Treasury shall be appropriated by the Legislature to
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the State Treasury shall be appropriated by the Legislature to
the Secretary of Labor Workforce pursuant to the Budget
Management Act and Article 4 of Chapter 4 of Title 41. All
fees collected above the appropriated amount shall be
transferred to the General Fund at the end of each fiscal
year."
"§25-13-6
(a) The board may consult with engineering authorities
and organizations concerned with standard safety codes and
rules governing the operation, maintenance, servicing,
construction, alteration, installation, and inspection of
elevators, dumbwaiters, escalators, and the qualifications
which that 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 adopt rules for the equipment
regulated by this chapter. The rules shall include the Safety
Code for Elevators and Escalators, American Society of
Mechanical Engineers (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, American Society
of Civil Engineers (ASCE) 21. After the date of publishing of
the latest editions of the standards by the ASME, which is
their effective date, the board shall review these editions
within 12 months and determine whether to adopt the editions
in part or in whole. The board shall review the latest
editions of the standards within 12 months of the effective
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editions of the standards within 12 months of the effective
date and determine whether the board will adopt the latest
editions in part, in whole, or not at all. Adoption of the
latest editions shall be effective no less than six months
from the board's review date. Any modifications to the
standards that the administrator deems necessary shall be
justified in writing by the board. After adoption by the
board, the latest editions of the standards by the ASME shall
be effective on a date determined by the board but in no event
more than six months after the board's review date.
(c) The board may grant exceptions and variances from
the literal requirements of applicable code and standards,
rules, or local legislation, or any combination of these, in
cases where the 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 Department of
Workforce . Any funds appropriated for the operation of the
board that are not needed for current operations as determined
by the administrator 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
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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 may transfer unused
funds in the Elevator Safety Review Board Operational Fund to
the State General Fund. The Elevator Safety Review Board shall
do all of the following:
(1) Require new elevator installations to comply with
the most recent elevator safety codes and standards in effect
when the building construction permit was issued or at the
time of the final approval by the Division of Construction
Management.
(2) Require elevator modifications or alterations to
comply with the most recent elevator safety codes and
standards that are in effect at the time the elevator permit
is issued. "
"§25-13-12
(a) Upon approval of an application, the administrator
may issue a license which that shall be renewable biennially
annually . The fee for such the license and for any renewal
thereafter shall be set by the board.
(b) Whenever an emergency exists in the state due to
disaster, act of God, or work stoppage and the number of
persons in the state holding licenses granted by the
administrator is insufficient to cope with the emergency, the
licensed elevator contractors shall respond as necessary to
assure the safety of the public. Any person certified by a
licensed elevator contractor to have an acceptable combination
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licensed elevator contractor to have an acceptable combination
of documented experience and education to perform elevator
work without direct and immediate supervision shall seek an
emergency elevator mechanic license from the administrator
within five business days after commencing work requiring a
license. The administrator shall issue emergency elevator
mechanic licenses. The licensed elevator contractor shall
furnish proof of competency as the administrator may require.
Each such license shall recite that it is valid for a period
of 30 90 days from the date of issuance for particular
elevators or geographical areas as the administrator may
designate and shall entitle the licensee to the rights and
privileges of an elevator mechanic license issued in this
chapter. The administrator shall renew an emergency elevator
mechanic license during the existence of an emergency. No fee
shall be charged for any emergency elevator mechanic license
or renewal thereof .
(c) A licensed elevator contractor shall notify the
administrator when there are no licensed personnel available
to perform elevator work. The licensed elevator contractor may
request that the administrator issue temporary elevator
mechanic licenses to persons certified by the licensed
elevator contractor to have an acceptable combination of
documented experience and education to perform elevator work
without direct and immediate supervision. Any person certified
by the licensed elevator contractor to have an acceptable
combination of documented experience and education to perform
elevator work without direct and immediate supervision shall
immediately seek a temporary elevator mechanic license from
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immediately seek a temporary elevator mechanic license from
the administrator and shall pay such the fee as the board
shall determine determines . Each such license shall recite that
it is valid for 30 180 days from the date of issuance and
while the person is employed by the licensed elevator
contractor who certified the individual person as qualified.
The license shall be renewable as long as the shortage of
license holders shall continue.
(d)(1) The renewal of all licenses granted under this
section shall be conditioned upon the submission of a
certificate of completion of a course designed to ensure the
continuing education of licensees on new and existing
provisions of the regulations of the board. The course shall
consist of not less than eight hours of instruction and shall
be attended and completed within one year immediately
preceding any such license renewal.
(2) The course shall be taught by instructors through
continuing education providers and may include, but not be
limited to, association seminars and labor training programs.
The board shall approve the continuing education providers.
All instructors shall be approved by the board and exempt from
the requirements of the preceding paragraph with regard to
application for license renewal , provided that the applicant
was qualified as an instructor at any time during the year
immediately preceding the scheduled date for such renewal.
(3) A licensee who is unable to complete the continuing
education course required under this section prior to the
expiration of his or her license due to a temporary disability
may apply for a waiver from the board. This shall be on a form
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may apply for a waiver from the board. This shall be on a form
provided by the board which shall be signed under the
penalties of perjury and accompanied by a certified statement
from a competent physician attesting to the temporary
disability. Upon the termination of the temporary disability,
the licensee shall submit to the board a certified statement
from the same physician, if practicable, attesting to the
termination of the temporary disability. At that time a waiver
sticker, valid for 90 days, shall be issued to the licensee
and affixed to his or her license.
(4) Approved training providers shall keep uniform
records, for a period of 10 years, of attendance of licensees
following a format approved by the board, and the records
shall be available for inspection by the board. Approved
training providers shall be responsible for the security of
all attendance records and certificates of completion ;,
provided , however, that falsifying or knowingly allowing
another to falsify such attendance records or certificates of
completion shall constitute grounds for suspension or
revocation of the approval required under this section."
"§25-13-15
(a) It shall be the responsibility of individuals,
firms, or corporations licensed by this chapter to ensure that
installation and/or service and maintenance of elevators and
devices described in Section 25-13-1 are performed in
compliance with the provisions contained in the state fire
prevention and building codes and with generally accepted
standards referenced in the code.
(b)(1) No company or individual licensed by this
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(b)(1) No company or individual licensed by this
chapter shall make alterations to any conveyance, including
software updates, parameter adjustments, programming changes,
etc. unless the individual is physically on property to
witness and verify that any and all changes result in code
compliance and a safe mode of operation.
(2) At no time shall any action in subdivision (1) be
performed off-site or from a remote location. Remote
interaction is not allowed on any conveyance in the State of
Alabama. "
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 31-Mar-26.
John Treadwell
Clerk
Senate 08-Apr-26 Passed
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