ELEVATOR REGULATION; VARIATIONS                                                  H.B. 4510 (H-1):

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

House Bill 4510 (Substitute H-1 as reported without amendment)

Sponsor:  Representative Diana Farrington

House Committee:  Government Operations

Senate Committee:  Regulatory Reform

CONTENT

The bill would amend Public Act 227 of 1967, which governs the alteration, construction, installation, maintenance, repair, and operation of elevators, to require the Director of the Department of Licensing and Regulatory Affairs (LARA) to grant any variations from the literal requirements of the Act that were necessary to authorize an alteration to an elevator safety measure if that safety measure was not required when the elevator was constructed.

The Director of LARA is required to enforce the Act and rules promulgated under the Act. If, because of a special circumstance, a literal enforcement of the rules will result in unnecessary hardship or involve practical difficulties, the Director may authorize variations or modifications to the rules that are not contrary to the public interest, observe the spirit of the rules, secure the public safety, and do substantial justice.

Under the bill, upon application in a specific case, the Director would have to grant any exceptions or variations from the literal requirements of the Act or rules promulgated under it that were necessary to authorize the making of an alteration to an elevator safety measure if that safety measure was not required when the elevator was constructed or at the time the application was made and if the Director believed reasonable safety would be secured by granting the exception or variation.

MCL 408.802 & 408.809                                           Legislative Analyst:  Drew Krogulecki

FISCAL IMPACT

The bill would not have a significant fiscal impact on State government and would have no fiscal impact on local government. The volume of applications submitted to the Department of Licensing and Regulatory Affairs likely would not result in a substantial increase in workload for the Department. Existing appropriations would be sufficient to fund the activities proposed by the bill.

Date Completed:  6-19-19                                        Fiscal Analyst:  Elizabeth Raczkowski

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.