(a) An access board is created consisting of ten members. The members of the board shall be the commissioner of public safety, or designee; the chair of the house committee on institutions, or designee; the chair of the senate committee on institutions, or designee; the commissioner of buildings and general services, or designee; the state historic preservation officer, or designee; and five members appointed by the governor, including an independent architect, a builder or contractor, and three individuals with disabilities representing organizations for persons with disabilities in this state, appointed by the governor. The governor shall also appoint one additional individual with a disability to act as an alternate for the three members with disabilities in the event one of those members is unable to attend a board meeting. The alternate may attend all meetings and shall be paid a per diem for those meetings attended. The alternate shall vote only in the absence of an appointed member with a disability. Members and the alternate appointed by the governor shall serve for a term of six years.

(b) The commissioner of public safety, or designee, shall be the chair of the access board and shall convene the board whenever an application is made for a variance. Five members of the board shall constitute a quorum. A decision of the board based upon a majority vote of members present shall be binding. Members of the board who are not state employees shall receive a per diem of $50.00 for each day devoted to official duties and reimbursement for actual and necessary expenses. These expenses shall be reimbursed from the appropriation to the department of public safety.

(c) The access board may adopt, amend, and repeal rules under chapter 25 of Title 3 to carry out the provisions of this chapter. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)