Bill Text: NY S00155 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the certification of crane operators.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CONSUMER PROTECTION [S00155 Detail]
Download: New_York-2011-S00155-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
155
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to crane operators
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 482 of the general business law,
2 as amended by section 18 of part CC of chapter 57 of the laws of 2009,
3 is amended to read as follows:
4 1. No individual shall use lasers, operate a crane, act as a blaster
5 or as a pyrotechnician without holding a valid certificate of competence
6 issued by the commissioner of labor. PROVIDED THAT FOR CRANE OPERATORS,
7 SUCH CERTIFICATION OF COMPETENCE SHALL BE AWARDED PURSUANT TO A CERTIF-
8 ICATION PROCESS OF THE NATIONAL COMMISSION FOR THE CERTIFICATION OF
9 CRANE OPERATORS OR ANY OTHER ORGANIZATION FOUND BY THE COMMISSIONER TO
10 OFFER AN EQUIVALENT TESTING AND CERTIFICATION PROGRAM MEETING THE
11 REQUIREMENTS OF THE APPROPRIATE AMERICAN SOCIETY OF MECHANICAL ENGINEERS
12 ASME B30 STANDARD AND THE ACCREDITATION REQUIREMENTS OF THE NATIONAL
13 COMMISSION FOR CERTIFYING AGENCIES OR THE AMERICAN NATIONAL STANDARDS
14 INSTITUTE. SUCH CERTIFICATION SHALL BE VALID ONLY IN THE SPECIALTY OR
15 SPECIALTIES FOR WHICH SUCH OPERATOR IS CERTIFIED.
16 S 2. Subdivision 2 of section 483 of the general business law, as
17 amended by section 19 of part CC of chapter 57 of the laws of 2009, is
18 amended to read as follows:
19 2. Such regulations may provide for examinations, categories of
20 certificates, licenses, or registrations, age and experience require-
21 ments, payment of fees, and may also provide for such limitations and
22 exemptions as the commissioner finds necessary and proper. In the case
23 of blasters and pyrotechnicians, such regulations may require finger-
24 printing, and in the case of users of radioactive material, such regu-
25 lations may require the posting of a bond or other security, AND IN THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01426-01-1
S. 155 2
1 CASE OF CRANE OPERATORS, SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE
2 LIMITED TO, REQUIREMENTS THAT AN APPLICANT SHALL (A) HAVE RECEIVED
3 CERTIFICATION FROM THE NATIONAL COMMISSION FOR THE CERTIFICATION OF
4 CRANE OPERATORS OR ANY OTHER ORGANIZATION FOUND BY THE COMMISSIONER TO
5 OFFER AN EQUIVALENT TESTING AND CERTIFICATION PROGRAM MEETING THE
6 REQUIREMENTS OF THE APPROPRIATE AMERICAN SOCIETY OF MECHANICAL ENGINEERS
7 ASME B30 STANDARD AND THE ACCREDITATION REQUIREMENTS OF THE NATIONAL
8 COMMISSION FOR CERTIFYING AGENCIES, OR THE AMERICAN NATIONAL STANDARDS
9 INSTITUTE; (B) HAVE A PRACTICAL KNOWLEDGE OF CRANE MAINTENANCE AND (C)
10 MAINTAIN A CURRENT MEDICAL EXAMINER'S CERTIFICATION CARD. CERTIFICATION
11 OF COMPETENCE SHALL BE VALID FOR A PERIOD OF FIVE YEARS; AFTER SUCH TIME
12 SUCH CERTIFICATE SHALL BE RENEWED IF THE APPLICANT PROVIDES PROOF OF
13 RECERTIFICATION PURSUANT TO THE PROCESS ADOPTED PURSUANT TO THIS SUBDI-
14 VISION. ANY CERTIFICATE OF COMPETENCE ISSUED PURSUANT TO THIS ARTICLE
15 PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TEN SHALL REMAIN VALID
16 UNTIL THE EARLIER OF THE FOLLOWING: (I) DECEMBER THIRTY-FIRST, TWO THOU-
17 SAND THIRTEEN OR (II) THE EXPIRATION DATE OF THE CERTIFICATE OF COMPE-
18 TENCE.
19 S 3. Section 483 of the general business law is amended by adding a
20 new subdivision 5 to read as follows:
21 5. THE CRANE OPERATING EXAMINING BOARD CREATED PURSUANT TO THIS
22 SECTION SHALL CONSIST OF SEVEN MEMBERS, APPOINTED BY THE GOVERNOR, WHO
23 ARE RESIDENTS OF THE STATE, CONSISTING OF THE COMMISSIONER OF LABOR OR
24 HIS OR HER DESIGNEE, AS THE CHAIRPERSON; ONE PERSON REPRESENTING THE
25 HEAVY HIGHWAY UTILITY OR TRANSPORTATION CONTRACTING INDUSTRY WHOSE BUSI-
26 NESS ENTERPRISE OR EMPLOYER EMPLOYS CRANE OPERATORS; AND ONE PERSON
27 REPRESENTING THE BUILDING CONTRACTING INDUSTRY WHOSE BUSINESS ENTERPRISE
28 OR EMPLOYER EMPLOYS CRANE OPERATORS. AT LEAST THREE MEMBERS OF THE BOARD
29 SHALL BE LICENSED CRANE OPERATORS WHO HAVE BEEN ACTIVELY ENGAGED IN
30 CRANE RELATED OPERATIONS IN THIS STATE FOR AT LEAST FIVE YEARS IMME-
31 DIATELY PRECEDING THEIR APPOINTMENT. NO MORE THAN TWO OF SUCH MEMBERS
32 SHALL BE MEMBERS OF A UNION. THE GOVERNOR SHALL APPOINT EACH BOARD
33 MEMBER FOR A TERM OF THREE YEARS, EXCEPT THAT OF THE MEMBERS FIRST
34 APPOINTED, TWO SHALL SERVE FOR TERMS OF THREE YEARS, TWO SHALL SERVE FOR
35 TERMS OF TWO YEARS AND TWO SHALL SERVE TERMS OF ONE YEAR. EACH MEMBER
36 SHALL HOLD OFFICE UNTIL HIS OR HER SUCCESSOR HAS BEEN QUALIFIED. ANY
37 VACANCY IN THE MEMBERSHIP OF THE BOARD SHALL BE FILLED FOR THE UNEXPIRED
38 TERM IN THE MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. NO MEMBER OF
39 THE BOARD MAY SERVE MORE THAN TWO SUCCESSIVE TERMS, IN ADDITION TO ANY
40 UNEXPIRED TERM TO WHICH HE OR SHE HAS BEEN APPOINTED. THE TERMS OF THE
41 MEMBERS OF THE BOARD AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE
42 DEEMED EXPIRED AS OF DECEMBER THIRTY-FIRST, TWO THOUSAND TEN; PROVIDED,
43 HOWEVER, THAT SUCH MEMBERS MAY BE REAPPOINTED PURSUANT TO THIS SUBDIVI-
44 SION. THOSE MEMBERS WHICH ADMINISTER AND OVERSEE EXAMINATIONS PURSUANT
45 TO THIS SECTION SHALL NOT BE PERMITTED TO HEAR APPEALS OF THE DENIAL OF
46 CERTIFICATION.
47 S 4. Paragraph a of subdivision 1 of section 483 of the general busi-
48 ness law, as amended by section 19 of part CC of chapter 57 of the laws
49 of 2009, is amended to read as follows:
50 a. The commissioner of labor is hereby authorized and directed to
51 prescribe such rules and regulations as may be necessary and proper for
52 the administration and enforcement of this article with respect to
53 lasers, crane operators, blasters and pyrotechnicians. PROVIDED THAT IN
54 THE CASE OF CRANE OPERATORS, THE COMMISSIONER MAY REFUSE TO GRANT OR MAY
55 SUSPEND OR REVOKE A CRANE OPERATOR'S LICENSE UPON PROOF TO THE SATISFAC-
56 TION OF THE COMMISSIONER THAT THE HOLDER THEREOF HAS (A) OBTAINED A
S. 155 3
1 CERTIFICATION OR LICENSE BY FRAUD OR DECEIT; (B) FRAUDULENTLY OR DECEIT-
2 FULLY PERFORMED WORK FOR WHICH A LICENSE IS REQUIRED UNDER THIS ARTICLE;
3 (C) COMMITTED AN ACT OF GROSS NEGLIGENCE; (D) FALSELY ADVERTISED; (E)
4 ACTED IN A MANNER WHICH DEMONSTRATES INCOMPETENCE OR (F) CAUSED OR
5 CONTRIBUTED IN ANY MANNER THAT DIRECTLY OR INDIRECTLY RESULTED IN AN
6 INJURY TO A PERSON OR DAMAGE TO PROPERTY.
7 S 5. This act shall take effect immediately.
