Senate Bill S5064

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5064

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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:

  Section  1.  Subdivision 1 of section 482 of the general business law,
as amended by section 2 of part B of chapter 58 of the laws of 2006,  is
amended to read as follows:
  1. No individual shall use lasers, operate a crane or act as a blaster
without  holding a valid certificate of competence issued by the commis-
sioner of labor.  PROVIDED THAT FOR CRANE OPERATORS, SUCH  CERTIFICATION
OF  COMPETENCE  SHALL  BE AWARDED PURSUANT TO A CERTIFICATION PROCESS OF
THE NATIONAL COMMISSION FOR THE CERTIFICATION OF CRANE OPERATORS OR  ANY
OTHER  ORGANIZATION  FOUND  BY  THE  COMMISSIONER TO OFFER AN EQUIVALENT
TESTING AND CERTIFICATION PROGRAM MEETING THE REQUIREMENTS OF THE APPRO-
PRIATE AMERICAN SOCIETY OF MECHANICAL ENGINEERS ASME  B30  STANDARD  AND
THE ACCREDITATION REQUIREMENTS OF THE NATIONAL COMMISSION FOR CERTIFYING
AGENCIES  OR  THE  AMERICAN  NATIONAL  STANDARDS INSTITUTE. SUCH CERTIF-
ICATION SHALL BE VALID ONLY IN THE SPECIALTY OR  SPECIALTIES  FOR  WHICH
SUCH OPERATOR IS CERTIFIED.
  S  2.    Subdivision  1 of section 482 of the general business law, as
amended by section 18 of part CC of chapter 57 of the laws of  2009,  is
amended to read as follows:
  1.  No  individual shall use lasers, operate a crane, act as a blaster
or as a pyrotechnician without holding a valid certificate of competence
issued by the commissioner of labor.  PROVIDED THAT FOR CRANE OPERATORS,
SUCH CERTIFICATION OF COMPETENCE SHALL BE AWARDED PURSUANT TO A  CERTIF-
ICATION  PROCESS  OF  THE  NATIONAL  COMMISSION FOR THE CERTIFICATION OF
CRANE OPERATORS OR ANY OTHER ORGANIZATION FOUND BY THE  COMMISSIONER  TO
OFFER  AN  EQUIVALENT  TESTING  AND  CERTIFICATION  PROGRAM  MEETING THE
REQUIREMENTS OF THE APPROPRIATE AMERICAN SOCIETY OF MECHANICAL ENGINEERS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11649-01-9
              

S. 5064                             2

ASME B30 STANDARD AND THE ACCREDITATION  REQUIREMENTS  OF  THE  NATIONAL
COMMISSION  FOR  CERTIFYING  AGENCIES OR THE AMERICAN NATIONAL STANDARDS
INSTITUTE. SUCH CERTIFICATION SHALL BE VALID ONLY IN  THE  SPECIALTY  OR
SPECIALTIES FOR WHICH SUCH OPERATOR IS CERTIFIED.
  S  3.    Subdivision  2 of section 483 of the general business law, as
amended by section 19 of part CC of chapter 57 of the laws of  2009,  is
amended to read as follows:
  2.  Such  regulations  may  provide  for  examinations,  categories of
certificates, licenses, or registrations, age  and  experience  require-
ments,  payment  of  fees, and may also provide for such limitations and
exemptions as the commissioner finds necessary and proper. In  the  case
of  blasters  and  pyrotechnicians, such regulations may require finger-
printing, and in the case of users of radioactive material,  such  regu-
lations  may require the posting of a bond or other security, AND IN THE
CASE OF CRANE OPERATORS, SUCH REGULATIONS  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO,  REQUIREMENTS  THAT  AN  APPLICANT  SHALL (A) HAVE RECEIVED
CERTIFICATION FROM THE NATIONAL  COMMISSION  FOR  THE  CERTIFICATION  OF
CRANE  OPERATORS  OR ANY OTHER ORGANIZATION FOUND BY THE COMMISSIONER TO
OFFER AN  EQUIVALENT  TESTING  AND  CERTIFICATION  PROGRAM  MEETING  THE
REQUIREMENTS OF THE APPROPRIATE AMERICAN SOCIETY OF MECHANICAL ENGINEERS
ASME  B30  STANDARD  AND  THE ACCREDITATION REQUIREMENTS OF THE NATIONAL
COMMISSION FOR CERTIFYING AGENCIES, OR THE AMERICAN  NATIONAL  STANDARDS
INSTITUTE;  (B)  HAVE A PRACTICAL KNOWLEDGE OF CRANE MAINTENANCE AND (C)
MAINTAIN A CURRENT MEDICAL EXAMINER'S CERTIFICATION CARD.  CERTIFICATION
OF COMPETENCE SHALL BE VALID FOR A PERIOD OF FIVE YEARS; AFTER SUCH TIME
SUCH  CERTIFICATE  SHALL  BE  RENEWED IF THE APPLICANT PROVIDES PROOF OF
RECERTIFICATION PURSUANT TO THE PROCESS ADOPTED PURSUANT TO THIS  SUBDI-
VISION.  ANY  CERTIFICATE  OF COMPETENCE ISSUED PURSUANT TO THIS ARTICLE
PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHT  SHALL  REMAIN  VALID
UNTIL THE EARLIER OF THE FOLLOWING: (I) DECEMBER THIRTY-FIRST, TWO THOU-
SAND   ELEVEN  OR  (II)  THE  EXPIRATION  DATE  OF  THE  CERTIFICATE  OF
COMPETENCE.
  S 4.  Section 483 of the general business law is amended by  adding  a
new subdivision 5 to read as follows:
  5.  THE  CRANE  OPERATING  EXAMINING  BOARD  CREATED  PURSUANT TO THIS
SECTION SHALL CONSIST OF SEVEN MEMBERS, APPOINTED BY THE  GOVERNOR,  WHO
ARE  RESIDENTS  OF THE STATE, CONSISTING OF THE COMMISSIONER OF LABOR OR
HIS OR HER DESIGNEE, AS THE CHAIRPERSON;  ONE  PERSON  REPRESENTING  THE
HEAVY HIGHWAY UTILITY OR TRANSPORTATION CONTRACTING INDUSTRY WHOSE BUSI-
NESS  ENTERPRISE  OR  EMPLOYER  EMPLOYS  CRANE OPERATORS; AND ONE PERSON
REPRESENTING THE BUILDING CONTRACTING INDUSTRY WHOSE BUSINESS ENTERPRISE
OR EMPLOYER EMPLOYS CRANE OPERATORS. AT LEAST THREE MEMBERS OF THE BOARD
SHALL BE LICENSED CRANE OPERATORS WHO  HAVE  BEEN  ACTIVELY  ENGAGED  IN
CRANE  RELATED  OPERATIONS  IN  THIS STATE FOR AT LEAST FIVE YEARS IMME-
DIATELY PRECEDING THEIR APPOINTMENT. NO MORE THAN TWO  OF  SUCH  MEMBERS
SHALL  BE  MEMBERS  OF  A  UNION.  THE GOVERNOR SHALL APPOINT EACH BOARD
MEMBER FOR A TERM OF THREE YEARS,  EXCEPT  THAT  OF  THE  MEMBERS  FIRST
APPOINTED, TWO SHALL SERVE FOR TERMS OF THREE YEARS, TWO SHALL SERVE FOR
TERMS  OF  TWO  YEARS AND TWO SHALL SERVE TERMS OF ONE YEAR. EACH MEMBER
SHALL HOLD OFFICE UNTIL HIS OR HER SUCCESSOR  HAS  BEEN  QUALIFIED.  ANY
VACANCY IN THE MEMBERSHIP OF THE BOARD SHALL BE FILLED FOR THE UNEXPIRED
TERM  IN  THE MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT. NO MEMBER OF
THE BOARD MAY SERVE MORE THAN TWO SUCCESSIVE TERMS, IN ADDITION  TO  ANY
UNEXPIRED  TERM  TO WHICH HE OR SHE HAS BEEN APPOINTED. THE TERMS OF THE
MEMBERS OF THE BOARD AS OF THE EFFECTIVE DATE OF THIS SECTION  SHALL  BE
DEEMED   EXPIRED  AS  OF  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  EIGHT;

S. 5064                             3

PROVIDED, HOWEVER, THAT SUCH MEMBERS MAY BE REAPPOINTED PURSUANT TO THIS
SUBDIVISION. THOSE MEMBERS WHICH  ADMINISTER  AND  OVERSEE  EXAMINATIONS
PURSUANT  TO  THIS SECTION SHALL NOT BE PERMITTED TO HEAR APPEALS OF THE
DENIAL OF CERTIFICATION.
  S 5.  Paragraph a of subdivision 1 of section 483 of the general busi-
ness  law, as amended by section 19 of part CC of chapter 57 of the laws
of 2009, is amended to read as follows:
  a. The commissioner of labor is  hereby  authorized  and  directed  to
prescribe  such rules and regulations as may be necessary and proper for
the administration and enforcement  of  this  article  with  respect  to
lasers, crane operators, blasters and pyrotechnicians.  PROVIDED THAT IN
THE CASE OF CRANE OPERATORS, THE COMMISSIONER MAY REFUSE TO GRANT OR MAY
SUSPEND OR REVOKE A CRANE OPERATOR'S LICENSE UPON PROOF TO THE SATISFAC-
TION  OF  THE  COMMISSIONER  THAT  THE HOLDER THEREOF HAS (A) OBTAINED A
CERTIFICATION OR LICENSE BY FRAUD OR DECEIT; (B) FRAUDULENTLY OR DECEIT-
FULLY PERFORMED WORK FOR WHICH A LICENSE IS REQUIRED UNDER THIS ARTICLE;
(C) COMMITTED AN ACT OF GROSS NEGLIGENCE; (D)  FALSELY  ADVERTISED;  (E)
ACTED  IN  A  MANNER  WHICH  DEMONSTRATES  INCOMPETENCE OR (F) CAUSED OR
CONTRIBUTED IN ANY MANNER THAT DIRECTLY OR  INDIRECTLY  RESULTED  IN  AN
INJURY TO A PERSON OR DAMAGE TO PROPERTY.
  S  6.    This act shall take effect immediately, provided that section
two of this act shall take effect on the  same  date  and  in  the  same
manner as section 18 of part CC of chapter 57 of the laws of 2009, takes
effect.