S T A T E   O F   N E W   Y O R K
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                                  8360

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2009
                               ___________

Introduced  by  M.  of  A. TOWNSEND, BACALLES, CALHOUN, CORWIN, TOBACCO,
  SALADINO -- Multi-Sponsored by -- M. of A. BURLING,  FINCH,  McDONOUGH
  -- read once and referred to the Committee on Labor

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

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

A. 8360                             2

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.  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

A. 8360                             3

DEEMED  EXPIRED  AS  OF  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND   EIGHT;
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.