NY State Senate Bill 2015-S5736A

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Jun 08, 2015	print number 5736a
Jun 08, 2015	amend and recommit to consumer protection
Jun 01, 2015	referred to consumer protection

Bill Amendments

Original

A (Active)

2015-S5736 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§482 & 483, Gen Bus L

2015-S5736 - Summary

Relates to certificate of competence for crane operators.

2015-S5736 - Sponsor Memo

                                BILL NUMBER:S5736

TITLE OF BILL:  An act to amend the general business law, in relation
to crane operators

PURPOSE: To provide additional standards for certification of crane
operators to reflect best practices and national model standards used
in other states and large cities, such as the City of New York

SUMMARY OF PROVISIONS: Section 1 provides that an applicant shall be
granted a state crane license if he or she possesses a certification
through the National Commission for the Certification of Crane
Operators (NCCCO) or equivalent organization, and that a crane
operator license granted by this process shall be valid only in the
specialty or specialties for which the operator is certified. The
applicant must (a) Have received the third-party certification, (b)
Possess a practical knowledge of crane maintenance (c) Maintain a
current medical examiner's certification card and (d) Possess a valid
New York State driver's license.

Section 2 outlines the commissioner's authority to suspend, deny or
revoke a crane operator's license if he or she has committed illegal,
negligent or other questionable acts in either obtaining or using the
license or is found not to have a valid New York State driver's
license, and provides that certification of competence shall be valid
for a period of five years and shall be renewed if the applicant

provides proof of recertification pursuant to the process adopted.

Section 3 provides for the effective date.

EXISTING LAW: Current law does not provide a way by which New York can
recognize nationally accepted certification programs or accreditations
as the basis for granting crane operators' licenses.

JUSTIFICATION: A 2008 report by the state inspector general found that
the current method of crane licensing lacks clear certification
standards, particularly in the administration of testing, which has
led to the appearance of bias and documented impropriety. Since that
time, few, if any, measures have been taken to remedy the problem.
Meanwhile, New York City moved to adopt third-party assessment and
testing in response to a number of high-profile crane failures New
York City. Since then, NYC job sites have become safer and the
licensing process unbiased.

Additionally, federal OSHA rules soon to take effect will require all
crane operators working in construction to be certified/qualified.
The vast majority of operators in New York State will comply with this
standard by holding a nationally accredited certification, like that
offered by NCCCO. A growing number of states issue a license and
recognize third-party assessments as the "demonstration of knowledge
and skill" element of the license. By being progressive and adopting
third-party assessment and testing, New York will join other states,
and New York City, that reap the benefits of this model.

Seeing that NCCCO standards have worked well for the City of New York,
and several states nationwide, the adoption of third-party assessment


and testing standards will provide assurance of safer workplaces and a
more fair licensing avenue across New York State.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the state or local governments.

EFFECTIVE DATE: Immediate

2015-S5736 - Bill Text download pdf

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

                                  5736

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- 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.  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:
  S  482. Licensing and registration. 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 CERTIFICATE OF COMPETENCE SHALL
BE  AWARDED  TO AN APPLICANT WHO HAS BEEN CERTIFIED THROUGH THE NATIONAL
COMMISSION FOR THE CERTIFICATION OF CRANE OPERATORS OR ANY OTHER  ORGAN-
IZATION  FOUND  BY  THE  COMMISSIONER TO OFFER AN EQUIVALENT TESTING AND
CERTIFICATION PROGRAM MEETING THE REQUIREMENTS OF THE APPROPRIATE AMERI-
CAN SOCIETY OF MECHANICAL ENGINEERS (ASME) B30 STANDARD, AND THE ACCRED-
ITATION 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.
  2.  No  person shall possess or use any radioactive material without a
valid license issued by the commissioner of health.  Every  installation
and  mobile source consisting of radiation equipment shall be registered
with the commissioner of health.
  3. No employer, contractor or agent thereof shall knowingly permit any
individual to use lasers, operate a crane or 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
CERTIFICATE  OF COMPETENCE SHALL BE AWARDED TO AN APPLICANT WHO HAS BEEN
CERTIFIED THROUGH THE NATIONAL COMMISSION FOR THE CERTIFICATION OF CRANE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11439-01-5

S. 5736                             2

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.
SUCH  CERTIFICATION  SHALL BE VALID ONLY IN THE SPECIALTY OR SPECIALTIES
FOR WHICH SUCH OPERATOR IS CERTIFIED.
  S 2. Paragraph a of subdivision 1 and 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, are 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. IN  THE  CASE  OF
CRANE OPERATORS, THE COMMISSIONER MAY REFUSE TO GRANT, OR MAY SUSPEND OR
REVOKE  A  CRANE  OPERATOR'S LICENSE UPON PROOF PRESENTED TO THE COMMIS-
SIONER THAT THE HOLDER THEREOF  HAS  (I)  OBTAINED  A  CERTIFICATION  OR
LICENSE  BY  FRAUD OR DECEIT, (II) FRAUDULENTLY OR DECEITFULLY PERFORMED
WORK FOR WHICH A LICENSE IS REQUIRED UNDER THIS ARTICLE, (III) COMMITTED
AN ACT OF GROSS NEGLIGENCE, (IV) FALSELY  ADVERTISED,  (V)  ACTED  IN  A
MANNER  WHICH  DEMONSTRATES INCOMPETENCE, (VI) CAUSED, OR CONTRIBUTED IN
ANY MANNER THAT DIRECTLY OR INDIRECTLY RESULTED IN AN INJURY TO A PERSON
OR DAMAGE TO PROPERTY, OR (VII) BEEN FOUND TO NOT HAVE A VALID NEW  YORK
STATE DRIVER'S LICENSE.
  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, (C)
MAINTAIN A  CURRENT  MEDICAL  EXAMINER'S  CERTIFICATION  CARD,  AND  (D)
POSSESS A VALID NEW YORK STATE DRIVER'S LICENSE. CERTIFICATION OF COMPE-
TENCE  SHALL  BE  VALID FOR A PERIOD OF FIVE YEARS, AFTER WHICH TIME THE
CERTIFICATE SHALL BE RENEWED IF THE APPLICANT PROVIDES PROOF  OF  RECER-
TIFICATION PURSUANT TO THE PROCESS ADOPTED PURSUANT TO THIS SUBDIVISION.
ANY  CERTIFICATE  OF COMPETENCE ISSUED PURSUANT TO THIS ARTICLE PRIOR TO
DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN SHALL REMAIN VALID UNTIL THE
EARLIER OF  THE  FOLLOWING:  (I)  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN OR (II) THE EXPIRATION DATE OF THE CERTIFICATE OF COMPETENCE.
  S 3. This act shall take effect immediately.

2015-S5736A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§482 & 483, Gen Bus L

2015-S5736A (ACTIVE) - Summary

Relates to certificate of competence for crane operators.

2015-S5736A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5736A

TITLE OF BILL:  An act to amend the general business law, in relation
to crane operators

PURPOSE: To provide additional standards for certification of crane
operators to reflect best practices and national model standards used
in other states and large cities, such as the City of New York

SUMMARY OF PROVISIONS: Section 1 provides that an applicant shall be
granted a state crane license if he or she possesses a certification
through the National Commission for the Certification of Crane
Operators (NCCCO) or equivalent organization, and that a crane
operator license granted by this process shall be valid only in the
specialty or specialties for which the operator is certified. The
applicant must (a) Have received the third-party certification, (b)
Possess a practical knowledge of crane maintenance (c) Maintain a
current medical examiner's certification card and (d) Possess a valid
New York State driver's license.

Section 2 outlines the commissioner's authority to suspend, deny or
revoke a crane operator's license if he or she has committed illegal,
negligent or other questionable acts in either obtaining or using the
license or is found not to have a valid New York State driver's
license, and provides that certification of competence shall be valid
for a period of five years and shall be renewed if the applicant

provides proof of recertification pursuant to the process adopted.

Section 3 provides for the effective date.

EXISTING LAW: Current law does not provide a way by which New York can
recognize nationally accepted certification programs or accreditations
as the basis for granting crane operators' licenses.

JUSTIFICATION: A 2008 report by the state inspector general found that
the current method of crane licensing lacks clear certification
standards, particularly in the administration of testing, which has
led to the appearance of bias and documented impropriety. Since that
time, few, if any, measures have been taken to remedy the problem.
Meanwhile, New York City moved to adopt third-party assessment and
testing in response to a number of high-profile crane failures New
York City. Since then, NYC job sites have become safer and the
licensing process unbiased.

Additionally, federal OSHA rules soon to take effect will require all
crane operators working in construction to be certified/qualified.
The vast majority of operators in New York State will comply with this
standard by holding a nationally accredited certification, like that
offered by NCCCO. A growing number of states issue a license and
recognize third-party assessments as the "demonstration of knowledge
and skill" element of the license. By being progressive and adopting
third-party assessment and testing, New York will join other states,
and New York City, that reap the benefits of this model.

Seeing that NCCCO standards have worked well for the City of New York,
and several states nationwide, the adoption of third-party assessment


and testing standards will provide assurance of safer workplaces and a
more fair licensing avenue across New York State.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the state or local governments.

EFFECTIVE DATE: Sixtieth day after it becomes a law

2015-S5736A (ACTIVE) - Bill Text download pdf

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

                                 5736--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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.  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:
  S  482. Licensing and registration. 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 CERTIFICATE OF COMPETENCE SHALL
BE  AWARDED  TO AN APPLICANT WHO HAS BEEN CERTIFIED THROUGH THE NATIONAL
COMMISSION FOR THE CERTIFICATION OF CRANE OPERATORS OR ANY OTHER  ORGAN-
IZATION  FOUND  BY  THE  COMMISSIONER TO OFFER AN EQUIVALENT TESTING AND
CERTIFICATION PROGRAM MEETING THE REQUIREMENTS OF THE APPROPRIATE AMERI-
CAN SOCIETY OF MECHANICAL ENGINEERS (ASME) B30 STANDARD, AND THE ACCRED-
ITATION 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.
  2.  No  person shall possess or use any radioactive material without a
valid license issued by the commissioner of health.  Every  installation
and  mobile source consisting of radiation equipment shall be registered
with the commissioner of health.
  3. No employer, contractor or agent thereof shall knowingly permit any
individual to use lasers, operate a crane or 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11439-02-5

S. 5736--A                          2

CERTIFICATE  OF COMPETENCE SHALL BE AWARDED TO AN APPLICANT WHO HAS BEEN
CERTIFIED THROUGH 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.
SUCH CERTIFICATION SHALL BE VALID ONLY IN THE SPECIALTY  OR  SPECIALTIES
FOR WHICH SUCH OPERATOR IS CERTIFIED.
  S  2. Paragraph a of subdivision 1 and 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, are 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. IN THE CASE OF
CRANE OPERATORS, THE COMMISSIONER MAY REFUSE TO GRANT, OR MAY SUSPEND OR
REVOKE A CRANE OPERATOR'S LICENSE UPON PROOF PRESENTED  TO  THE  COMMIS-
SIONER  THAT  THE  HOLDER  THEREOF  HAS  (I) OBTAINED A CERTIFICATION OR
LICENSE BY FRAUD OR DECEIT, (II) FRAUDULENTLY OR  DECEITFULLY  PERFORMED
WORK FOR WHICH A LICENSE IS REQUIRED UNDER THIS ARTICLE, (III) COMMITTED
AN  ACT  OF  GROSS  NEGLIGENCE,  (IV) FALSELY ADVERTISED, (V) ACTED IN A
MANNER WHICH DEMONSTRATES INCOMPETENCE, (VI) CAUSED, OR  CONTRIBUTED  IN
ANY MANNER THAT DIRECTLY OR INDIRECTLY RESULTED IN AN INJURY TO A PERSON
OR  DAMAGE TO PROPERTY, OR (VII) BEEN FOUND TO NOT HAVE A VALID NEW YORK
STATE DRIVER'S LICENSE.
  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,  (C)
MAINTAIN  A  CURRENT  MEDICAL  EXAMINER'S  CERTIFICATION  CARD,  AND (D)
POSSESS A VALID NEW YORK STATE DRIVER'S LICENSE. CERTIFICATION OF COMPE-
TENCE SHALL BE VALID FOR A PERIOD OF FIVE YEARS, AFTER  WHICH  TIME  THE
CERTIFICATE  SHALL  BE RENEWED IF THE APPLICANT PROVIDES PROOF OF RECER-
TIFICATION PURSUANT TO THE PROCESS ADOPTED PURSUANT TO THIS SUBDIVISION.
ANY CERTIFICATE OF COMPETENCE ISSUED PURSUANT TO THIS ARTICLE  PRIOR  TO
DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN SHALL REMAIN VALID UNTIL THE
EARLIER  OF  THE  FOLLOWING:  (I)  DECEMBER  THIRTY-FIRST,  TWO THOUSAND
FIFTEEN OR (II) THE EXPIRATION DATE OF THE CERTIFICATE OF COMPETENCE.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S5736A

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2015-S5736 - Details

2015-S5736 - Summary

2015-S5736 - Sponsor Memo

2015-S5736 - Bill Text download pdf

2015-S5736A (ACTIVE) - Details

2015-S5736A (ACTIVE) - Summary

2015-S5736A (ACTIVE) - Sponsor Memo

2015-S5736A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James L. Seward

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2015-S5736 - Details

2015-S5736 - Summary

2015-S5736 - Sponsor Memo

2015-S5736 - Bill Text download pdf

2015-S5736A (ACTIVE) - Details

2015-S5736A (ACTIVE) - Summary

2015-S5736A (ACTIVE) - Sponsor Memo

2015-S5736A (ACTIVE) - Bill Text download pdf

Comments