NY State Senate Bill 2025-S7944

Current Bill Status - In Senate Committee Labor 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2025	referred to labor

co-Sponsors

2025-S7944 (ACTIVE) - Details

See Assembly Version of this Bill:: A8032
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§954 & 955, add §958, Lab L

2025-S7944 (ACTIVE) - Summary

Relates to certain provisions on elevator licensing and temporary elevator mechanics; relates to civil penalties for unlicensed mechanics; clarifies inspection provisions.

2025-S7944 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7944

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to clarifying key provisions
around elevator licensing on examinations and experience

 
PURPOSE:

To ensure that the goals created by the Elevator Safety Act are fully
met

 
SUMMARY OF PROVISIONS:

Section one amends subsection 4 of Section 954 of the Labor Code to:

* Clarify elevator examinations must be proctored by an independent
organization that is approved by the Commissioner of Labor;

* Removes grandfathering for mechanics who have not taken an examination
prior to the effective date of the Elevator Safety Act;

* Adds the classification of "Temporary Elevator Mechanic License" for
Elevator Apprentices in the event Elevator Contractors experience short-
ages;

* Adds clarifying language that no person shall erect, construct, alter,
replace, maintain, remove, or dismantle any conveyance or wire convey-
ance unless they are a licensed Elevator Mechanic under the supervision
of a licensed Elevator Contractor;

* Clarified Elevator Contractor license shall not be required for demo-
lition work.

Section two amends Subsection 4 of Section 955 of the Labor Code to
strengthen penalties to deter unlicensed elevator work as follows:

* Ten thousand dollars for each violation found by the Commissioner,
which shall apply to each day a violation exists;

* For cases of employment of unlicensed mechanics, the Commissioner
shall impose penalties on the contractor or responsible party for each
person working without a license for each day worked by such persons;

* Upon second or subsequent violation, the Commissioner may impose a
civil penalty not to exceed twenty thousand dollars.

Section three adds a new Section 958 to Article 33 of the Labor Code to
set standards for inspections of elevators and conveyances outside of
cities with a population of one million or more.

Section four sets the effective date.4., 4

 
JUSTIFICATION:

The New York State Elevator Safety Act was enacted in the State Fiscal
Year 2020 Budget. Starting January 1, 2022, it required all individuals

and businesses performing elevator work to have a license from the New
York State Department of Labor.

The goal of the Elevator Safety Act was to reduce unsafe elevator
hazards by requiring proper training of persons employed to design,
construct, inspect, maintain, alter and repair elevators and other auto-
mated people moving conveyances and requiring the licensing of individ-
uals involved in elevator projects. Elevator Mechanic and Contractor
Licensing is required not just to protect workers, but to ensure the
safety of the elevator riding public.

Despite the enactment of the Elevator Safety Act, there have still been
numerous violations across the State both by unlicensed individuals and
businesses. This poses a threat to both workers and the elevator riding
public. By closing loopholes in the required examination for licensing,
by increasing civil penalties, and by clarifying standards for
inspections across the State, this bill will ensure the original goals
of the Elevator Safety Act of protecting both workers and the public are
fully realized.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPACT:

TBD

 
EFFECTIVE DATE:
Shall take effect immediately

2025-S7944 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7944
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2025
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to clarifying key  provisions
   around elevator licensing on examinations and experience
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 4 and 5 of section 954 of the  labor  law,  as
 added  by section 1 of subpart O of part XX of chapter 55 of the laws of
 2020, are amended and a new subdivision 7 is added to read as follows:
   4. Alternative qualifications. Applicants for an  elevator  mechanic's
 license  or  accessibility  lift technician's license who do not possess
 the industry certifications identified above may demonstrate their qual-
 ifications and abilities, training, and continuing education by  provid-
 ing acceptable proof of:
   (a)  a  certificate  of successful completion and successfully passing
 the mechanic examination of a nationally recognized training program for
 the elevator industry including, but not limited to, the national eleva-
 tor industry educational program or its  equivalent,  supplemented  with
 continuing education as may be required by this section; or
   (b)  a  certificate  of  successful completion of the state registered
 apprenticeship programs for the apprenticeable trades of Elevator Servi-
 cer Repairer, including the joint apprentice and training  committee  of
 the elevator industry of local 3, IBEW, EE division training program, or
 equivalent  registered  apprenticeship  program  for elevator mechanics,
 having standards substantially equivalent to those programs  and  regis-
 tered  with  the bureau of apprenticeship and training, U.S.  department
 of labor or a state apprenticeship council, supplemented with continuing
 education as may be required by this section; or
   (c) [work on elevator construction, maintenance or repair with  direct
 and  immediate  supervision  in this state for a period of not less than
 four years immediately prior to  the  effective  date  of  this  article

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11118-01-5

 S. 7944                             2

 supplemented with continuing education and testing as may be required by
 this section; or
   (d)]  successful  completion  of an examination established by the New
 York state civil service commission or a municipal civil service commis-
 sion having jurisdiction as defined by subdivision four of  section  two
 of  the  civil service law, subsequent appointment to a position related
 to work on elevator construction, maintenance, mechanics, inspection, or
 repair as may be  properly  classified  by  the  commissioner  of  civil
 service or a municipal civil service commission having jurisdiction, and
 work  on  elevator  construction, maintenance, mechanics, inspection, or
 repair, with direct and immediate supervision in this state for a period
 of not less than four years immediately prior to the effective  date  of
 this  article  supplemented with continuing education as may be required
 by this section[.]; OR
   (D) IN THE EVENT AN ELEVATOR CONTRACTOR ENCOUNTERS A VERIFIABLE SHORT-
 AGE OF LICENSED MECHANICS, AN ELEVATOR CONTRACTOR MAY REQUEST  THAT  THE
 DEPARTMENT  ISSUE  A  TEMPORARY ELEVATOR MECHANIC LICENSE TO AN ELEVATOR
 APPRENTICE WHO CAN PROVIDE DOCUMENTATION DEMONSTRATING THAT SUCH APPREN-
 TICE IS CURRENTLY ENROLLED IN AN ELEVATOR APPRENTICESHIP PROGRAM AND HAS
 A MINIMUM OF FOUR THOUSAND HOURS OF ELEVATOR  INDUSTRY  EXPERIENCE.    A
 VERIFIABLE SHORTAGE CAN BE DECLARED BY A MAJORITY VOTE OF THE BOARD, AND
 MAY  BE EXTENDED AT EACH SUBSEQUENT MEETING OF THE BOARD. EACH TEMPORARY
 ELEVATOR MECHANIC LICENSE SHALL BE VALID FOR FORTY-FIVE DAYS SO LONG  AS
 SUCH  TEMPORARY  ELEVATOR  MECHANIC IS EMPLOYED BY THE LICENSED ELEVATOR
 CONTRACTOR THAT REQUESTED THE TEMPORARY ELEVATOR  MECHANIC  LICENSE  AND
 SHALL  BE  RENEWABLE  SO LONG AS THE SHORTAGE OF LICENSE HOLDERS EXISTS.
 FEES SHALL BE DETERMINED BY THE BOARD.
   5. Continuing education. The renewal of all licenses granted under the
 provisions of subdivision four of this section shall be conditioned upon
 acceptable proof of completion  of  a  course  designed  to  ensure  the
 continuing  education  of licensees on new and existing national, state,
 and local conveyances codes and standards and on technology and  techni-
 cal  education and workplace safety, provided the applicant was notified
 of the availability of such courses  when  the  license  was  previously
 granted  or  renewed.  Such  course shall consist of not less than eight
 contact hours (.8 CEU) annually and completed preceding any such license
 renewal. The  [commissioner]  BOARD  shall  establish  requirements  for
 continuing  education  and  training  programs,  and  shall approve such
 programs and providers, as well as maintain a list of approved  programs
 which  shall be made available to license applicants, permit applicants,
 renewal applicants  and  other  interested  parties  upon  request.  The
 [commissioner]  BOARD may promulgate rules and regulations setting forth
 the criteria for  approval  of  such  programs,  the  procedures  to  be
 followed  in applying for such approval, and other rules and regulations
 as the  commissioner  deems  necessary  and  proper  to  effectuate  the
 purposes of this section.
   7.  SPECIAL  PROVISIONS.    NO  PERSON  SHALL ERECT, CONSTRUCT, ALTER,
 REPLACE, MAINTAIN, REMOVE, OR DISMANTLE  ANY  CONVEYANCE,  OR  WIRE  ANY
 CONVEYANCE  FROM  THE  MAINLINE  FEEDER  TERMINALS  ON THE CONTROLLER IN
 EXISTING BUILDINGS OR STRUCTURES  IN  THE  JURISDICTION  OF  THIS  STATE
 UNLESS  SUCH  PERSON  IS  A LICENSED ELEVATOR MECHANIC WORKING UNDER THE
 DIRECT SUPERVISION OF A LICENSED ELEVATOR CONTRACTOR. A LICENSED  ELEVA-
 TOR  CONTRACTOR IS NOT REQUIRED FOR REMOVING OR DISMANTLING CONVEYANCES,
 WHICH ARE DESTROYED AS A RESULT OF A COMPLETE DEMOLITION OF AN  EXISTING
 BUILDING OR STRUCTURE.
 S. 7944                             3
 
   §  2.  Paragraph (a) of subdivision 4 of section 955 of the labor law,
 as added by section 1 of subpart O of part XX of chapter 55 of the  laws
 of 2020, is amended to read as follows:
   (a)  Except  as  provided in paragraph (b) of this subdivision, if the
 commissioner finds, after notice and hearing,  that  an  individual  has
 violated  any  provision  of this article, [he or she] SUCH COMMISSIONER
 may impose a civil penalty not to exceed [one] TEN thousand dollars  for
 each such violation. CIVIL PENALTIES SHALL APPLY TO EACH DAY A VIOLATION
 EXISTS.    IN  CASES WHERE A CONTRACTOR EMPLOYED OR RELIED ON UNLICENSED
 MECHANICS, THE COMMISSIONER SHALL IMPOSE CIVIL PENALTIES ON THE CONTRAC-
 TOR OR OTHER PARTY RESPONSIBLE FOR EACH PERSON FOUND TO BE WORKING WITH-
 OUT A LICENSE FOR EACH DAY WORKED BY SUCH CONTRACTOR OR  PARTY.  Upon  a
 second  or  subsequent violation within three years of the determination
 of a prior violation, the commissioner may impose a civil penalty not to
 exceed [two] TWENTY thousand dollars PER VIOLATION.
   § 3. The labor law is amended by adding a new section 958 to  read  as
 follows:
   §  958. INSPECTION OF ELEVATORS AND CONVEYANCES. EXCEPT IN A CITY WITH
 A POPULATION OF ONE MILLION OR MORE, IT SHALL BE THE  RESPONSIBILITY  OF
 THE OWNER OF ALL ELEVATORS AND OTHER CONVEYANCES SUBJECT TO THIS ARTICLE
 TO  ENSURE  THAT SUCH EQUIPMENT CONFORMS TO THE FOLLOWING INSPECTION AND
 TESTING REQUIREMENTS:
   1. NEW OR ALTERED CONVEYANCES SHALL BE INSPECTED AND TESTED IN ACCORD-
 ANCE WITH THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS SAFETY  CODE  FOR
 ELEVATORS AND ESCALATORS VERSION A17.1/CSA B-44, SECTION 8.10.
   2.  EXISTING  CONVEYANCES  SHALL BE INSPECTED AND TESTED IN ACCORDANCE
 WITH THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS SAFETY CODE FOR ELEVA-
 TORS AND ESCALATORS VERSION A17.1/CSA B-44, SECTION 8.11.
   3. INSPECTIONS AND TESTS OF CONVEYANCES REQUIRED  UNDER  THIS  SECTION
 SHALL BE CONDUCTED TO ENSURE THE CONVEYANCES ARE OPERATED AND MAINTAINED
 IN  ACCORDANCE WITH APPLICABLE CODE REQUIREMENTS FOR SUCH CONVEYANCES AS
 ADOPTED OR DETERMINED BY THE DEPARTMENT.
   4. IT SHALL BE THE RESPONSIBILITY OF THE OWNER OF ALL  CONVEYANCES  TO
 ENSURE  THAT THE INSPECTIONS AND TESTS REQUIRED PURSUANT TO THIS SECTION
 ARE PERFORMED IN COMPLIANCE WITH THE APPLICABLE  CODE  REQUIREMENTS  FOR
 SUCH CONVEYANCES AS ADOPTED OR DETERMINED BY THE DEPARTMENT.
   5.  ALL  WORK  REQUIRED  FOR  INSPECTIONS  AND THE ASSOCIATED TESTS OF
 ELEVATORS AND OTHER CONVEYANCES SHALL BE PERFORMED BY A LICENSED  ELEVA-
 TOR  MECHANIC  AND  SHALL BE PHYSICALLY WITNESSED BY A LICENSED ELEVATOR
 INSPECTOR TO ENSURE COMPLIANCE WITH  APPLICABLE  CODE  REQUIREMENTS  FOR
 SUCH CONVEYANCES AS ADOPTED OR DETERMINED BY THE DEPARTMENT.
   6.  ALL  INSPECTIONS  OF  ELEVATORS  AND  OTHER  CONVEYANCES  SHALL BE
 PERFORMED BY A LICENSED ELEVATOR INSPECTOR  TO  ENSURE  COMPLIANCE  WITH
 APPLICABLE  CODE  REQUIREMENTS FOR SUCH CONVEYANCES AS ADOPTED OR DETER-
 MINED BY THE DEPARTMENT.
   7. WHEN ANY TESTS ON ELEVATORS  OR  OTHER  CONVEYANCES  ARE  PERFORMED
 PURSUANT  TO THIS SECTION AND SUCH TESTS ARE REQUIRED TO BE WITNESSED BY
 A LICENSED ELEVATOR INSPECTOR IN ACCORDANCE WITH THIS SECTION OR  APPLI-
 CABLE  INDUSTRY CODES OR STANDARDS INCORPORATED HEREIN, SUCH INSPECTIONS
 SHALL BE CONDUCTED BY A LICENSED ELEVATOR INSPECTOR WHO IS  EMPLOYED  BY
 THE  STATE  AND  WHO  SHALL  BE  PHYSICALLY  PRESENT DURING THE TESTS TO
 WITNESS SUCH TESTS TO ENSURE THEY ARE PROPERLY ADMINISTERED AND TO VERI-
 FY TEST RESULTS.
   8. SUBSEQUENT TO ANY INSPECTION, THE LICENSED ELEVATOR INSPECTOR SHALL
 SUPPLY THE PROPERTY OWNER AND THE DEPARTMENT WITH A  WRITTEN  INSPECTION
 REPORT  VERIFYING  CODE  COMPLIANCE  OR  DESCRIBING  ANY CODE VIOLATIONS
 S. 7944                             4
 
 FOUND.   IT SHALL BE THE RESPONSIBILITY  OF  THE  DEPARTMENT  TO  VERIFY
 COMPLIANCE  WITH  THE  REQUIREMENTS  OF THIS CHAPTER AND APPLICABLE CODE
 REQUIREMENTS, AS ADOPTED OR REQUIRED BY THE DEPARTMENT.
   § 4. This act shall take effect immediately.

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Senate Bill S7944

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

co-Sponsors

2025-S7944 (ACTIVE) - Details

2025-S7944 (ACTIVE) - Summary

2025-S7944 (ACTIVE) - Sponsor Memo

2025-S7944 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7944

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Sponsored By

Jessica Ramos

Current Bill Status - In Senate Committee Labor Committee

co-Sponsors

Christopher J. Ryan

Jessica Scarcella-Spanton

2025-S7944 (ACTIVE) - Details

2025-S7944 (ACTIVE) - Summary

2025-S7944 (ACTIVE) - Sponsor Memo

2025-S7944 (ACTIVE) - Bill Text download pdf

Comments