Senate Bill S8774

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8774
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation to  the  determination  of  a
   verifiable shortage of licensed mechanics by the commissioner of labor
   for purposes of the issuance of a temporary elevator mechanic license,
   continuing education requirements for elevator mechanic's and accessi-
   bility  lift  technician's licensees, and authorizing the commissioner
   of labor to impose civil penalties for the employment or use of  unli-
   censed  mechanics; to repeal certain provisions of such law related to
   the inspection of elevators and conveyances; and to amend a chapter of
   the laws of 2025 amending the labor law  relating  to  clarifying  key
   provisions  around  elevator licensing on examinations and experience,
   as proposed in legislative bills numbers S. 7944-A and A.  8032-A,  in
   relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 4 of section 954 of the  labor
 law,  as amended by a chapter of the laws of 2025 amending the labor law
 relating to clarifying key provisions around elevator licensing on exam-
 inations and experience, as proposed in  legislative  bills  numbers  S.
 7944-A and A. 8032-A, is amended to read as follows:
   (d) in the event an elevator contractor encounters a verifiable short-
 age  of  licensed mechanics, an elevator contractor may request that the
 [department] COMMISSIONER issue a temporary elevator mechanic license to
 an elevator apprentice who can provide documentation demonstrating  that
 such  apprentice  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] DETERMINED by [a
 majority vote of the board, and may be extended at each subsequent meet-
 ing of the board] THE COMMISSIONER IN CONSULTATION WITH THE BOARD.  Each
 temporary  elevator  mechanic  license  shall  be valid for [forty-five]
 NINETY 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 VERIFIABLE short-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11118-04-6
 S. 8774                             2
 
 age of license holders exists. Fees shall be determined by  the  [board]
 COMMISSIONER.
   §  2.  Subdivision  5 of section 954 of the labor law, as amended by a
 chapter of the laws of 2025 amending the labor law relating to  clarify-
 ing key provisions around elevator licensing on examinations and experi-
 ence,  as proposed in legislative bills numbers S. 7944-A and A. 8032-A,
 is amended to read as follows:
   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 BOARD SHALL BE EMPOWERED TO  MAKE  RECOMMENDATIONS  TO  THE
 COMMISSIONER  ON NATIONALLY RECOGNIZED CONTINUING EDUCATION AND TRAINING
 PROGRAMS. The [board]  COMMISSIONER  shall  establish  requirements  for
 continuing  education  and  training programs WHICH SHALL BE REVIEWED BY
 THE BOARD ANNUALLY, and shall approve such programs  and  providers,  as
 well  as maintain a list of approved programs which shall be made avail-
 able to license applicants, permit applicants,  renewal  applicants  and
 other  interested  parties  upon  request.  The [board] COMMISSIONER 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.
   § 3. Paragraph (a) of subdivision 4 of section 955 of the  labor  law,
 as  amended  by  a  chapter  of  the laws of 2025 amending the labor law
 relating to clarifying key provisions around elevator licensing on exam-
 inations and experience, as proposed in  legislative  bills  numbers  S.
 7944-A and A.  8032-A, 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, such commissioner may impose a
 civil  penalty  not  to  exceed  ten  thousand  dollars  for  each  such
 violation. [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 by such contractor or party.] THE COMMISSIONER MAY IMPOSE
 CIVIL PENALTIES ON A CONTRACTOR OR ANY PARTY THAT EMPLOYS  OR  OTHERWISE
 UTILIZES  UNLICENSED  MECHANICS.  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 twenty thousand
 dollars per violation. THE COMMISSIONER SHALL SUBMIT A QUARTERLY  REPORT
 TO THE BOARD ON VIOLATIONS FOUND PURSUANT TO THIS SUBDIVISION.
   §  4.  Section 958 of the labor law, as added by a chapter of the laws
 of 2025 amending the labor law relating  to  clarifying  key  provisions
 around elevator licensing on examinations and experience, as proposed in
 legislative bills numbers S. 7944-A and A. 8032-A, is REPEALED.
   § 5. Section 4 of a chapter of the laws of 2025 amending the labor law
 relating to clarifying key provisions around elevator licensing on exam-
 inations  and  experience,  as  proposed in legislative bills numbers S.
 7944-A and A. 8032-A, is amended to read as follows:
 S. 8774                             3
 
   § 4. This act shall take  effect  [immediately]  ON  THE  ONE  HUNDRED
 EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.
   §  6.  This act shall take effect immediately; provided, however, that
 sections one, two, three and four of this act shall take effect  on  the
 same date and in the same manner as a chapter of the laws of 2025 amend-
 ing  the labor law relating to clarifying key provisions around elevator
 licensing on examinations and experience,  as  proposed  in  legislative
 bills numbers S. 7944-A and A. 8032-A, takes effect.