093_HB1005ham001

 










                                     LRB093 05703 EFG 13933 a

 1                    AMENDMENT TO HOUSE BILL 1005

 2        AMENDMENT NO.     .  Amend House Bill 1005  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Crane Licensing Public Safety Act.

 6        Section 5.  Legislative purpose.   The  General  Assembly
 7    finds  that, to promote job safety and to protect life, limb,
 8    and property, the operation of crane and  hoisting  equipment
 9    is a matter of public interest.  It is further declared to be
10    a  matter of public interest that the operation of cranes and
11    hoisting equipment used in the performance  of  construction,
12    renovation,  and  demolition  should  merit  and  receive the
13    confidence of the public  and  that  the  State  of  Illinois
14    should license persons who operate or assist in the operation
15    of crane and hoisting equipment. This Act should be liberally
16    construed to carry out these subjects and purposes.

17        Section  10.  Definitions.  For the purposes of this Act,
18    unless the context otherwise requires:
19        "Board" means the Crane Operators Licensing Board.
20        "Crane" means (i) any hoisting equipment that  lifts  and
21    rotates   or   moves  a  load  in  excess  of  10,000  pounds
 
                            -2-      LRB093 05703 EFG 13933 a
 1    horizontally or vertically,  including  but  not  limited  to
 2    hydraulic  cranes,  friction  cranes,  derricks,  jib hoists,
 3    gantry, bridge cranes,  floating  cranes  of  any  kind,  and
 4    air-borne  hoisting  equipment,  and  (ii) a tower crane that
 5    lifts and rotates or moves a load in excess of  2,500  pounds
 6    horizontally or vertically.
 7        "Department"   means   the   Department  of  Professional
 8    Regulation.
 9        "Director" means the Director of Professional Regulation.
10        "Hoist" includes but is not limited to a  material  hoist
11    (construction  elevator),  air  tugger (one drum), multi-drum
12    hoist, overhead  hoist,  sideboom,  A-frame  boom  truck,  or
13    behind the cab truck mounted boom.
14        "Person"  means  an individual, partnership, corporation,
15    business trust, limited liability  company,  or  other  legal
16    entity.

17        Section 15.  License required; application of Act.
18        (a)  Beginning  June  1, 2004, it shall be unlawful for a
19    person to operate a power-driven crane or hoist used  in  the
20    performance   of   construction,  renovation,  or  demolition
21    without first obtaining a crane operator's license  from  the
22    Department.
23        (b)  Beginning  June  1, 2004, it shall be unlawful for a
24    person to assist in the operation of a power-driven crane  or
25    hoist used in the performance of construction, renovation, or
26    demolition   without  first  obtaining  an  apprentice  crane
27    operator's license from the Department.
28        (c)  The provisions of this Act do not apply to operators
29    of powered industrial forklift trucks, pallet  trucks,  rider
30    trucks, fork trucks, lift trucks, or telehandlers.
31        (d)  The provisions of this Act do not apply to equipment
32    involved in grading, drainage, field tile, or irrigation.
33        (e)  The   provisions   of  this  Act  do  not  apply  to
 
                            -3-      LRB093 05703 EFG 13933 a
 1    activities connected with agriculture or farming, other  than
 2    construction, renovation, and demolition.
 3        (f)  The  provisions  of  this  Act  do  not apply to the
 4    operation of a crane or a hoist under the jurisdiction of the
 5    United States.
 6        (g)  The provisions of this  Act  do  not  apply  to  the
 7    operation  of  a  crane  or  hoist  used  in  a manufacturing
 8    operation for purposes other than  construction,  renovation,
 9    or demolition.

10        Section 20.  Qualifications for original crane operator's
11    license.  A  person  is qualified to obtain an original crane
12    operator's license under this Act if he or she meets  all  of
13    the following requirements:
14             (1)  Is at least 18 years of age and has submitted a
15        certified record showing crane operation of at least 2000
16        hours   in   the  5-year  period  preceding  his  or  her
17        application.
18             (2)  Has not violated any of the provisions of  this
19        Act for which disciplinary action could be taken.
20             (3)  Has  passed a written examination prescribed by
21        the Board.
22             (4)  Has passed a practical  examination  prescribed
23        by the Board.
24             (5)  Has taken a drug test prescribed by the Board.
25             (6)  Does  not  have  a  crane operator's license or
26        crane operator's apprentice  license  that  is  currently
27        revoked  or  suspended  by the Board or by the comparable
28        licensing body in another jurisdiction.

29        Section   25.  Qualifications   for   crane    operator's
30    apprentice  license.  A person is qualified to obtain a crane
31    operator's apprentice license under this Act  if  he  or  she
32    meets all of the following requirements:
 
                            -4-      LRB093 05703 EFG 13933 a
 1             (1)  Is at least 18 years of age.
 2             (2)  Has  passed a written examination as prescribed
 3        by the Department.
 4             (3)  Has not violated any of the provisions of  this
 5        Act for which disciplinary action could be taken.
 6             (4)  Does  not  have  a  crane operator's license or
 7        crane operator's apprentice  license  that  is  currently
 8        revoked  or  suspended  by  the  Board or by a comparable
 9        licensing body in another jurisdiction.

10        Section 30.  Application for  original  crane  operator's
11    license.
12        (a)  Applications  for original licenses shall be made to
13    the Department in writing on forms prescribed  by  the  Board
14    and shall be accompanied by the required fee, which shall not
15    be  returnable. The application shall require the information
16    that,  in  the  judgment  of  the  Board,  will  enable   the
17    Department to pass on the qualifications of the applicant for
18    a license.
19        (b)  The  Department  may  authorize  the  examination of
20    applicants at any time and place that it may  determine.  The
21    Department  shall  make reasonable efforts to provide testing
22    sites reflecting the geographical distribution of applicants'
23    residences. The examination  of  applicants  shall  be  of  a
24    character  to  give  a fair test of the qualifications of the
25    applicant to practice. The Agency may employ consultants  for
26    the purpose of preparing and conducting examinations.
27        (c)  Applicants for examination shall be required to pay,
28    either to the Department or the designated testing service, a
29    fee  covering  the  cost  of providing the examination. If an
30    applicant neglects, fails, or refuses to take an  examination
31    or  fails to pass an examination for a license under this Act
32    within 3 years after  filing  his  or  her  application,  the
33    application  is denied. However, the applicant may thereafter
 
                            -5-      LRB093 05703 EFG 13933 a
 1    make a new application accompanied by the required fee.
 2        (d)  Original crane operator's licenses  shall  be  valid
 3    for a period of 5 years.

 4        Section 35.  License classifications.
 5        (a)  The Department may issue various classes of licenses
 6    reflecting  the  different  levels  of  competency of a crane
 7    operator. The classification of licenses shall include all of
 8    the following:
 9             (1)  Full crane  operator's  license.  This  license
10        shall  authorize  the  operation of any crane or hoisting
11        equipment listed in any category in this Section.
12             (2)  Tower crane operator's  license.  This  license
13        shall   authorize  the  operation  of  tower  cranes  and
14        derricks operated from a fixed location within,  attached
15        to,  or adjacent to the building undergoing construction,
16        repair, or demolition. Classes of tower crane  operator's
17        license shall include all of the following:
18                  (A)  Stationary tower cranes.
19                  (B)  Derricks, stiff leg, and guy.
20                  (C)  Unrestricted.
21             (3)  Mobile  crane  operator's license. This license
22        shall authorize the operation of mobile cranes regardless
23        of mounting or means of mobility, including track-mounted
24        cranes, crawler cranes, truck-mounted cranes,  and  truck
25        mounted towers cranes. Classes of mobile crane operator's
26        license shall include all of the following:
27                  (A)  Friction crawler and truck.
28                  (B)  Hydraulic lattice boom crawler and truck.
29                  (C)  Hydraulic all terrain/rough terrain.
30                  (D)  Unrestricted.
31             (4)  Boom  truck  operator's  license.  This license
32        shall authorize the operation of boom  trucks  regardless
33        of  mounting  or means of mobility. Classes of boom truck
 
                            -6-      LRB093 05703 EFG 13933 a
 1        operator's license shall include all of the following:
 2                  (A)  Boom truck.
 3                  (B)  A-frame.
 4                  (C)  Hydraulic sign truck.
 5                  (D)  Unrestricted.
 6             (5)  Overhead crane operator's license. This license
 7        shall authorize the operation of  overhead  trolley  type
 8        cranes.
 9             (6)  Drum  hoist  operator's  license.  This license
10        shall authorize the operation of drum hoisting  and  rack
11        and  pinion  types of equipment located within or affixed
12        to the  structure  undergoing  construction,  repair,  or
13        demolition.  Classes  of  drum  hoist  operator's license
14        shall include:
15                  (A)  Drum hoists.
16                  (B)  Rack and pinion hoists.
17                  (C)  Unrestricted.
18             (7)  Apprentice  crane  operator's   license.   This
19        license shall authorize an individual for the performance
20        of  work as a crane operator under the direct supervision
21        of a licensed crane operator.
22        (b)  The Board  shall  set  up  appropriate  written  and
23    practical testing requirements for each type of license to be
24    issued.  The  Board  may  add  additional  classifications of
25    licenses  by  rule  as  necessary  to   meet   the   changing
26    technologies   in   the  crane,  hoisting,  and  construction
27    industries.

28        Section  40.  Testing.  The  Department   shall   conduct
29    examinations  of applicants for crane operator's licenses and
30    for crane operator's apprentice licenses.

31        Section 45.  Renewal of crane operator's license.
32        (a)  At the expiration of an  original  crane  operator's
 
                            -7-      LRB093 05703 EFG 13933 a
 1    license,  a licensee may apply for a renewal crane operator's
 2    license. A person is qualified  to  obtain  a  renewal  crane
 3    operator's  license  if  he or she meets all of the following
 4    requirements:
 5             (1)  Has submitted a certified record showing  crane
 6        operation  of at least 2000 hours in the 5-year period of
 7        the original crane operator's license, or  has  passed  a
 8        practical examination prescribed by the Board.
 9             (2)  Has  not violated any of the provisions of this
10        Act for which disciplinary action could be taken.
11             (3)  Has passed a written examination prescribed  by
12        the Board.
13             (4)  Has taken a drug test prescribed by the Board.
14             (5)  Does  not  have a crane operator's license that
15        is currently revoked or suspended by the Board or by  the
16        comparable licensing body in another jurisdiction.
17        (b)  Renewal crane operator's licenses shall be valid for
18    a period of 5 years.

19        Section  50.  Military  exemption.  The  Department shall
20    reinstate a crane operator's license  that  expires  while  a
21    licensee  is  in active military service of the United States
22    upon application to the Department by the licensee  within  2
23    years  after  termination of the military service, payment of
24    the annual license fee, and submission  of  evidence  of  the
25    military  service.  The  license  shall be reinstated without
26    examination and without payment of the lapsed renewal fee.

27        Section 55.  Fees; Crane Operators Licensing Fund.
28        (a)  The Department shall impose a fee established by the
29    Board for an original  license  and  for  a  renewal  license
30    issued under this Act.
31        (b)  All  fees  and  fines  received  by  the  Department
32    pursuant  to  this  Section shall be deposited into the Crane
 
                            -8-      LRB093 05703 EFG 13933 a
 1    Operators Licensing Fund, a special fund created in the State
 2    Treasury. Moneys in the Fund may be used by  the  Department,
 3    subject  to  appropriation,  solely for the administration of
 4    this Act.

 5        Section 60.  Board; crane inspector.
 6        (a)  The  Crane  Operators  Licensing  Board  is  created
 7    within the Department and  shall  consist  of  the  following
 8    voting members appointed by the Director:
 9             (1)  Three  members of the Board shall be members of
10        unions representing operating  engineers.  These  members
11        shall  serve  3-year  terms,  except  that of the initial
12        members appointed, one shall be appointed for a  term  of
13        one  year,  one for a term of 2 years, and one for a term
14        of 3 years.
15             (2)  One  member   of   the   Board   shall   be   a
16        representative  of the construction industry. This member
17        shall serve a 3-year term, except that the initial member
18        shall be appointed for a term of 2 years.
19             (3)  One  member   of   the   Board   shall   be   a
20        representative  of  the  property  and casualty insurance
21        industry. This member shall serve a 3-year  term,  except
22        that  the initial member shall be appointed for a term of
23        one year.
24             (4)  One  member   of   the   Board   shall   be   a
25        representative  of  the building and construction trades.
26        This member shall serve a 3-year term,  except  that  the
27        initial member shall be appointed for a term of 2 years.
28             (5)  Two  members  of  the  Board  shall  be  public
29        members.  These  members shall serve 3-year terms, except
30        that of the  initial  members  appointed,  one  shall  be
31        appointed  for  a  term  of  2  years  and  one  shall be
32        appointed for a term of 3 years.
33        (b)  Each member shall have  experience,  knowledge,  and
 
                            -9-      LRB093 05703 EFG 13933 a
 1    expertise relating to the subject matter of this Act.
 2        (c)  Board  members  shall  receive  no  compensation for
 3    their services on the Board, but they may be  reimbursed  for
 4    their actual expenses in serving on the Board.
 5        (d)  The Board shall annually elect one of its members as
 6    chairperson,  one  as vice-chairperson, and one as secretary.
 7    No officer of the Board shall be elected more than  twice  in
 8    succession  to  a  full term in the same office. Each officer
 9    shall serve until his or her successor has been  elected  and
10    qualified.  If  there  is a vacancy in an officer's position,
11    the  remaining  Board  members  shall  promptly  fill  it  by
12    appointing a member of the Board to the vacant  position  for
13    the unexpired portion of the term.
14        (e)  Four members of the Board shall constitute a quorum.
15    A vacancy in the membership of the Board shall not impair the
16    right  of a quorum to exercise all the rights and perform all
17    of the duties of the Board.
18        (f)  The Director shall promptly appoint a person to fill
19    any vacancy on the Board for the  unexpired  portion  of  the
20    term.
21        (g)  The  Department  shall  employ  and  the Board shall
22    approve a crane inspector.  The crane  inspector  shall  have
23    all of the following powers and duties:
24             (1)  To  assist the Board in carrying out its duties
25        under this Act.
26             (2)  To periodically inspect cranes.
27             (3)  To investigate accidents involving cranes.
28             (4)  To inspect job sites to ensure that  all  crane
29        and hoisting equipment personnel are duly licensed.
30        The  Department may employ additional personnel to assist
31    in enforcing the provisions of this Act.

32        Section 65.  Licensing penalties.
33        (a)  The Board may refuse to issue or renew or may revoke
 
                            -10-     LRB093 05703 EFG 13933 a
 1    or suspend a license  or  place  on  probation,  censure,  or
 2    reprimand  a  licensee,  for  one  or  any combination of the
 3    following causes:
 4             (1)  The  practice  of  any  fraud  or   deceit   in
 5        obtaining or attempting to obtain a license.
 6             (2)  Any    gross   negligence,   incompetence,   or
 7        misconduct in  the  operation  of  a  crane  or  hoisting
 8        equipment while under the influence of alcohol or another
 9        drug.
10             (3)  Any    gross   negligence,   incompetence,   or
11        misconduct as an apprentice assisting in the operation of
12        a crane or hoisting equipment while under  the  influence
13        of alcohol or another drug.
14             (4)  The  entry  of  any  order by any circuit court
15        establishing that a person holding a license  under  this
16        Act  is  a  person subject to involuntary admission under
17        the Mental Health and  Developmental  Disabilities  Code.
18        The person may have his or her license restored only upon
19        the  determination  by a circuit court that he or she has
20        recovered from the mental illness that subjected  him  or
21        her  to  involuntary admission and upon the determination
22        of the Board that the  license  be  restored.  Where  the
23        circumstances  so  indicate,  the  Board  may  require an
24        examination prior to restoring any license.
25             (5)  Failure to comply with any of the provisions of
26        this Act or any rules adopted  by  the  Department  under
27        this Act.
28             (6)  Revocation  or  suspension  of  a  license as a
29        crane  or  hoist  operator  or  apprentice   in   another
30        jurisdiction.
31             (7)  Failure  within  60 days to provide information
32        requested by the  Board  as  a  result  of  a  formal  or
33        informal  complaint to the Department that would indicate
34        a violation of this Act.
 
                            -11-     LRB093 05703 EFG 13933 a
 1        (b)  The Board shall refuse to issue or renew  and  shall
 2    revoke  the  license of a licensee who has been determined by
 3    the Board to have more than 3 violations of operating a crane
 4    without  possessing  a   crane   operator's   license   under
 5    subsection  (a)  of  Section  85 or more than 3 violations of
 6    assisting  in  operating  a  crane   without   possessing   a
 7    apprentice  crane  operator's license under subsection (c) of
 8    Section 85.

 9        Section 70.  Hearing
10        (a)  The Board may upon its own motion,  and  shall  upon
11    the  sworn  complaint  in writing of any person setting forth
12    charges that,  if  proved,  would  constitute  grounds  under
13    Section  65  for  refusal,  suspension,  or  revocation  of a
14    license, investigate the actions of  any  person  holding  or
15    claiming to hold a license.
16        (b)  The  Board shall, at least 10 days prior to the date
17    set for the hearing and before refusing to issue, suspend, or
18    revoke any license, notify the applicant  or  holder  of  the
19    license,  in  writing,  of any charges made, and shall afford
20    him or her an  opportunity  to  be  heard  in  person  or  by
21    counsel. The notice may be served by personal delivery to the
22    accused  person  or  by  registered mail to the last place of
23    business specified by the accused person in the  notification
24    to the Agency.
25        (c)  At the time and place fixed in the notice, the Board
26    shall  proceed  to  the  hearing  of the charges and both the
27    accused person and the complainant shall  be  accorded  ample
28    opportunity   to  present,  in  person  or  by  counsel,  any
29    statement, testimony,  evidence,  or  argument  that  may  be
30    pertinent  to  the  charges  or  to  any  defense against the
31    charges. The Board may continue  the  hearing  from  time  to
32    time.  If  the  Board is not sitting at the time and place to
33    which the hearing has  been  continued,  the  Department  may
 
                            -12-     LRB093 05703 EFG 13933 a
 1    continue  the hearing for a period not to exceed 30 days, and
 2    all parties in interest shall be given notice in  writing  of
 3    the date and hour to which the hearing has been continued and
 4    the place at which it is to be held.

 5        Section 75.  Review.
 6        (a)  All final administrative decisions of the Department
 7    shall   be   subject  to  judicial  review  pursuant  to  the
 8    provisions  of  the  Administrative  Review  Law,   and   all
 9    amendments  and  modifications thereof, and the rules adopted
10    pursuant  thereto.  The  term  "administrative  decision"  is
11    defined as in Section 3-101 of the Code of  Civil  Procedure.
12    The proceedings for judicial review shall be commenced in the
13    circuit  court  of the county in which the party applying for
14    review resides.  If the party  is  not  a  resident  of  this
15    State, the venue shall be in Sangamon County.
16        (b)  The  Department shall not be required to certify any
17    record to the court or file any answer in court or  otherwise
18    appear  in  any  court in a judicial review proceeding unless
19    there is filed in the court with the complaint a receipt from
20    the  Department  acknowledging  payment  of  the   costs   of
21    furnishing  and  certifying  the record, which costs shall be
22    computed at the rate of 20 cents  per  page  of  the  record.
23    Exhibits shall be certified without cost. Failure on the part
24    of  the plaintiff to file the receipt with the court shall be
25    grounds for dismissal of the action.

26        Section 80.  Injunction.
27        (a)  Operating or assisting in the operation of  a  crane
28    in  this  State  or offering to operate, assist, or use or to
29    advertise or otherwise represent to the public any  title  or
30    description  implying  that the person is a crane or hoisting
31    equipment operator or apprentice by a  person  who  does  not
32    possess  a  valid  and  current  license  under  this  Act is
 
                            -13-     LRB093 05703 EFG 13933 a
 1    declared to be against the public welfare and to constitute a
 2    public nuisance.
 3        (b)  The Attorney  General,  the  Director,  the  State's
 4    Attorney for any county in the State, or any resident citizen
 5    may maintain an action in the name of the people of the State
 6    of  Illinois to perpetually enjoin any person from unlawfully
 7    operating as  a  crane  or  hoisting  equipment  operator  or
 8    apprentice   and  from  committing  or  continuing  any  such
 9    unlawful act.
10        (c)  In all proceedings, the court,  in  its  discretion,
11    may  apportion  the costs among the parties interested in the
12    suit, including the costs of filing the complaint, service of
13    process, witness fees and expenses, court  reporter  charges,
14    and   reasonable  attorneys'  fees.  This  proceeding  is  in
15    addition to and not in lieu of criminal prosecution.

16        Section 85.  Penalties.
17        (a)  Any person who operates a crane or a hoist  in  this
18    State  without obtaining an operator's license under this Act
19    from the Agency shall be guilty of a business offense and for
20    the first violation shall be fined not more than $1,000,  for
21    a  second  violation shall be fined not more than $3,000, and
22    for a third or subsequent conviction shall be fined not  more
23    than $5,000.
24        (b)  Any  employer,  contractor  or  agent  who knowingly
25    permits any individual to operate a crane or a hoist in  this
26    State  without  the  individual possessing a valid operator's
27    license issued under this Act shall be guilty of  a  Class  A
28    misdemeanor  and  may  be  fined not more than $1,000 for the
29    first offense, not more than $3,000 for the  second  offense,
30    and not more than $5,000 for a third or subsequent offense.
31        (c)  Any  person  who assists in the operation of a crane
32    or hoist in this  State  without  obtaining  an  apprentice's
33    license  under  this  Act from the Board shall be guilty of a
 
                            -14-     LRB093 05703 EFG 13933 a
 1    business offense and for the first violation shall  be  fined
 2    not  more  than $1,000, for a second violation shall be fined
 3    not  more  than  $3,000,  and  for  a  third  or   subsequent
 4    conviction shall be fined not more than $5,000.
 5        (d)  Any  employer,  contractor  or  agent  who knowingly
 6    permits any individual to assist in the operation of a  crane
 7    or  hoist  in  this State without the individual possessing a
 8    valid apprentice's license issued under  this  Act  shall  be
 9    guilty  of  a  Class  A misdemeanor and may be fined not more
10    than $1,000 for the first offense, not more than  $3,000  for
11    the  second  offense, and not more than $5,000 for a third or
12    subsequent offense.

13        Section 90.  Rules.
14        (a)  The Department shall exercise the power  and  duties
15    prescribed  by  the Civil Administrative Code of Illinois for
16    the administration of licensing Acts and shall  exercise  any
17    other powers and duties invested by this Act.
18        (b)  The  Board  may promulgate rules consistent with the
19    provisions  of  this  Act,   for   the   administration   and
20    enforcement  thereof  and  may  prescribe forms that shall be
21    issued in connection therewith.

22        Section 900.  The State Finance Act is amended by  adding
23    Section 5.595 as follows:

24        (30 ILCS 105/5.595 new)
25        Sec. 5.595.  The Crane Operators Licensing Fund.

26        Section 999.  Effective date.  This Act takes effect upon
27    becoming law.".