SB3056 93RD GENERAL ASSEMBLY

LRB093 15390 AMC 40993 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3056

Introduced 2/6/2004, by Dan Rutherford

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.625 new

Creates the Crane Licensing Public Safety Act. Provides for licensure of crane operators and apprentice crane operators by the Department of Professional Regulation. Creates the Crane Operators Licensing Fund for the deposit of moneys collected under the Act. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning professional regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

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

Section 10. Definitions. For the purposes of this Act, unless the context otherwise requires:

"Board" means the Crane Operators Licensing Board.

"Crane" means (i) any hoisting equipment that lifts and rotates or moves a load in excess of 10,000 pounds horizontally or vertically, including but not limited to hydraulic cranes, friction cranes, derricks, jib hoists, gantry, bridge cranes, floating cranes of any kind, and air-borne hoisting equipment, and (ii) a tower crane that lifts and rotates or moves a load in excess of 2,500 pounds horizontally or vertically.

"Department" means the Department of Professional Regulation.

"Director" means the Director of Professional Regulation.

"Hoist" includes but is not limited to a material hoist (construction elevator), air tugger (one drum), multi-drum hoist, overhead hoist, sideboom, A-frame boom truck, or behind the cab truck mounted boom.

"Person" means an individual, partnership, corporation, business trust, limited liability company, or other legal entity.

Section 15. License required; application of Act.

(a) Beginning June 1, 2005, it shall be unlawful for a person to operate a power-driven crane or hoist used in the performance of construction, renovation, or demolition without first obtaining a crane operator's license from the Department.

(b) Beginning June 1, 2005, it shall be unlawful for a person to assist in the operation of a power-driven crane or hoist used in the performance of construction, renovation, or demolition without first obtaining an apprentice crane operator's license from the Department.

(c) The provisions of this Act do not apply to operators of powered industrial forklift trucks, pallet trucks, rider trucks, fork trucks, lift trucks, or telehandlers.

(d) The provisions of this Act do not apply to equipment involved in grading, drainage, field tile, or irrigation.

(e) The provisions of this Act do not apply to activities connected with agriculture or farming, other than construction, renovation, and demolition.

(f) The provisions of this Act do not apply to the operation of a crane or a hoist under the jurisdiction of the United States.

(g) The provisions of this Act do not apply to the operation of a crane or hoist used in a manufacturing operation for purposes other than construction, renovation, or demolition.

Section 20. Qualifications for original crane operator's license. A person is qualified to obtain an original crane operator's license under this Act if he or she meets all of the following requirements:

(1) Is at least 18 years of age and has submitted a certified record showing crane operation of at least 2000 hours in the 5-year period preceding his or her application.

(2) Has not violated any of the provisions of this Act for which disciplinary action could be taken.

(3) Has passed a written examination prescribed by the Board.

(4) Has passed a practical examination prescribed by the Board.

(5) Has taken a drug test prescribed by the Board.

(6) Does not have a crane operator's license or crane operator's apprentice license that is currently revoked or suspended by the Board or by the comparable licensing body in another jurisdiction.

Section 25. Qualifications for crane operator's apprentice license. A person is qualified to obtain a crane operator's apprentice license under this Act if he or she meets all of the following requirements:

(1) Is at least 18 years of age.

(2) Has passed a written examination as prescribed by the Department.

(3) Has not violated any of the provisions of this Act for which disciplinary action could be taken.

(4) Does not have a crane operator's license or crane operator's apprentice license that is currently revoked or suspended by the Board or by a comparable licensing body in another jurisdiction.

Section 30. Application for original crane operator's license.

(a) Applications for original licenses shall be made to the Department in writing on forms prescribed by the Board and shall be accompanied by the required fee, which shall not be returnable. The application shall require the information that, in the judgment of the Board, will enable the Department to pass on the qualifications of the applicant for a license.

(b) The Department may authorize the examination of applicants at any time and place that it may determine. The Department shall make reasonable efforts to provide testing sites reflecting the geographical distribution of applicants' residences. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice. The Agency may employ consultants for the purpose of preparing and conducting examinations.

(c) Applicants for examination shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. If an applicant neglects, fails, or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing his or her application, the application is denied. However, the applicant may thereafter make a new application accompanied by the required fee.

(d) Original crane operator's licenses shall be valid for a period of 5 years.

Section 35. License classifications.

(a) The Department may issue various classes of licenses reflecting the different levels of competency of a crane operator. The classification of licenses shall include all of the following:

(1) Full crane operator's license. This license shall authorize the operation of any crane or hoisting equipment listed in any category in this Section.

(2) Tower crane operator's license. This license shall authorize the operation of tower cranes and derricks operated from a fixed location within, attached to, or adjacent to the building undergoing construction, repair, or demolition. Classes of tower crane operator's license shall include all of the following:

(A) Stationary tower cranes.

(B) Derricks, stiff leg, and guy.

(C) Unrestricted.

(3) Mobile crane operator's license. This license shall authorize the operation of mobile cranes regardless of mounting or means of mobility, including track-mounted cranes, crawler cranes, truck-mounted cranes, and truck mounted towers cranes. Classes of mobile crane operator's license shall include all of the following:

(A) Friction crawler and truck.

(B) Hydraulic lattice boom crawler and truck.

(C) Hydraulic all terrain/rough terrain.

(D) Unrestricted.

(4) Boom truck operator's license. This license shall authorize the operation of boom trucks regardless of mounting or means of mobility. Classes of boom truck operator's license shall include all of the following:

(A) Boom truck.

(B) A-frame.

(C) Hydraulic sign truck.

(D) Unrestricted.

(5) Overhead crane operator's license. This license shall authorize the operation of overhead trolley type cranes.

(6) Drum hoist operator's license. This license shall authorize the operation of drum hoisting and rack and pinion types of equipment located within or affixed to the structure undergoing construction, repair, or demolition. Classes of drum hoist operator's license shall include:

(A) Drum hoists.

(B) Rack and pinion hoists.

(C) Unrestricted.

(7) Apprentice crane operator's license. This license shall authorize an individual for the performance of work as a crane operator under the direct supervision of a licensed crane operator.

(b) The Board shall set up appropriate written and practical testing requirements for each type of license to be issued. The Board may add additional classifications of licenses by rule as necessary to meet the changing technologies in the crane, hoisting, and construction industries.

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

Section 45. Renewal of crane operator's license.

(a) At the expiration of an original crane operator's license, a licensee may apply for a renewal crane operator's license. A person is qualified to obtain a renewal crane operator's license if he or she meets all of the following requirements:

(1) Has submitted a certified record showing crane operation of at least 2000 hours in the 5-year period of the original crane operator's license, or has passed a practical examination prescribed by the Board.

(2) Has not violated any of the provisions of this Act for which disciplinary action could be taken.

(3) Has passed a written examination prescribed by the Board.

(4) Has taken a drug test prescribed by the Board.

(5) Does not have a crane operator's license that is currently revoked or suspended by the Board or by the comparable licensing body in another jurisdiction.

(b) Renewal crane operator's licenses shall be valid for a period of 5 years.

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

Section 55. Fees; Crane Operators Licensing Fund.

(a) The Department shall impose a fee established by the Board for an original license and for a renewal license issued under this Act.

(b) All fees and fines received by the Department pursuant to this Section shall be deposited into the Crane Operators Licensing Fund, a special fund created in the State Treasury. Moneys in the Fund may be used by the Department, subject to appropriation, solely for the administration of this Act.

Section 60. Board; crane inspector.

(a) The Crane Operators Licensing Board is created within the Department and shall consist of the following voting members appointed by the Director:

(1) Three members of the Board shall be members of unions representing operating engineers. These members shall serve 3-year terms, except that of the initial members appointed, one shall be appointed for a term of one year, one for a term of 2 years, and one for a term of 3 years.

(2) One member of the Board shall be a representative of the construction industry. This member shall serve a 3-year term, except that the initial member shall be appointed for a term of 2 years.

(3) One member of the Board shall be a representative of the property and casualty insurance industry. This member shall serve a 3-year term, except that the initial member shall be appointed for a term of one year.

(4) One member of the Board shall be a representative of the building and construction trades. This member shall serve a 3-year term, except that the initial member shall be appointed for a term of 2 years.

(5) Two members of the Board shall be public members. These members shall serve 3-year terms, except that of the initial members appointed, one shall be appointed for a term of 2 years and one shall be appointed for a term of 3 years.

(b) Each member shall have experience, knowledge, and expertise relating to the subject matter of this Act.

(c) Board members shall receive no compensation for their services on the Board, but they may be reimbursed for their actual expenses in serving on the Board.

(d) The Board shall annually elect one of its members as chairperson, one as vice-chairperson, and one as secretary. No officer of the Board shall be elected more than twice in succession to a full term in the same office. Each officer shall serve until his or her successor has been elected and qualified. If there is a vacancy in an officer's position, the remaining Board members shall promptly fill it by appointing a member of the Board to the vacant position for the unexpired portion of the term.

(e) Four members of the Board shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights and perform all of the duties of the Board.

(f) The Director shall promptly appoint a person to fill any vacancy on the Board for the unexpired portion of the term.

(g) The Department shall employ and the Board shall approve a crane inspector. The crane inspector shall have all of the following powers and duties:

(1) To assist the Board in carrying out its duties under this Act.

(2) To periodically inspect cranes.

(3) To investigate accidents involving cranes.

(4) To inspect job sites to ensure that all crane and hoisting equipment personnel are duly licensed.

The Department may employ additional personnel to assist in enforcing the provisions of this Act.

Section 65. Licensing penalties.

(a) The Board may refuse to issue or renew or may revoke or suspend a license or place on probation, censure, or reprimand a licensee, for one or any combination of the following causes:

(1) The practice of any fraud or deceit in obtaining or attempting to obtain a license.

(2) Any gross negligence, incompetence, or misconduct in the operation of a crane or hoisting equipment while under the influence of alcohol or another drug.

(3) Any gross negligence, incompetence, or misconduct as an apprentice assisting in the operation of a crane or hoisting equipment while under the influence of alcohol or another drug.

(4) The entry of any order by any circuit court establishing that a person holding a license under this Act is a person subject to involuntary admission under the Mental Health and Developmental Disabilities Code. The person may have his or her license restored only upon the determination by a circuit court that he or she has recovered from the mental illness that subjected him or her to involuntary admission and upon the determination of the Board that the license be restored. Where the circumstances so indicate, the Board may require an examination prior to restoring any license.

(5) Failure to comply with any of the provisions of this Act or any rules adopted by the Department under this Act.

(6) Revocation or suspension of a license as a crane or hoist operator or apprentice in another jurisdiction.

(7) Failure within 60 days to provide information requested by the Board as a result of a formal or informal complaint to the Department that would indicate a violation of this Act.

(b) The Board shall refuse to issue or renew and shall revoke the license of a licensee who has been determined by the Board to have more than 3 violations of operating a crane without possessing a crane operator's license under subsection (a) of Section 85 or more than 3 violations of assisting in operating a crane without possessing a apprentice crane operator's license under subsection (c) of Section 85.

Section 70. Hearing.

(a) The Board may upon its own motion, and shall upon the sworn complaint in writing of any person setting forth charges that, if proved, would constitute grounds under Section 65 for refusal, suspension, or revocation of a license, investigate the actions of any person holding or claiming to hold a license.

(b) The Board shall, at least 10 days prior to the date set for the hearing and before refusing to issue, suspend, or revoke any license, notify the applicant or holder of the license, in writing, of any charges made, and shall afford him or her an opportunity to be heard in person or by counsel. The notice may be served by personal delivery to the accused person or by registered mail to the last place of business specified by the accused person in the notification to the Agency.

(c) At the time and place fixed in the notice, the Board shall proceed to the hearing of the charges and both the accused person and the complainant shall be accorded ample opportunity to present, in person or by counsel, any statement, testimony, evidence, or argument that may be pertinent to the charges or to any defense against the charges. The Board may continue the hearing from time to time. If the Board is not sitting at the time and place to which the hearing has been continued, the Department may continue the hearing for a period not to exceed 30 days, and all parties in interest shall be given notice in writing of the date and hour to which the hearing has been continued and the place at which it is to be held.

Section 75. Review.

(a) All final administrative decisions of the Department shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. The proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides. If the party is not a resident of this State, the venue shall be in Sangamon County.

(b) The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which costs shall be computed at the rate of 20 cents per page of the record. Exhibits shall be certified without cost. Failure on the part of the plaintiff to file the receipt with the court shall be grounds for dismissal of the action.

Section 80. Injunction.

(a) Operating or assisting in the operation of a crane in this State or offering to operate, assist, or use or to advertise or otherwise represent to the public any title or description implying that the person is a crane or hoisting equipment operator or apprentice by a person who does not possess a valid and current license under this Act is declared to be against the public welfare and to constitute a public nuisance.

(b) The Attorney General, the Director, the State's Attorney for any county in the State, or any resident citizen may maintain an action in the name of the people of the State of Illinois to perpetually enjoin any person from unlawfully operating as a crane or hoisting equipment operator or apprentice and from committing or continuing any such unlawful act.

(c) In all proceedings, the court, in its discretion, may apportion the costs among the parties interested in the suit, including the costs of filing the complaint, service of process, witness fees and expenses, court reporter charges, and reasonable attorneys' fees. This proceeding is in addition to and not in lieu of criminal prosecution.

Section 85. Penalties.

(a) Any person who operates a crane or a hoist in this State without obtaining an operator's license under this Act from the Agency shall be guilty of a business offense and for the first violation shall be fined not more than $1,000, for a second violation shall be fined not more than $3,000, and for a third or subsequent conviction shall be fined not more than $5,000.

(b) Any employer, contractor or agent who knowingly permits any individual to operate a crane or a hoist in this State without the individual possessing a valid operator's license issued under this Act shall be guilty of a Class A misdemeanor and may be fined not more than $1,000 for the first offense, not more than $3,000 for the second offense, and not more than $5,000 for a third or subsequent offense.

(c) Any person who assists in the operation of a crane or hoist in this State without obtaining an apprentice's license under this Act from the Board shall be guilty of (i) a petty offense for the first violation and shall be fined not more than $1,000, (ii) a business offense for a second violation and shall be fined not more than $3,000, and (iii) a business offense for a third or subsequent violation and shall be fined not more than $5,000.

(d) Any employer, contractor or agent who knowingly permits any individual to assist in the operation of a crane or hoist in this State without the individual possessing a valid apprentice's license issued under this Act shall be guilty of a Class A misdemeanor and may be fined not more than $1,000 for the first offense, not more than $3,000 for the second offense, and not more than $5,000 for a third or subsequent offense.

Section 90. Rules.

(a) The Department shall exercise the power and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing Acts and shall exercise any other powers and duties invested by this Act.

(b) The Board may promulgate rules consistent with the provisions of this Act, for the administration and enforcement thereof and may prescribe forms that shall be issued in connection therewith.

Section 900. The State Finance Act is amended by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Crane Operators Licensing Fund.

Section 999. This Act takes effect upon becoming law.