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Sen. John J. Millner
Filed: 3/12/2009
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| AMENDMENT TO SENATE BILL 1375
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| AMENDMENT NO. ______. Amend Senate Bill 1375 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Crane
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| Licensing Public Safety Act.
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| Section 5. Legislative purpose. The General Assembly finds |
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| that in order to
promote job safety and to protect life, limb, |
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| and property, the operation
of crane
and hoisting equipment is |
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| a matter of public interest. It is further declared
to be a
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| matter of public interest that the operation of cranes and |
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| hoisting equipment
used in the performance of construction, |
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| renovation, and demolition should
merit and receive the |
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| confidence of the public and that the State of
Illinois
should |
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| license persons who operate or assist in the operation of crane |
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| and
hoisting equipment. This Act should be liberally construed |
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| to carry out these
subjects and purposes.
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| Section 10. Definitions. For the purposes of this Act, |
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| unless the context
otherwise requires:
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| "Articulating crane" or "knuckle-boom crane" means a crane |
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| on which the boom consists of a series of folding, pin |
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| connected structural members, typically manipulated to extend |
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| or retract by power from hydraulic cylinders. |
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| "Board" means the Crane Operators Licensing Board.
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| "Boom" means an inclined spar, strut, or other long |
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| structural member which supports the upper hoisting tackle on a |
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| crane or derrick. Typically, the length and vertical angle of |
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| the boom can be varied to achieve increased height or height |
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| and reach when lifting loads. Booms can usually be grouped into |
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| general categories of hydraulically extendible, cantilevered |
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| type, latticed section, cable supported type or articulating |
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| type. On tower cranes, if the principle horizontal structure is |
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| fixed, it is referred to as a jib; if it is moveable up and |
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| down, it is referred to as a boom.
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| "Crane" means any hoisting equipment that can lift, rotate, |
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| or move a
suspended load in excess of 10,000 pounds, unless |
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| otherwise specified in this Act, horizontally or vertically, |
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| unless otherwise specified under this Act, including, but not |
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| limited to,
hydraulic cranes, friction cranes, derricks, jib |
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| hoists, gantry,
bridge cranes,
floating cranes of any kind, |
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| articulating or knuckle-boom, crawler cranes, mobile cranes |
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| such as wheel mounted, rough-terrain, all-terrain, truck |
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| mounted, carry deck, and mini-cranes,
air-borne hoisting |
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| equipment, and tower cranes.
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| "Department" means the Department of Financial and |
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| Professional Regulation.
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| "Derrick" means an apparatus consisting of a mast or |
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| equivalent member held at the head by guys or braces, with or |
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| without a boom, for use with a hoisting mechanism and operating |
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| ropes.
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| "Electric line truck" means a truck used to transport |
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| workers, tools, and materials and to serve as a traveling |
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| workshop for electric power line construction and maintenance |
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| work. Electric line trucks are sometimes equipped with a boom |
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| and auxiliary equipment for setting poles, digging holes, and |
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| elevating material or workers, including service trucks with |
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| mobile lifting devices designed specifically for use in the |
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| power line and electric service industries, such as digger |
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| derricks, when used for auguring holes to set power and utility |
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| poles or handling associated materials to be installed or |
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| removed from utility poles.
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| "Hoist" means and includes a material hoist (construction
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| elevator), air tugger (one drum), multi-drum hoist, overhead |
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| hoist, sideboom,
A-frame boom truck, or behind the cab truck |
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| mounted boom.
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| "Long boom" means a boom of a crane with or without any jib |
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| or extension that exceeds 90 feet when the crane is in |
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| operation. |
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| "Luffing jib" means an attachment to the main boom of a |
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| crane that can be raised or lowered independently of the main |
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| boom to change the horizontal reach of the crane. |
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| "Mini-crane" means a small self propelled crane designed to |
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| lift, rotate, or move a suspended load in excess of 500 pounds |
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| horizontally or vertically by using cables that run |
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| unencumbered over the boom or jib sheave. |
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| "Overhead crane" means overhead or bridge cranes, |
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| semi-gantry, cantilever gantry, wall cranes, storage bridge |
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| cranes, launching gantry cranes, and similar equipment, |
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| irrespective of whether it travels on tracks, wheels, or other |
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| means.
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| "Person" means an individual, partnership, corporation, |
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| business trust,
limited liability company, or other legal |
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| entity.
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| "Qualified person" means a person who, by possession of a |
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| recognized degree, certificate, or professional standing or |
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| who, by extensive knowledge, training, and experience, has |
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| successfully demonstrated the ability to solve or resolve |
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| problems relating to the subject matter, the work, or the |
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| project. "Qualified person" includes crane operators licensed |
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| under this Act.
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| "Secretary" means the Secretary of Financial and |
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| Professional Regulation. |
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| "Technician" means a crane manufacturer's trained |
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| representative or a person trained by a crane manufacturer for |
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| that type of crane. |
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| "Tower crane" means any fixed jib, hammerhead, luffing |
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| boom, or self-erecting or pedestal crane that can lift, rotate, |
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| or move a suspended load in excess of 1,000 pounds horizontally |
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| or vertically.
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| "Trailer crane" means a crane that is designed to be towed |
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| behind another vehicle, is unable to travel with a suspended |
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| load under it's own power, and is designed to lift, rotate, or |
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| move a suspended load in excess of 500 pounds horizontally or |
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| vertically by using cables that run unencumbered over the boom |
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| or jib sheave. |
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| Section 15. License required; application of Act.
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| (a) Beginning January 1, 2011, it shall be unlawful for a |
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| person to operate
a power-driven crane or hoist used in the |
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| performance of construction,
renovation, or demolition without |
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| first obtaining a crane operator's
license from the Department. |
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| This Act shall only apply to the operation of a crane for |
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| construction, renovation, or demolition projects where a |
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| permit is required from a local, State, or federal government |
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| body, department, or agency before work may commence or the |
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| operation of a crane for any construction, renovation, or |
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| demolition of a public road.
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| (b) Beginning January 1, 2011, it shall be unlawful for a |
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| person to assist
in
the operation of a power-driven crane or |
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| hoist used in the performance of
construction, renovation, or |
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| demolition without first obtaining
an
apprentice crane |
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| operator's license from the Department.
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| (c) The provisions of this Act do not apply to operators of |
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| powered
industrial forklift trucks, pallet trucks, rider |
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| trucks, fork trucks, lift
trucks, or telehandlers.
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| (d) The provisions of this Act do not apply to
equipment |
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| involved in grading, drainage, field tile, or irrigation.
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| (e) The provisions of this Act do not apply to activities |
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| connected with
agriculture or farming, other than |
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| construction, renovation, and demolition.
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| (f) The provisions of this Act do not apply to the |
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| operation of a
crane or a
hoist under the jurisdiction of the |
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| United States.
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| (g) The provisions of this Act do not apply to the |
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| operation of a crane or
hoist
used in a manufacturing or |
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| fabrication operation in a permanent location. |
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| (h) The provisions of this Act do not apply to the |
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| operation of an electric line truck.
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| (i) The provisions of this Act do not apply to any |
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| signalmen or riggers. |
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| (j) The provisions of this Act do not apply to equipment |
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| originally designed as a vehicle-mounted aerial device for |
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| lifting personnel and self propelled elevating platforms.
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| (k) The provisions of this Act do not apply to equipment |
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| that hoists by using a come-a-long or chainfall.
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| (l) The provisions of this Act do not apply to a mechanic's |
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| truck with a hoisting device when used in activities related to |
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| equipment maintenance and repair. |
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| (m) The provisions of this Act do not apply to hydraulic |
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| jacking systems. |
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| (n) The provisions of this Act do not apply to automotive |
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| wreckers and tow trucks when used to clear wrecks and haul |
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| vehicles.
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| Section 20. Qualifications for original crane operator's |
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| license. A person
is
qualified to obtain an original crane |
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| operator's license under this Act if he
or she
meets all of the |
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| following requirements:
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| (1) Is at least 21 years of age and has submitted a |
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| certified record
showing at least 1,000 hours of crane |
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| operation or related experience in the 5-year period
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| preceding his or her application.
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| (2) Has not violated any of the provisions of this Act |
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| for which
disciplinary action could be taken.
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| (3) Has passed a written examination prescribed by the |
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| Board.
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| (4) Has passed a practical examination prescribed by |
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| the Board.
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| (5) Has taken and passed a United States Department of |
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| Transportation drug test in the 90 days immediately |
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| preceding his or her application.
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| (6) Has submitted proof of a current United States |
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| Department of Transportation physical.
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| (7) Does not have a crane operator's license or crane |
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| operator's
apprentice license that is currently revoked or |
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| suspended by the Board or by
the
comparable licensing body |
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| in another jurisdiction.
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| Section 25. Qualifications for crane operator's apprentice |
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| license. A
person is qualified to obtain a crane operator's |
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| apprentice license under
this Act
if he or she meets all of the |
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| following requirements:
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| (1) Is at least 18 years of age.
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| (2) Has passed a written examination as prescribed by |
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| the
Board.
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| (3) Has not violated any of the provisions of this Act |
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| for which
disciplinary action could be taken.
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| (4) Has taken and passed a United States Department of |
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| Transportation drug test in the 90 days immediately |
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| preceding his or her application. |
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| (5) Has submitted proof of a current United States |
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| Department of Transportation physical.
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| (6) Does not have a crane operator's license or crane |
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| operator's
apprentice license that is currently revoked or |
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| suspended by the Board or by a
comparable licensing body in |
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| another jurisdiction.
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| Section 30. Application for original crane operator's |
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| license.
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| (a) Applications for original licenses shall be made to the |
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| Department in
writing
on forms prescribed by the Board and |
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| shall be accompanied by the required fee,
which
shall not be |
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| returnable. The application shall require the information |
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| that, in
the judgment
of the Board, will enable the Department |
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| to pass on the qualifications of the
applicant for
a license.
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| (b) The Department may authorize the examination of |
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| applicants at any time
and
place that it may determine. The |
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| Department shall make reasonable efforts
to provide
testing |
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| sites reflecting the geographical distribution of applicants'
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| residences. The Department may only contract with joint |
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| apprenticeship and training committees operated under the |
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| federal Labor Management Relations Act for the conducting and |
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| administering of written and practical exams of applicants, |
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| except that the Department may contract with public utilities |
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| for conducting and administering written and practice exams of |
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| applicants in their employment. The
examination of applicants |
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| shall be of a character to give a fair test of the
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| qualifications of
the applicant to practice. The Department may |
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| employ consultants for the purpose of
preparing and conducting |
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| examinations.
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| (c) Applicants for examination shall be required to pay, |
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| either to the
Department or the designated testing service, a |
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| fee covering the cost of
providing
the examination. If an |
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| applicant neglects, fails, or refuses to take an
examination
or |
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| fails to pass an examination for a license under this Act |
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| within 3 years
after
filing his or her application, the |
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| application is denied. However, the
applicant
may
thereafter |
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| make a new application accompanied by the required fee.
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| (d) Crane operator's licenses shall be valid for a period
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| of 5 years.
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| Section 35. License classifications.
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| (a) The Department may issue various classes of licenses |
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| reflecting the
different
levels of competency of a crane |
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| operator. The classification of licenses shall
include all
of |
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| the following:
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| (1) Tower crane operator's license. This license shall |
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| authorize the
operation of tower cranes and derricks |
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| operated from a fixed location within,
attached to, or |
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| adjacent to the building undergoing construction, repair, |
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| or
demolition. Classes of tower crane operator's license |
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| shall include all of the
following:
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| (A) Stationary tower cranes.
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| (B) Self-erecting or mobile.
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| (2) Mobile crane operator's license. This license |
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| shall authorize the
operation of mobile cranes regardless |
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| of mounting or means of mobility,
including track-mounted |
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| cranes, crawler cranes, truck-mounted cranes. Classes of |
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| mobile crane operator's license shall include
all of the |
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| following:
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| (A) Friction crawler and truck with a lattice boom |
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| of 90 feet or less without luffing jib.
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| (B) Hydraulic lattice boom crawler and truck with a |
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| boom of 90 feet or less without luffing jib.
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| (C) All hydraulic cranes with a telescoping boom of |
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| 90 feet or less without luffing jib.
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| (D) Any mobile crane with a long boom or luffing |
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| jib.
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| (3) Boom truck operator's license. This license shall |
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| authorize the
operation of boom trucks regardless of |
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| mounting or means of mobility. Classes
of
boom truck |
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| operator's license shall include all of the following:
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| (A) Boom truck.
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| (B) A-frame.
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| (C) Hydraulic sign truck.
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| (D) Articulating or knuckle-boom.
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| (4) Overhead crane operator's license. This license |
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| shall authorize the
operation of overhead trolley type |
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| cranes.
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| (5) Derrick crane operator license. This license shall |
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| authorize the operation of derrick cranes regardless of |
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| mounting or mobility. Classes of derrick crane operator |
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| license shall include the following: |
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| (A) Stiff leg. |
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| (B) Guy. |
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| (6) Mini-crane and trailer crane operator license. |
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| This license shall authorize the operation of mini-cranes |
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| and trailer cranes.
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| (7) Apprentice crane operator's license. This license |
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| shall authorize an
individual for the performance of work |
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| as an apprentice crane operator under the direct
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| supervision of a licensed crane operator.
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| (b) While operating a crane or hoist under this Act, an |
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| apprentice shall be continuously supervised by a licensed crane |
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| operator and follow each of the following requirements: |
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| (1) For equipment other than tower cranes, the licensed |
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| crane operator and the apprentice shall be in the direct |
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| line of sight of each other and shall communicate verbally |
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| or by hand signals. For tower cranes, the operator and the |
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| apprentice shall be in direct communication with each |
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| other. |
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| (2) The apprentice shall be supervised by the crane |
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| operator at all times, except for short breaks where the |
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| following circumstances exist: |
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| (A) The break lasts no longer than 15 minutes and |
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| there is no more than one break per hour. |
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| (B) Immediately prior to the break the crane |
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| operator informs the apprentice of the specific tasks |
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| that the apprentice is to perform and limitations that |
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| he or she is to adhere to during the crane operator's |
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| break. |
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| (C) The specific tasks that the apprentice will |
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| perform during the crane operator's break are within |
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| the apprentice's abilities. |
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| (D) The apprentice may not operate the equipment in |
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| any of the following circumstances: |
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| (i) If any part of the crane, load line, or |
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| load, including rigging and lifting accessories, |
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| if operated up to the crane's maximum working |
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| radius in the work zone could get within 20 feet of |
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| a power line that is up to 350 kV or within 50 feet |
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| of a power line that is over 350 kV. |
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| (ii) If the equipment is used to hoist |
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| personnel. |
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| (iii) In multiple-crane lifts. |
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| (iv) If the equipment is used over a shaft, |
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| cofferdam, or in a tank farm. |
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| (v) For multiple-lift rigging, except where |
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| the crane operator determines that the |
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| apprentice's skills are sufficient for this |
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| high-skill work.
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| (c) The Board shall set up appropriate written and |
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| practical testing
requirements
for each type of license to be |
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| issued. The Board may add additional
classifications of
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| licenses by rule as necessary to meet the changing technologies |
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| in the crane,
hoisting, and
construction industries.
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| Section 40. Testing. The Department shall conduct |
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| examinations of
applicants for crane operator's licenses and |
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| for crane operator's apprentice
licenses in accordance with |
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| subsection (b) of Section 30 of this Act.
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| Section 45. Renewal of crane operator's license.
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| (a) At the expiration of a crane operator's license, a |
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| licensee
may
apply
for renewal of his or her crane operator's |
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| license. A person is qualified to renew his or her crane
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| operator's license if he or she meets all of the following |
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| requirements:
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| (1) Has submitted a certified record showing crane |
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| operation of at least
1,000 hours in the 5-year period |
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| immediately preceding the application for renewal or
has |
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| passed a practical examination prescribed by the Board. If |
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| applying for renewal of a tower crane license, the |
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| applicant must submit a certified record showing at least |
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| 500 hours of operation of a tower crane in the 5-year |
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| period immediately preceding his or her application for |
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| renewal or have passed a practical examination prescribed |
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| by the Board.
|
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| (2) Has not violated any of the provisions of this Act |
21 |
| for which
disciplinary action could be taken.
|
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| (3) Has passed a written examination prescribed by the |
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| Board.
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| (4) Has taken and passed a United States Department of |
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| Transportation drug test in the 90 days preceding his or |
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| her application.
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| (5) Has submitted proof of a current United States |
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| Department of Transportation physical.
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| (6) Does not have a crane operator's license that is |
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| currently revoked or
suspended by the Board or by the |
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| comparable licensing body in another
jurisdiction.
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| (b) Renewal crane operator's licenses shall be valid for a |
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| period of 5
years after the date of issue.
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| Section 50. Military exemption. The Department shall |
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| reinstate a crane
operator's
license that expires while a |
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| licensee is in active military service of the
United States |
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| upon
application to the Department by the licensee within 2 |
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| years after termination
of the
military service, payment of the |
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| annual license fee, and submission of evidence
of the
military |
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| service. The license shall be reinstated without examination |
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| and
without payment
of the lapsed renewal fee.
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| Section 55. Fees; Crane Operators Licensing Fund.
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| (a) The Department shall impose the following fees for an
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| original
license
certification, replacement license, and for a |
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| renewal license issued under this Act: |
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| Original crane operator's license - $150 |
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| Each certification - $50 |
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| Renewal license - $100 |
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| Apprentice crane operator's license - $75 |
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| Replacement crane operator's license - $25.
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| (b) All fees and fines received by the Department pursuant |
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| to this Section
shall be deposited into the Crane Operators |
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| Licensing Fund, a special fund
created in the State Treasury. |
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| Moneys in the Fund may be used by the
Department, subject to |
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| appropriation, solely for the administration of this
Act.
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| Section 60. Board.
|
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| (a) The Crane Operators Licensing Board is created within |
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| the Department
and shall consist of the following voting |
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| members appointed by the Secretary:
|
11 |
| (1) Three members of the Board shall be members of |
12 |
| unions representing
operating engineers. These members |
13 |
| shall serve 3-year terms, except that of the
initial |
14 |
| members appointed, one shall be appointed for a term of one |
15 |
| year,
one for a
term of 2 years, and one for a term of 3 |
16 |
| years.
|
17 |
| (2) Two members of the Board shall be representatives |
18 |
| of the construction
industry. These members shall serve |
19 |
| 3-year terms, except that one of the initial members
shall
|
20 |
| be appointed for a term of 2 years.
|
21 |
| (3) One member of the Board shall be a representative |
22 |
| of the crane rental industry. This member shall serve a |
23 |
| 3-year term, except that
the
initial member shall be |
24 |
| appointed for a term of one year.
|
25 |
| (4) Three members of the Board shall be representatives |
|
|
|
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1 |
| of the building and
construction trades. These members |
2 |
| shall serve 3-year terms, except that of the
initial |
3 |
| members appointed, one shall be appointed for a term of one |
4 |
| year, one for a term of 2 years, and one for a term of 3 |
5 |
| years. No 2 members appointed under this item (4) may be |
6 |
| from the same craft or trade.
|
7 |
| (b) Each member shall have experience, knowledge, and |
8 |
| expertise relating
to the
subject matter of this Act.
|
9 |
| (c) Board members shall receive no compensation for their |
10 |
| services on the
Board,
but they may be reimbursed for their |
11 |
| actual expenses in serving on the Board.
|
12 |
| (d) The Board shall annually elect one of its members as |
13 |
| chairperson, one
as vice-chairperson, and one as secretary. No |
14 |
| officer of the Board shall be
elected
more than
twice in |
15 |
| succession to a full term in the same office. Each officer |
16 |
| shall serve
until his or
her successor has been elected and |
17 |
| qualified. If there is a vacancy in an
officer's
position, the |
18 |
| remaining Board members shall promptly fill it by appointing a
|
19 |
| member of
the Board to the vacant position for the unexpired |
20 |
| portion of the term.
|
21 |
| (e) Five members of the Board shall constitute a quorum. A |
22 |
| vacancy in the
membership of the Board shall not impair the |
23 |
| right of a quorum to exercise all
the rights
and perform all of |
24 |
| the duties of the Board.
|
25 |
| (f) The Secretary shall promptly appoint a person to fill |
26 |
| any vacancy on the
Board
for the unexpired portion of the term. |
|
|
|
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|
1 |
| (g) No more than 3 members of the Board may be |
2 |
| representatives of the International Union of Operating |
3 |
| Engineers at any one time. |
4 |
| (h) The weight thresholds set forth in Section 35 of this |
5 |
| Act for the classifications of cranes may not be reduced by the |
6 |
| Board at any time.
|
7 |
| Section 65. Grounds for disciplinary action.
|
8 |
| (a) The Board may refuse to issue or renew or may revoke or |
9 |
| suspend a
license or place on
probation, censure, or reprimand |
10 |
| a licensee, for one or any combination of the
following
causes:
|
11 |
| (1) The practice of any fraud or deceit in obtaining or |
12 |
| attempting to
obtain
a license.
|
13 |
| (2) Any gross negligence, incompetence, or misconduct |
14 |
| in the operation of
a crane or hoisting equipment while |
15 |
| under the influence of alcohol or another
drug.
|
16 |
| (3) Any gross negligence, incompetence, or misconduct |
17 |
| as
an apprentice assisting in the operation of a crane or |
18 |
| hoisting equipment while
under the influence of alcohol or |
19 |
| another drug.
|
20 |
| (4) The entry of any order by any circuit court |
21 |
| establishing that a person
holding a license under this Act |
22 |
| is a person subject to involuntary admission
under the |
23 |
| Mental Health and Developmental Disabilities Code. The |
24 |
| person may
have his or her license restored only upon the |
25 |
| determination by a circuit court
that
he or she has |
|
|
|
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| recovered from the mental illness that subjected him or her |
2 |
| to
involuntary admission and upon the determination of the |
3 |
| Board that the
license be
restored. Where the circumstances |
4 |
| so indicate, the Board may require an
examination prior to |
5 |
| restoring any license.
|
6 |
| (5) Failure to comply with any of the provisions of |
7 |
| this Act or any rules
adopted by the Department under this |
8 |
| Act.
|
9 |
| (6) Revocation or suspension of a license as a crane or |
10 |
| hoist operator or
apprentice in another jurisdiction.
|
11 |
| (7) Failure within 30 days to provide information |
12 |
| requested by the Board
as a result of a formal or informal |
13 |
| complaint to the Department that would
indicate a violation |
14 |
| of this Act.
|
15 |
| (b) The Board shall refuse to issue or renew and shall |
16 |
| revoke the license of
a
licensee who has been determined by the |
17 |
| Board to have more than 3 violations of
operating a crane |
18 |
| without possessing a crane operator's license under
subsection |
19 |
| (a) of
Section 115 or
more than 3 violations of assisting in |
20 |
| operating a crane without possessing an
apprentice
crane
|
21 |
| operator's license under subsection (c) of Section 115.
|
22 |
| Section 70. Crane inspectors.
|
23 |
| (a) The Department shall employ and the Board shall approve |
24 |
| crane inspectors. Crane inspectors shall have all of the |
25 |
| following powers and duties: |
|
|
|
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|
1 |
| (1) To assist the Board in carrying out its duties |
2 |
| under this Act. |
3 |
| (2) To periodically inspect cranes. |
4 |
| (3) To investigate accidents involving cranes. |
5 |
| (4) To inspect job sites to ensure that all crane and |
6 |
| hoisting equipment personnel are duly licensed or |
7 |
| inspected. |
8 |
| (5) Crane inspectors shall meet the requirements for an |
9 |
| original crane operators' license under this Act. |
10 |
| (6) Crane inspectors shall have the authority to issue |
11 |
| violations under this Act. |
12 |
| (b) The Department may employ additional personnel to |
13 |
| assist in
enforcing the provisions of this Act.
|
14 |
| Section 75. Load charts. All cranes, derricks, or hoists |
15 |
| covered under this Act shall have the appropriate legible load |
16 |
| chart for the crane with the crane at all times.
Penalties for |
17 |
| a violation of this Section shall be a petty offense punishable |
18 |
| by a fine of not less than $300 plus costs for a first |
19 |
| violation and $500 plus costs for a second or subsequent |
20 |
| violation. If a person is injured or killed due to knowingly |
21 |
| operating a crane or allowing the operation of a crane in |
22 |
| violation of this Section, the offending party is guilty of a |
23 |
| Class A misdemeanor.
|
24 |
| Section 80. Hearing.
|
|
|
|
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|
1 |
| (a) The Board may upon its own motion, and shall upon the |
2 |
| sworn complaint
in writing of any person setting forth charges |
3 |
| that, if proved, would
constitute grounds
under Section 65 for |
4 |
| refusal, suspension, or revocation of a license,
investigate |
5 |
| the
actions of any person holding or claiming to hold a |
6 |
| license.
|
7 |
| (b) The Board shall, at least 10 days prior to the date set |
8 |
| for the hearing
and before refusing to issue, suspend, or |
9 |
| revoke any
license,
notify the
applicant
or holder of the |
10 |
| license, in writing, of any charges made, and shall afford him
|
11 |
| or her an
opportunity to be heard in person or by counsel.
The |
12 |
| notice
may be served by personal delivery to the accused person |
13 |
| or
by registered mail to the last place of business specified |
14 |
| by the
accused person in the notification to the Agency.
|
15 |
| (c) At the time and place fixed in the notice, the Board |
16 |
| shall proceed to
the hearing of the charges and both the |
17 |
| accused person and the complainant
shall be accorded ample |
18 |
| opportunity to present, in person or by counsel, any
statement, |
19 |
| testimony, evidence, or argument that may be pertinent to the
|
20 |
| charges
or to any defense against the charges. The Board may |
21 |
| continue the hearing from
time to
time. If the Board is not |
22 |
| sitting at the time and place to which the hearing
has
been |
23 |
| continued, the Department may continue the hearing for a period |
24 |
| not to
exceed 30 days, and all parties in interest shall be |
25 |
| given notice in writing
of the
date and hour to which the |
26 |
| hearing has been continued and the place at which
it
is to be |
|
|
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| held.
|
2 |
| Section 85. Review.
|
3 |
| (a) All final administrative decisions of the Department |
4 |
| shall be
subject to judicial review pursuant to the provisions |
5 |
| of the Administrative
Review Law,
and all amendments and |
6 |
| modifications thereof, and the rules adopted pursuant
thereto.
|
7 |
| The term "administrative decision" is defined as in Section |
8 |
| 3-101 of the Code
of Civil
Procedure. The proceedings for |
9 |
| judicial review shall be commenced in the
circuit court
of the |
10 |
| county in which the party applying for review resides. If
the |
11 |
| party
is not a resident of this State, the venue shall be in |
12 |
| Sangamon County.
|
13 |
| (b) The Department shall not be required to certify any |
14 |
| record to the court
or
file any answer in court or otherwise |
15 |
| appear in any court in a judicial review
proceeding
unless |
16 |
| there is filed in the court with the complaint a receipt from |
17 |
| the
Department
acknowledging payment of the costs of furnishing |
18 |
| and certifying the record,
which costs
shall be computed at the |
19 |
| rate of 20 cents per page of the record. Exhibits
shall be
|
20 |
| certified without cost. Failure on the part of the plaintiff to |
21 |
| file the
receipt with the court shall
be grounds for dismissal |
22 |
| of the action.
|
23 |
| Section 90. Injunction.
|
24 |
| (a) Operating or assisting in the operation of a crane in |
|
|
|
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|
1 |
| this State or
offering to operate, assist, or use or to |
2 |
| advertise or otherwise represent
to
the public
any title or |
3 |
| description implying that the person is a crane or hoisting
|
4 |
| equipment
operator or apprentice by a person who does not |
5 |
| possess a valid and
current
license under this Act is declared |
6 |
| to be against the public welfare and to
constitute a public |
7 |
| nuisance.
|
8 |
| (b) The Attorney General, the Secretary, the
State's |
9 |
| Attorney for any county in the State, or any resident citizen |
10 |
| may
maintain
an action in the name of the people of the State |
11 |
| of Illinois to perpetually
enjoin
any person from unlawfully |
12 |
| operating as a crane or hoisting equipment
operator or |
13 |
| apprentice and from committing or continuing any such
unlawful |
14 |
| act.
|
15 |
| (c) In all proceedings, the court, in its discretion, may
|
16 |
| apportion the costs among the parties interested in the suit, |
17 |
| including the
costs of
filing the complaint, service of |
18 |
| process, witness fees and expenses, court
reporter
charges, and |
19 |
| reasonable attorneys' fees. This proceeding is in addition to |
20 |
| and
not
in lieu of criminal prosecution.
|
21 |
| Section 95. Penalties.
|
22 |
| (a) Any person who operates a crane or a hoist in this |
23 |
| State without
obtaining
an
operator's license under this Act |
24 |
| from the Agency shall be guilty of a business
offense
and for |
25 |
| the first violation shall be fined not more than $1,000, for a |
|
|
|
09600SB1375sam001 |
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|
|
1 |
| second
violation shall
be fined not more than $3,000, and for a |
2 |
| third or subsequent conviction shall
be
fined not
more than |
3 |
| $5,000.
|
4 |
| (b) Any employer, contractor or agent who knowingly permits |
5 |
| any
individual to operate a crane or a hoist in this State |
6 |
| without the individual
possessing a valid operator's license |
7 |
| issued under this Act shall be guilty of
a
Class
A misdemeanor |
8 |
| and may be fined not more than $1,000 for the first offense,
|
9 |
| not more than $3,000 for the second offense, and not more than |
10 |
| $5,000 for a
third or
subsequent offense.
|
11 |
| (c) Any person who assists in the operation of a crane or |
12 |
| hoist in this
State
without
obtaining an apprentice's license |
13 |
| under this Act from the Board shall be guilty
of (i) a
petty |
14 |
| offense for the first violation and shall be fined not more |
15 |
| than
$1,000, (ii) a business offense for a
second violation and |
16 |
| shall be fined not more than $3,000, and (iii) a business |
17 |
| offense for a third or
subsequent
violation and shall be fined |
18 |
| not more than $5,000.
|
19 |
| (d) Any employer, contractor or agent who knowingly permits |
20 |
| any
individual to assist in the operation of a crane or hoist |
21 |
| in this State without
the
individual possessing a valid |
22 |
| apprentice's license issued under this Act shall
be
guilty
of a |
23 |
| Class A misdemeanor and may be fined not more than $1,000 for |
24 |
| the first
offense, not more than $3,000 for the second offense, |
25 |
| and not more than $5,000
for a third or subsequent offense. |
26 |
| (e) It shall be unlawful for any person to threaten, |
|
|
|
09600SB1375sam001 |
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LRB096 10483 ASK 22868 a |
|
|
1 |
| coerce, or intimidate a crane operator into operating a crane |
2 |
| that such person feels is unsafe.
|
3 |
| (f) Penalties for a violation of this Act not otherwise |
4 |
| stated shall be a petty offense punishable by a fine of not |
5 |
| less than $300 plus costs for a first violation and $500 plus |
6 |
| costs for a second or subsequent violation. If a person is |
7 |
| injured or killed due to knowingly operating a crane or |
8 |
| allowing the operation of a crane in violation of this Section, |
9 |
| the offending party is guilty of a Class A misdemeanor.
|
10 |
| Section 100. Rules.
|
11 |
| (a) The Department shall exercise the power and duties |
12 |
| prescribed by the
Civil Administrative Code of Illinois for the |
13 |
| administration of licensing Acts
and shall
exercise any other |
14 |
| powers and duties invested by this Act.
|
15 |
| (b) The Board may adopt rules consistent with the |
16 |
| provisions of
this Act, for the administration and enforcement |
17 |
| thereof and may prescribe
forms
that shall be issued in |
18 |
| connection therewith.
|
19 |
| Section 105. Accident investigations. Crane inspectors |
20 |
| employed by the Department under this Act shall investigate all |
21 |
| crane accidents resulting in injury to a person, property, or a |
22 |
| crane operated by a licensee under this Act. Inspectors must |
23 |
| submit a report, on forms prescribed by the Department, listing |
24 |
| all of the following: |
|
|
|
09600SB1375sam001 |
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LRB096 10483 ASK 22868 a |
|
|
1 |
| (1) The nature of the accident. |
2 |
| (2) Any injuries as a result of the accident. |
3 |
| (3) Any damage as a result of the accident. |
4 |
| (4) The owner of the crane. |
5 |
| (5) The licensee operating the crane and, if not a |
6 |
| licensee, the name of the individual operating the crane. |
7 |
| (6) The name of any company, contractor, corporation, |
8 |
| limited liability company, or person that the crane was |
9 |
| leased to or rented by or that the crane operator was |
10 |
| working for on the accident site. |
11 |
| (7) The last date of the annual inspection of the |
12 |
| crane. |
13 |
| (8) Any failure of a component, attachment, boom, or |
14 |
| structure of the crane. |
15 |
| Section 110. Verification of licensees. The Department |
16 |
| must maintain, during normal business hours, a system of |
17 |
| allowing the verification of a licensee's status and |
18 |
| certification. |
19 |
| Section 115. Jurisdictional disputes. Nothing in this Act |
20 |
| shall be deemed to resolve, decide, or have any bearing on any |
21 |
| jurisdictional dispute involving any labor organization. |
22 |
| Section 120. Documents and records. Any documents or |
23 |
| records required to be kept under this Act shall be made |
|
|
|
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|
|
1 |
| available to the Department or inspectors upon request.
|
2 |
| Section 125. OSHA compliance. This Act shall be construed |
3 |
| to comply with the requirements and regulations of the federal |
4 |
| Occupational Safety and Health Administration in the licensing |
5 |
| of crane operators by a governmental agency.
|
6 |
| Section 900. The Regulatory Sunset Act is amended by adding |
7 |
| Section 4.30 as follows: |
8 |
| (5 ILCS 80/4.30 new) |
9 |
| Sec. 4.30. Act repealed on January 1, 2020. The following |
10 |
| Act is repealed on January 1, 2020: |
11 |
| The Crane Licensing Public Safety Act. |
12 |
| Section 905. The State Finance Act is amended by adding |
13 |
| Section 5.719 as follows: |
14 |
| (30 ILCS 105/5.719 new) |
15 |
| Sec. 5.719. The Crane Operators Licensing Fund.
|
16 |
| Section 999. This Act takes effect upon becoming law.".
|