Sen. John J. Millner

Filed: 3/12/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1375

2     AMENDMENT NO. ______. Amend Senate Bill 1375 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the Crane
5 Licensing Public Safety Act.
 
6     Section 5. Legislative purpose. The General Assembly finds
7 that in order to promote job safety and to protect life, limb,
8 and property, the operation of crane and hoisting equipment is
9 a matter of public interest. It is further declared to be a
10 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 should
14 license persons who operate or assist in the operation of crane
15 and hoisting equipment. This Act should be liberally construed
16 to carry out these subjects and purposes.
 

 

 

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1     Section 10. Definitions. For the purposes of this Act,
2 unless the context otherwise requires:
3     "Articulating crane" or "knuckle-boom crane" means a crane
4 on which the boom consists of a series of folding, pin
5 connected structural members, typically manipulated to extend
6 or retract by power from hydraulic cylinders.
7     "Board" means the Crane Operators Licensing Board.
8     "Boom" means an inclined spar, strut, or other long
9 structural member which supports the upper hoisting tackle on a
10 crane or derrick. Typically, the length and vertical angle of
11 the boom can be varied to achieve increased height or height
12 and reach when lifting loads. Booms can usually be grouped into
13 general categories of hydraulically extendible, cantilevered
14 type, latticed section, cable supported type or articulating
15 type. On tower cranes, if the principle horizontal structure is
16 fixed, it is referred to as a jib; if it is moveable up and
17 down, it is referred to as a boom.
18     "Crane" means any hoisting equipment that can lift, rotate,
19 or move a suspended load in excess of 10,000 pounds, unless
20 otherwise specified in this Act, horizontally or vertically,
21 unless otherwise specified under this Act, including, but not
22 limited to, hydraulic cranes, friction cranes, derricks, jib
23 hoists, gantry, bridge cranes, floating cranes of any kind,
24 articulating or knuckle-boom, crawler cranes, mobile cranes
25 such as wheel mounted, rough-terrain, all-terrain, truck

 

 

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1 mounted, carry deck, and mini-cranes, air-borne hoisting
2 equipment, and tower cranes.
3     "Department" means the Department of Financial and
4 Professional Regulation.
5     "Derrick" means an apparatus consisting of a mast or
6 equivalent member held at the head by guys or braces, with or
7 without a boom, for use with a hoisting mechanism and operating
8 ropes.
9     "Electric line truck" means a truck used to transport
10 workers, tools, and materials and to serve as a traveling
11 workshop for electric power line construction and maintenance
12 work. Electric line trucks are sometimes equipped with a boom
13 and auxiliary equipment for setting poles, digging holes, and
14 elevating material or workers, including service trucks with
15 mobile lifting devices designed specifically for use in the
16 power line and electric service industries, such as digger
17 derricks, when used for auguring holes to set power and utility
18 poles or handling associated materials to be installed or
19 removed from utility poles.
20     "Hoist" means and includes a material hoist (construction
21 elevator), air tugger (one drum), multi-drum hoist, overhead
22 hoist, sideboom, A-frame boom truck, or behind the cab truck
23 mounted boom.
24     "Long boom" means a boom of a crane with or without any jib
25 or extension that exceeds 90 feet when the crane is in
26 operation.

 

 

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1     "Luffing jib" means an attachment to the main boom of a
2 crane that can be raised or lowered independently of the main
3 boom to change the horizontal reach of the crane.
4     "Mini-crane" means a small self propelled crane designed to
5 lift, rotate, or move a suspended load in excess of 500 pounds
6 horizontally or vertically by using cables that run
7 unencumbered over the boom or jib sheave.
8     "Overhead crane" means overhead or bridge cranes,
9 semi-gantry, cantilever gantry, wall cranes, storage bridge
10 cranes, launching gantry cranes, and similar equipment,
11 irrespective of whether it travels on tracks, wheels, or other
12 means.
13     "Person" means an individual, partnership, corporation,
14 business trust, limited liability company, or other legal
15 entity.
16     "Qualified person" means a person who, by possession of a
17 recognized degree, certificate, or professional standing or
18 who, by extensive knowledge, training, and experience, has
19 successfully demonstrated the ability to solve or resolve
20 problems relating to the subject matter, the work, or the
21 project. "Qualified person" includes crane operators licensed
22 under this Act.
23     "Secretary" means the Secretary of Financial and
24 Professional Regulation.
25     "Technician" means a crane manufacturer's trained
26 representative or a person trained by a crane manufacturer for

 

 

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1 that type of crane.
2     "Tower crane" means any fixed jib, hammerhead, luffing
3 boom, or self-erecting or pedestal crane that can lift, rotate,
4 or move a suspended load in excess of 1,000 pounds horizontally
5 or vertically.
6     "Trailer crane" means a crane that is designed to be towed
7 behind another vehicle, is unable to travel with a suspended
8 load under it's own power, and is designed to lift, rotate, or
9 move a suspended load in excess of 500 pounds horizontally or
10 vertically by using cables that run unencumbered over the boom
11 or jib sheave.
 
12     Section 15. License required; application of Act.
13     (a) Beginning January 1, 2011, it shall be unlawful for a
14 person to operate a power-driven crane or hoist used in the
15 performance of construction, renovation, or demolition without
16 first obtaining a crane operator's license from the Department.
17 This Act shall only apply to the operation of a crane for
18 construction, renovation, or demolition projects where a
19 permit is required from a local, State, or federal government
20 body, department, or agency before work may commence or the
21 operation of a crane for any construction, renovation, or
22 demolition of a public road.
23     (b) Beginning January 1, 2011, 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

 

 

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1 demolition without first obtaining an apprentice crane
2 operator's license from the Department.
3     (c) The provisions of this Act do not apply to operators of
4 powered industrial forklift trucks, pallet trucks, rider
5 trucks, fork trucks, lift trucks, or telehandlers.
6     (d) The provisions of this Act do not apply to equipment
7 involved in grading, drainage, field tile, or irrigation.
8     (e) The provisions of this Act do not apply to activities
9 connected with agriculture or farming, other than
10 construction, renovation, and demolition.
11     (f) The provisions of this Act do not apply to the
12 operation of a crane or a hoist under the jurisdiction of the
13 United States.
14     (g) The provisions of this Act do not apply to the
15 operation of a crane or hoist used in a manufacturing or
16 fabrication operation in a permanent location.
17     (h) The provisions of this Act do not apply to the
18 operation of an electric line truck.
19     (i) The provisions of this Act do not apply to any
20 signalmen or riggers.
21     (j) The provisions of this Act do not apply to equipment
22 originally designed as a vehicle-mounted aerial device for
23 lifting personnel and self propelled elevating platforms.
24     (k) The provisions of this Act do not apply to equipment
25 that hoists by using a come-a-long or chainfall.
26     (l) The provisions of this Act do not apply to a mechanic's

 

 

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1 truck with a hoisting device when used in activities related to
2 equipment maintenance and repair.
3     (m) The provisions of this Act do not apply to hydraulic
4 jacking systems.
5     (n) The provisions of this Act do not apply to automotive
6 wreckers and tow trucks when used to clear wrecks and haul
7 vehicles.
 
8     Section 20. Qualifications for original crane operator's
9 license. A person is qualified to obtain an original crane
10 operator's license under this Act if he or she meets all of the
11 following requirements:
12         (1) Is at least 21 years of age and has submitted a
13     certified record showing at least 1,000 hours of crane
14     operation or related experience in the 5-year period
15     preceding his or her application.
16         (2) Has not violated any of the provisions of this Act
17     for which disciplinary action could be taken.
18         (3) Has passed a written examination prescribed by the
19     Board.
20         (4) Has passed a practical examination prescribed by
21     the Board.
22         (5) Has taken and passed a United States Department of
23     Transportation drug test in the 90 days immediately
24     preceding his or her application.
25         (6) Has submitted proof of a current United States

 

 

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1     Department of Transportation physical.
2         (7) Does not have a crane operator's license or crane
3     operator's apprentice license that is currently revoked or
4     suspended by the Board or by the comparable licensing body
5     in another jurisdiction.
 
6     Section 25. Qualifications for crane operator's apprentice
7 license. A person is qualified to obtain a crane operator's
8 apprentice license under this Act if he or she meets all of the
9 following requirements:
10         (1) Is at least 18 years of age.
11         (2) Has passed a written examination as prescribed by
12     the Board.
13         (3) Has not violated any of the provisions of this Act
14     for which disciplinary action could be taken.
15         (4) Has taken and passed a United States Department of
16     Transportation drug test in the 90 days immediately
17     preceding his or her application.
18         (5) Has submitted proof of a current United States
19     Department of Transportation physical.
20         (6) Does not have a crane operator's license or crane
21     operator's apprentice license that is currently revoked or
22     suspended by the Board or by a comparable licensing body in
23     another jurisdiction.
 
24     Section 30. Application for original crane operator's

 

 

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1 license.
2     (a) Applications for original licenses shall be made to the
3 Department in writing on forms prescribed by the Board and
4 shall be accompanied by the required fee, which shall not be
5 returnable. The application shall require the information
6 that, in the judgment of the Board, will enable the Department
7 to pass on the qualifications of the applicant for a license.
8     (b) The Department may authorize the examination of
9 applicants at any time and place that it may determine. The
10 Department shall make reasonable efforts to provide testing
11 sites reflecting the geographical distribution of applicants'
12 residences. The Department may only contract with joint
13 apprenticeship and training committees operated under the
14 federal Labor Management Relations Act for the conducting and
15 administering of written and practical exams of applicants,
16 except that the Department may contract with public utilities
17 for conducting and administering written and practice exams of
18 applicants in their employment. The examination of applicants
19 shall be of a character to give a fair test of the
20 qualifications of the applicant to practice. The Department may
21 employ consultants for the purpose of preparing and conducting
22 examinations.
23     (c) Applicants for examination shall be required to pay,
24 either to the Department or the designated testing service, a
25 fee covering the cost of providing the examination. If an
26 applicant neglects, fails, or refuses to take an examination or

 

 

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1 fails to pass an examination for a license under this Act
2 within 3 years after filing his or her application, the
3 application is denied. However, the applicant may thereafter
4 make a new application accompanied by the required fee.
5     (d) Crane operator's licenses shall be valid for a period
6 of 5 years.
 
7     Section 35. License classifications.
8     (a) The Department may issue various classes of licenses
9 reflecting the different levels of competency of a crane
10 operator. The classification of licenses shall include all of
11 the following:
12         (1) Tower crane operator's license. This license shall
13     authorize the operation of tower cranes and derricks
14     operated from a fixed location within, attached to, or
15     adjacent to the building undergoing construction, repair,
16     or demolition. Classes of tower crane operator's license
17     shall include all of the following:
18             (A) Stationary tower cranes.
19             (B) Self-erecting or mobile.
20         (2) Mobile crane operator's license. This license
21     shall authorize the operation of mobile cranes regardless
22     of mounting or means of mobility, including track-mounted
23     cranes, crawler cranes, truck-mounted cranes. Classes of
24     mobile crane operator's license shall include all of the
25     following:

 

 

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1             (A) Friction crawler and truck with a lattice boom
2         of 90 feet or less without luffing jib.
3             (B) Hydraulic lattice boom crawler and truck with a
4         boom of 90 feet or less without luffing jib.
5             (C) All hydraulic cranes with a telescoping boom of
6         90 feet or less without luffing jib.
7             (D) Any mobile crane with a long boom or luffing
8         jib.
9         (3) Boom truck operator's license. This license shall
10     authorize the operation of boom trucks regardless of
11     mounting or means of mobility. Classes of boom truck
12     operator's license shall include all of the following:
13             (A) Boom truck.
14             (B) A-frame.
15             (C) Hydraulic sign truck.
16             (D) Articulating or knuckle-boom.
17         (4) Overhead crane operator's license. This license
18     shall authorize the operation of overhead trolley type
19     cranes.
20         (5) Derrick crane operator license. This license shall
21     authorize the operation of derrick cranes regardless of
22     mounting or mobility. Classes of derrick crane operator
23     license shall include the following:
24             (A) Stiff leg.
25             (B) Guy.
26         (6) Mini-crane and trailer crane operator license.

 

 

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1     This license shall authorize the operation of mini-cranes
2     and trailer cranes.
3         (7) Apprentice crane operator's license. This license
4     shall authorize an individual for the performance of work
5     as an apprentice crane operator under the direct
6     supervision of a licensed crane operator.
7     (b) While operating a crane or hoist under this Act, an
8 apprentice shall be continuously supervised by a licensed crane
9 operator and follow each of the following requirements:
10         (1) For equipment other than tower cranes, the licensed
11     crane operator and the apprentice shall be in the direct
12     line of sight of each other and shall communicate verbally
13     or by hand signals. For tower cranes, the operator and the
14     apprentice shall be in direct communication with each
15     other.
16         (2) The apprentice shall be supervised by the crane
17     operator at all times, except for short breaks where the
18     following circumstances exist:
19             (A) The break lasts no longer than 15 minutes and
20         there is no more than one break per hour.
21             (B) Immediately prior to the break the crane
22         operator informs the apprentice of the specific tasks
23         that the apprentice is to perform and limitations that
24         he or she is to adhere to during the crane operator's
25         break.
26             (C) The specific tasks that the apprentice will

 

 

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1         perform during the crane operator's break are within
2         the apprentice's abilities.
3             (D) The apprentice may not operate the equipment in
4         any of the following circumstances:
5                 (i) If any part of the crane, load line, or
6             load, including rigging and lifting accessories,
7             if operated up to the crane's maximum working
8             radius in the work zone could get within 20 feet of
9             a power line that is up to 350 kV or within 50 feet
10             of a power line that is over 350 kV.
11                 (ii) If the equipment is used to hoist
12             personnel.
13                 (iii) In multiple-crane lifts.
14                 (iv) If the equipment is used over a shaft,
15             cofferdam, or in a tank farm.
16                 (v) For multiple-lift rigging, except where
17             the crane operator determines that the
18             apprentice's skills are sufficient for this
19             high-skill work.
20     (c) The Board shall set up appropriate written and
21 practical testing requirements for each type of license to be
22 issued. The Board may add additional classifications of
23 licenses by rule as necessary to meet the changing technologies
24 in the crane, hoisting, and construction industries.
 
25     Section 40. Testing. The Department shall conduct

 

 

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1 examinations of applicants for crane operator's licenses and
2 for crane operator's apprentice licenses in accordance with
3 subsection (b) of Section 30 of this Act.
 
4     Section 45. Renewal of crane operator's license.
5     (a) At the expiration of a crane operator's license, a
6 licensee may apply for renewal of his or her crane operator's
7 license. A person is qualified to renew his or her crane
8 operator's license if he or she meets all of the following
9 requirements:
10         (1) Has submitted a certified record showing crane
11     operation of at least 1,000 hours in the 5-year period
12     immediately preceding the application for renewal or has
13     passed a practical examination prescribed by the Board. If
14     applying for renewal of a tower crane license, the
15     applicant must submit a certified record showing at least
16     500 hours of operation of a tower crane in the 5-year
17     period immediately preceding his or her application for
18     renewal or have passed a practical examination prescribed
19     by the Board.
20         (2) Has not violated any of the provisions of this Act
21     for which disciplinary action could be taken.
22         (3) Has passed a written examination prescribed by the
23     Board.
24         (4) Has taken and passed a United States Department of
25     Transportation drug test in the 90 days preceding his or

 

 

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1     her application.
2         (5) Has submitted proof of a current United States
3     Department of Transportation physical.
4         (6) Does not have a crane operator's license that is
5     currently revoked or suspended by the Board or by the
6     comparable licensing body in another jurisdiction.
7     (b) Renewal crane operator's licenses shall be valid for a
8 period of 5 years after the date of issue.
 
9     Section 50. Military exemption. The Department shall
10 reinstate a crane operator's license that expires while a
11 licensee is in active military service of the United States
12 upon application to the Department by the licensee within 2
13 years after termination of the military service, payment of the
14 annual license fee, and submission of evidence of the military
15 service. The license shall be reinstated without examination
16 and without payment of the lapsed renewal fee.
 
17     Section 55. Fees; Crane Operators Licensing Fund.
18     (a) The Department shall impose the following fees for an
19 original license certification, replacement license, and for a
20 renewal license issued under this Act:
21         Original crane operator's license - $150
22         Each certification - $50
23         Renewal license - $100
24         Apprentice crane operator's license - $75

 

 

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1         Replacement crane operator's license - $25.
2     (b) All fees and fines received by the Department pursuant
3 to this Section shall be deposited into the Crane Operators
4 Licensing Fund, a special fund created in the State Treasury.
5 Moneys in the Fund may be used by the Department, subject to
6 appropriation, solely for the administration of this Act.
 
7     Section 60. Board.
8     (a) The Crane Operators Licensing Board is created within
9 the Department and shall consist of the following voting
10 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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1     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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1 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

 

 

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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,

 

 

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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:

 

 

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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.".