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A07014 Summary:

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A07014 Floor Votes:

A07014 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7014
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  BING, ESPAILLAT, PAULIN, MILLMAN, ZEBROWSKI,
          EDDINGTON -- Multi-Sponsored by -- M. of A. BRENNAN, GABRYSZAK, GALEF,
          GLICK, McENENY, PHEFFER, WEISENBERG -- read once and referred  to  the
          Committee on Codes
 
        AN  ACT to amend the penal law and the general business law, in relation
          to crane inspectors
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 4 of section 200.55 of the penal law, as added
     2  by chapter 463 of the laws of 2008, is amended to read as follows:
     3    4. [Provides] Wrongfully provides a copy of a  current  test  used  to
     4  determine  competence  in  a  licensed profession, trade, craft or other
     5  vocation.
     6    § 2. Section 486 of the general business law, as added by chapter  463
     7  of the laws of 2008, is amended to read as follows:
     8    §  486.  Crane  inspectors.  1. [Revocation. Notwithstanding any other
     9  provision of law, where it is proven, after a  hearing  on  the  merits,
    10  that a licensed crane inspector:
    11    a.  willfully  failed  to inspect a crane for which he or she filed an

    12  inspection report; or
    13    b. willfully falsified an inspection report; or
    14    c. willfully made material misstatements or material omissions  on  an
    15  inspection report; or
    16    d.  willfully accepted a bribe, regardless of its effect on his or her
    17  official duties;
    18    such crane inspector shall have his or her license to  inspect  cranes
    19  permanently  revoked.  Such  person shall be prohibited from obtaining a
    20  new license and shall not be re-licensed as a crane inspector. The state
    21  of New York shall respect and reciprocate  the  revocation  of  a  crane
    22  inspector's  license  from  another jurisdiction and shall be prohibited
    23  from issuing a new license or re-licensing such a crane inspector.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06810-01-9
        A. 7014                             2

     1    2.] Civil penalty and enforcement. Notwithstanding any other provision
     2  of law, where it is proven, after a hearing on the merits, that a  crane
     3  inspector:
     4    a.  willfully  failed  to inspect a crane for which he or she filed an
     5  inspection report; or
     6    b. willfully falsified an inspection report; or
     7    c. willfully made material misstatements or material omissions  on  an
     8  inspection report; or
     9    d.  willfully accepted a bribe, regardless of its effect on his or her
    10  official duties;

    11    such crane inspector shall be subject to a civil penalty of  not  less
    12  than  one  thousand dollars nor more than five thousand dollars for each
    13  such occurrence or transaction. The attorney general shall have [concur-
    14  rent] jurisdiction to enforce the provisions of this subdivision.
    15    [3] 2.  Scope. The provisions of this section shall not be  deemed  to
    16  establish an exclusive remedy, and shall not be deemed to bar the prose-
    17  cution of criminal charges in addition to any action brought pursuant to
    18  the provisions of this section.
    19    §  3.  This  act  shall take effect immediately and shall be deemed to
    20  have been in full force and effect on and after November 1, 2008.