S T A T E   O F   N E W   Y O R K
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                                  1492

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. GUNTHER, GALEF, McDONOUGH, GIGLIO, BOYLAND --
  Multi-Sponsored by -- M.  of A. CROUCH, FINCH, HOOPER, PERRY,  WEISEN-
  BERG  --  read once and referred to the Committee on Economic Develop-
  ment

AN ACT to amend the general business law, in  relation  to  establishing
  voluntary licensing of master plumbers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
28-F to read as follows:

                              ARTICLE 28-F
                      LICENSING OF MASTER PLUMBERS

SECTION 491. DEFINITIONS.
        492. LICENSE; MASTER PLUMBER.
        493. BOARD OF EXAMINERS.
  S 491. DEFINITIONS. AS  USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
REQUIRES OTHERWISE:
  1.  "BOARD"  MEANS  THE  BOARD OF EXAMINERS FOR MASTER PLUMBERS ESTAB-
LISHED BY SECTION FOUR HUNDRED NINETY-THREE OF THIS ARTICLE.
  2. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  3. "SECRETARY" MEANS THE SECRETARY OF STATE.
  S 492. LICENSE; MASTER PLUMBER. 1. ANY PERSON WHO IS A PLUMBER IN THIS
STATE MAY APPLY TO THE SECRETARY FOR A LICENSE AS A MASTER PLUMBER. SUCH
A LICENSE SHALL NOT BE REQUIRED FOR  THE  PURPOSE  OF  ENGAGING  IN  THE
PROFESSION  OF  BEING  A  MASTER PLUMBER. HOWEVER, SUCH LICENSE SHALL BE
INDICATIVE THAT THE HOLDER THEREOF HAS MET THE STANDARDS  FOR  TRAINING,
KNOWLEDGE  AND  EXPERIENCE  NECESSARY  TO  BE A MASTER PLUMBER, AND ALSO
AUTHORIZE THE HOLDER THEREOF TO ENGAGE IN  THE  PROFESSION  OF  BEING  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02385-01-3

A. 1492                             2

MASTER  PLUMBER  IN ANY OTHER STATE WHICH GRANTS RECIPROCITY TO PLUMBERS
LICENSED PURSUANT TO THIS ARTICLE. FURTHERMORE,  EVERY  PERSON  LICENSED
PURSUANT  TO  THIS  ARTICLE  SHALL BE AUTHORIZED TO PRACTICE AS A MASTER
PLUMBER  THROUGHOUT  THE  STATE,  NOTWITHSTANDING  THE PROVISIONS OF THE
GENERAL CITY LAW AND THE  COUNTY  LAW;  PROVIDED,  HOWEVER,  NO  LICENSE
ISSUED  PURSUANT  TO THIS ARTICLE SHALL AUTHORIZE ANY PERSON TO PRACTICE
AS A PLUMBER IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  2. ANY PLUMBER WISHING TO BE LICENSED PURSUANT TO THIS ARTICLE SHALL:
  (A) SUBMIT AN APPLICATION THEREFOR TO THE SECRETARY IN SUCH  FORM  AND
MANNER AS PRESCRIBED BY THE SECRETARY AND CONTAINING SUCH INFORMATION AS
THE BOARD DETERMINES TO BE NECESSARY TO DETERMINE THE QUALIFICATIONS AND
FITNESS FOR LICENSING OF THE APPLICANT;
  (B) SUBMIT THE APPLICATION FEE PRESCRIBED BY THE BOARD; AND
  (C) COMPLETE AN EXAMINATION ESTABLISHED BY THE BOARD.
  3. EVERY PERSON WHO SUCCESSFULLY PASSES THE EXAMINATION ESTABLISHED BY
THE  BOARD  AND  COMPLIES WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION SHALL BE LICENSED PURSUANT TO THIS ARTICLE.
  4. EVERY LICENSE ISSUED PURSUANT  TO  THIS  ARTICLE  SHALL  REMAIN  IN
EFFECT  FOR A PERIOD OF TWO YEARS, AND MAY BE RENEWED FOR ADDITIONAL TWO
YEAR PERIODS UPON SUBMISSION OF A RENEWAL APPLICATION AND  THE  APPLICA-
TION FEE ESTABLISHED BY THE BOARD.
  S  493.  BOARD  OF EXAMINERS. 1. THERE SHALL BE ESTABLISHED WITHIN THE
DEPARTMENT A BOARD OF EXAMINERS FOR MASTER PLUMBERS.  SUCH  BOARD  SHALL
CONSIST  OF  THIRTEEN  MEMBERS AS FOLLOWS:  THE SECRETARY, OR HIS OR HER
DESIGNEE; FOUR MEMBERS APPOINTED BY THE GOVERNOR; FOUR MEMBERS APPOINTED
BY THE TEMPORARY PRESIDENT OF THE SENATE; AND FOUR MEMBERS APPOINTED  BY
THE  SPEAKER  OF  THE  ASSEMBLY.  THE APPOINTED MEMBERS SHALL BE BROADLY
REPRESENTATIVE OF PERSONS ENGAGED IN THE PROFESSION OF  BEING  A  MASTER
PLUMBER.  EACH  APPOINTED  MEMBER  OF THE BOARD SHALL BE APPOINTED FOR A
TERM OF TWO YEARS. ANY MEMBER MAY BE REAPPOINTED FOR  ADDITIONAL  TERMS.
THE  STATE  FIRE  ADMINISTRATOR  SHALL SERVE AS AN ADDITIONAL NON-VOTING
MEMBER OF THE BOARD AND SHALL SERVE AS THE CHAIR.
  2. THE BOARD SHALL MEET NOT LESS THAN THREE TIMES A YEAR.
  3. THE BOARD SHALL PROMULGATE RULES AND REGULATIONS ESTABLISHING:
  (A) THE SCOPE OF THE PROFESSION OF BEING A MASTER PLUMBER;
  (B) QUALIFICATIONS FOR BEING A LICENSED MASTER PLUMBER;
  (C) AN EXAMINATION TO DETERMINE THE KNOWLEDGE OF PERSONS APPLYING  FOR
A LICENSE PURSUANT TO THIS ARTICLE; AND
  (D) FEES FOR LICENSES AND RENEWALS THEREOF PURSUANT TO THIS ARTICLE.
  4.  THE SECRETARY SHALL DESIGNATE AN EMPLOYEE OF THE DEPARTMENT TO ACT
AS SECRETARY TO THE BOARD, AND SHALL PROVIDE SUCH BOARD WITH SUCH STENO-
GRAPHIC OR OTHER ASSISTANCE AS MAY BE NECESSARY.
  5. MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  BUT  SHALL  BE
ENTITLED  TO  ACTUAL  AND  NECESSARY  TRAVELING AND OTHER EXPENSES WHILE
ENGAGED IN THE PERFORMANCE OF SUCH  MEMBER'S  DUTIES  PURSUANT  TO  THIS
ARTICLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law. Provided that any rules and regulations
necessary to implement the provisions of this act on its effective  date
are authorized and directed to be completed on or before such date.