Senate Bill S7396

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7396
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 22, 2021
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the labor law, in relation to  licensing  of  millwright
   contractors and journeymen
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The labor law is amended by adding a new article 34 to read
 as follows:
                                ARTICLE 34
                            MILLWORK; LICENSING
 SECTION 960. DEFINITIONS.
         961. LARGE INDUSTRIAL TRADES BOARD.
         962. LICENSING.
         963. RULES AND REGULATIONS.
   § 960. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING DEFINITIONS:
   1. "MILLWRIGHT  WORK"  MEANS  THE  UNLOADING,  DISMANTLING,  ERECTING,
 ASSEMBLING,  ALIGNING AND ADJUSTING OF ALL APPARATUS, DEVICES AND COMPO-
 NENT PARTS OF GAS AND STEAM TURBINE POWERTRAINS AND EQUIPMENT  USED  FOR
 MANUFACTURING  AND  INDUSTRIAL  PROCESSORS,  EXCLUDING ALL PIPE, VALVES,
 FITTINGS AND ANY COMPONENT OF A PIPING  SYSTEM,  AS  WELL  AS  HOISTING,
 CRANE OPERATION OR ELECTRICAL WORK.
   2.  "BOARD"  MEANS  THE  LARGE  INDUSTRIAL TRADES BOARD ESTABLISHED BY
 SECTION NINE HUNDRED SIXTY-ONE OF THIS ARTICLE.
   § 961. LARGE INDUSTRIAL TRADES BOARD. A LARGE INDUSTRIAL TRADES  BOARD
 IS HEREBY ESTABLISHED, TO CONSIST OF NINE MEMBERS WHO SHALL BE RESIDENTS
 OF THIS STATE. THREE SUCH MEMBERS SHALL BE REPRESENTATIVES OF INDUSTRIAL
 TRADES MANAGEMENT, THREE OF WHOM SHALL BE REPRESENTATIVES FROM LABOR AND
 THREE  OF  WHOM  SHALL BE MEMBERS OF THE GENERAL PUBLIC. THE THREE LABOR
 REPRESENTATIVES SHALL BE JOURNEYPERSON MEMBERS OF  A  CARPENTER'S  UNION
 AND  TWO  OF SUCH MANAGEMENT REPRESENTATIVES SHALL BE MEMBERS OF THE NEW

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

                                                            LBD11506-01-1

 S. 7396                             2
 
 YORK STATE BUILDERS ASSOCIATION. THE JOURNEYMEN  MEMBERS  OF  THE  BOARD
 ESTABLISHED UNDER THIS SECTION SHALL BE APPOINTED BY THE GOVERNOR FROM A
 LIST OF NAMES SUBMITTED BY EMPLOYERS' AND EMPLOYEES' ASSOCIATIONS IN THE
 RESPECTIVE  OCCUPATIONS.  THE GOVERNOR MAY FILL ANY VACANCY OCCURRING IN
 THE MEMBERSHIP OF ANY SUCH BOARD, MAY REMOVE ANY MEMBER FOR CAUSE, AFTER
 NOTICE AND HEARING, AND SHALL REMOVE ANY LICENSED MEMBER  WHOSE  LICENSE
 IS  NOT  RENEWED OR WHOSE LICENSE HAS BECOME VOID, REVOKED OR SUSPENDED.
 EACH MEMBER OF SUCH BOARDS SHALL, BEFORE ENTERING  UPON  THE  DUTIES  OF
 SUCH  MEMBER'S  OFFICE,  TAKE THE CONSTITUTIONAL OATH OF OFFICE AND FILE
 THE SAME IN THE OFFICE OF THE SECRETARY OF STATE. MEMBERS SHALL  NOT  BE
 COMPENSATED  FOR  THEIR  SERVICES  BUT SHALL BE REIMBURSED FOR NECESSARY
 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   § 962. LICENSING. 1. THE COMMISSIONER, IN CONSULTATION WITH THE BOARD,
 SHALL AUTHORIZE THE ISSUANCE OF A LIMITED MILLWRIGHT CONTRACTOR  LICENSE
 TO ANY PERSON WHO HAS BEEN:
   (A) WORKING AS A MILLWRIGHT CONTRACTOR FOR NOT LESS THAN TWO YEARS, OR
   (B)  EMPLOYED  AS A MILLWRIGHT JOURNEYMAN FOR NOT LESS THAN TWO YEARS.
 IN THE EVENT SUCH JOURNEYMAN'S EXPERIENCE WAS GAINED IN  ANOTHER  STATE,
 SUCH JOURNEYMAN SHALL MAKE A SHOWING THAT SUCH EXPERIENCE WAS COMPARABLE
 TO SIMILAR SERVICE IN THIS STATE.
   2.  THE  COMMISSIONER, IN CONSULTATION WITH THE BOARD, SHALL AUTHORIZE
 THE ISSUANCE OF A LIMITED MILLWRIGHT JOURNEYMAN'S LICENSE TO ANY  PERSON
 WHO HAS:
   (A)  SUCCESSFULLY  COMPLETED  A  BONA FIDE APPRENTICESHIP PROGRAM THAT
 INCLUDED NOT LESS THAN FOUR YEARS OF EXPERIENCE, OR
   (B) DEMONSTRATED COMPETENCY TO THE BOARD BY SHOWING PROOF OF NOT  LESS
 THAN  EIGHT  THOUSAND  HOURS OF EMPLOYMENT IN THE TRADE DURING THE FIVE-
 YEAR PERIOD PRECEDING SUCH JOURNEYMAN'S LICENSE APPLICATION.
   § 963. RULES AND REGULATIONS. THE COMMISSIONER  MAY  PROMULGATE  RULES
 AND  REGULATIONS NECESSARY TO CARRY OUT AND EFFECTUATE THE PROVISIONS OF
 THIS ARTICLE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.