S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3871
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M. of A. GUNTHER, STECK, McDONOUGH, J. M. GIGLIO -- read
   once and referred to the Committee on Economic Development
 
 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-G to read as follows:
 
                               ARTICLE 28-G
                       LICENSING OF MASTER PLUMBERS
 
 SECTION 495. DEFINITIONS.
         496. LICENSE; MASTER PLUMBER.
         497. BOARD OF EXAMINERS.
   § 495. 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-SEVEN OF THIS ARTICLE.
   2. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   3. "SECRETARY" MEANS THE SECRETARY OF STATE.
   § 496. 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07073-01-3
              

 A. 3871                             2
 
 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.
   § 497. 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.