S T A T E   O F   N E W   Y O R K
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                                  11445

                          I N  A S S E M B L Y

                              June 14, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Weisenberg)
  -- read once and referred to the Committee  on  Economic  Development,
  Job Creation, Commerce and Industry

AN  ACT  to  amend the general business law, in relation to enacting the
  landscape irrigation contractor certification act

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

  Section  1. This act shall be known and may be cited as the "landscape
irrigation contractor certification act".
  S 2. The general business law is amended by adding a new article  33-C
to read as follows:
                               ARTICLE 33-C
                    LANDSCAPE IRRIGATION CONTRACTORS
SECTION 698-A. DEFINITIONS.
        698-B. CERTIFICATION REQUIRED.
        698-C. POWERS OF THE SECRETARY OF STATE.
        698-D. ADVISORY COMMITTEE.
        698-E. EXAMINATION.
        698-F. APPLICATION AND CERTIFICATION.
        698-G. RENEWAL OF CERTIFICATE.
        698-H. DENIAL, SUSPENSION AND REVOCATION OF CERTIFICATION.
        698-I. PERFORMANCE AS LANDSCAPE IRRIGATION CONTRACTOR
                AUTHORIZED.
        698-J. ENFORCEMENT.
        698-K. SEPARABILITY.
  S 698-A. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "COMMITTEE"  MEANS  THE  LANDSCAPE IRRIGATION CONTRACTORS ADVISORY
COMMITTEE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED NINETY-EIGHT-D  OF
THIS ARTICLE.
  2. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  3. "SECRETARY" MEANS THE SECRETARY OF STATE.
  4.  "LANDSCAPE IRRIGATION CONTRACTING" MEANS THE CONSTRUCTION, INSTAL-
LATION, REPAIR AND MAINTENANCE OF ANY PORTION OF A LANDSCAPE  IRRIGATION
SYSTEM,  BUT  SHALL NOT INCLUDE MINOR MAINTENANCE AND REPAIRS AS DEFINED

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

                                                           LBD15088-01-9

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BY THE SECRETARY UNDER THE POWERS GRANTED TO THE SECRETARY UNDER SECTION
SIX HUNDRED NINETY-EIGHT-C OF THIS ARTICLE.
  5.  "LANDSCAPE  IRRIGATION CONTRACTOR" MEANS A PERSON WHO IS CERTIFIED
TO DO LANDSCAPE IRRIGATION CONTRACTING.
  6. "LANDSCAPE  IRRIGATION  CONTRACTOR  CERTIFICATE"  OR  "CERTIFICATE"
MEANS THE CERTIFICATE ISSUED BY THE SECRETARY.
  7.  "LANDSCAPE  IRRIGATION SYSTEM" MEANS ANY ASSEMBLAGE OF COMPONENTS,
MATERIALS OR SPECIAL EQUIPMENT  WHICH  IS  CONSTRUCTED  AND  PERMANENTLY
INSTALLED  PREDOMINANTLY  UNDERGROUND FOR CONTROLLED DISPERSION OF WATER
FROM ANY SAFE AND SUITABLE SOURCE, INCLUDING PROPERLY  TREATED  WASTEWA-
TER,  FOR  THE PURPOSE OF IRRIGATING LANDSCAPE VEGETATION OR THE CONTROL
OF DUST AND EROSION ON  LANDSCAPED  AREAS,  INCLUDING  INTEGRAL  PUMPING
SYSTEMS  OR INTEGRAL CONTROL SYSTEMS FOR MANUAL, SEMI-AUTOMATIC OR AUTO-
MATIC CONTROL OF THE OPERATION OF THESE SYSTEMS.
  8. "DIRECT SUPERVISION" MEANS A PERSON ACTING UNDER  THE  INSTRUCTIONS
AND  CONTROL  OF AN INDIVIDUAL CERTIFIED TO CONDUCT LANDSCAPE IRRIGATION
CONTRACTING.
  S 698-B. CERTIFICATION REQUIRED. 1. NO  PERSON  SHALL  ENGAGE  IN  THE
BUSINESS  OF LANDSCAPE IRRIGATION CONTRACTING OR ADVERTISE AS BEING ABLE
SO TO DO UNLESS SUCH PERSON HAS OBTAINED FROM THE  SECRETARY  A  CERTIF-
ICATE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  2.  AN  AUTOMATIC  LANDSCAPE  IRRIGATION  SYSTEM,  INSTALLED AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, SHALL BE EQUIPPED WITH AN AUTOMATIC RAIN
SENSOR DEVICE OR SWITCH THAT WILL OVERRIDE THE IRRIGATION CYCLE  OF  THE
AUTOMATIC   LANDSCAPE  IRRIGATION  SYSTEM  WHEN  ADEQUATE  RAINFALL  HAS
OCCURRED. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO AN IRRI-
GATION SYSTEM INSTALLED TO IRRIGATE ANY FIELD CROPS, GRAIN,  SOY  BEANS,
HAY,  FRUITS,  VEGETABLES, CHRISTMAS TREES, HORTICULTURAL SPECIALTIES TO
BE OFFERED FOR SALE, INCLUDING NURSERY STOCK, ORNAMENTAL  SHRUBS,  ORNA-
MENTAL TREES, FLOWERS, AND TURF ON TURF FARMS.
  3.  THE  FOLLOWING  SHALL  NOT BE REQUIRED TO BE CERTIFIED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION:
  (A) AN EMPLOYEE WORKING UNDER  THE  DIRECT  SUPERVISION  OF  A  PERSON
CERTIFIED TO ENGAGE IN THE BUSINESS OF LANDSCAPE IRRIGATION CONTRACTING;
  (B)  A  LANDSCAPE  ARCHITECT  LICENSED PURSUANT TO ARTICLE ONE HUNDRED
FORTY-EIGHT OF THE EDUCATION LAW;
  (C) A PROFESSIONAL ENGINEER LICENSED PURSUANT TO ARTICLE  ONE  HUNDRED
FORTY-FIVE OF THE EDUCATION LAW;
  (D)  AN ARCHITECT LICENSED PURSUANT TO ARTICLE ONE HUNDRED FORTY-SEVEN
OF THE EDUCATION LAW;
  (E) A HOMEOWNER WHO INSTALLS A LANDSCAPE IRRIGATION SYSTEM AT  HIS  OR
HER PLACE OF RESIDENCE;
  (F) A BUSINESS OWNER WHO INSTALLS A LANDSCAPE IRRIGATION SYSTEM AT HIS
OR HER PLACE OF BUSINESS; AND
  (G)  ANYONE  INSTALLING  AN  IRRIGATION  SYSTEM  TO IRRIGATE ANY FIELD
CROPS, GRAIN, SOY  BEANS,  HAY,  FRUITS,  VEGETABLES,  CHRISTMAS  TREES,
HORTICULTURAL  SPECIALTIES  TO  BE  OFFERED  FOR SALE, INCLUDING NURSERY
STOCK, ORNAMENTAL SHRUBS, ORNAMENTAL TREES, FLOWERS, AND  TURF  ON  TURF
FARMS.
  S  698-C.  POWERS OF THE SECRETARY OF STATE. IN ADDITION TO THE POWERS
AND DUTIES PRESCRIBED ELSEWHERE IN THIS  ARTICLE,  THE  SECRETARY  SHALL
HAVE THE POWER TO:
  1.  APPOINT  AN  ADEQUATE  NUMBER  OF ASSISTANTS, INSPECTORS AND OTHER
EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS  ARTI-
CLE,  TO  PRESCRIBE  DUTIES,  AND  TO FIX COMPENSATION WITHIN THE AMOUNT
APPROPRIATED THEREFOR.

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  2. REVIEW THE QUALIFICATIONS OF APPLICANTS SEEKING CERTIFICATES  UNDER
THIS ARTICLE.
  3. KEEP RECORDS OF ALL CERTIFICATES ISSUED, SUSPENDED OR REVOKED.
  4.  PREPARE A MANUAL OF RULES AND REGULATIONS FOR THE CONDUCT OF EXAM-
INATIONS AND TO FURNISH COPIES THEREOF TO PERSONS  DESIRING  A  COPY  OF
SUCH  RULES  AND REGULATIONS UPON THE RECEIPT OF A REASONABLE FEE THERE-
FOR.
  5. ADOPT SUCH RULES AND REGULATIONS CONSISTENT WITH THE PROVISIONS  OF
THIS  ARTICLE,  AS MAY BE NECESSARY WITH RESPECT TO THE FORM AND CONTENT
OF APPLICATIONS FOR CERTIFICATES AND THE RECEPTION THEREOF, THE INVESTI-
GATION, EXAMINATION AND QUALIFICATIONS OF APPLICANTS AND  GENERAL  RULES
REGARDING THE INSTALLATION OF LANDSCAPE IRRIGATION SYSTEMS.
  6. ADOPT ANY OTHER MATTERS INCIDENTAL OR APPROPRIATE TO THE POWERS AND
DUTIES  AS  THE  SECRETARY PRESCRIBED BY THIS ARTICLE AND FOR THE PROPER
ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS ARTICLE.
  7. AMEND OR REPEAL ANY OF SUCH RULES AND REGULATIONS  CONSISTENT  WITH
THE PROVISIONS IN THIS ARTICLE.
  S  698-D. ADVISORY COMMITTEE. 1. THERE SHALL BE ESTABLISHED WITHIN THE
DEPARTMENT AN ADVISORY COMMITTEE WHICH SHALL CONSIST  OF  SEVEN  MEMBERS
BROADLY  REPRESENTING THE LANDSCAPE IRRIGATION CONTRACTING INDUSTRY. THE
SECRETARY  SHALL  APPOINT  SUCH  PERSONS  TO  SERVE  ON  THE  COMMITTEE,
PROVIDED,  THAT TWO SHALL BE APPOINTED BY THE SECRETARY ON THE RECOMMEN-
DATION OF THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  TWO  SHALL  BE
APPOINTED  BY  THE SECRETARY ON THE RECOMMENDATION OF THE SPEAKER OF THE
ASSEMBLY. THE SECRETARY SHALL APPOINT A CHAIRPERSON. EACH  MEMBER  SHALL
BE  APPOINTED  FOR A TERM OF TWO YEARS. ANY MEMBER MAY BE REAPPOINTED TO
SERVE ADDITIONAL TERMS. IN MAKING SAID APPOINTMENTS THE  SECRETARY  WILL
GIVE CONSIDERATION TO INSURING ADEQUATE GEOGRAPHIC REPRESENTATION.
  2.  THE  ADVISORY  COMMITTEE SHALL ADVISE THE SECRETARY ON ALL MATTERS
RELATING TO THIS ARTICLE, AND ON OTHER SUCH  MATTERS  AS  THE  SECRETARY
SHALL REQUEST.
  S  698-E.  EXAMINATION. 1. THE SECRETARY SHALL DEVELOP, OR CAUSE TO BE
DEVELOPED, A WRITTEN EXAMINATION TO EVALUATE THE KNOWLEDGE, ABILITY, AND
FITNESS OF APPLICANTS TO PERFORM AS LANDSCAPE IRRIGATION CONTRACTORS.
  2. THE EXAMINATION FEE SHALL BE ONE HUNDRED DOLLARS.
  S 698-F. APPLICATION AND CERTIFICATION.  1. A PERSON  SEEKING  CERTIF-
ICATION  AS  A  LANDSCAPE  IRRIGATION CONTRACTOR SHALL APPLY THEREFOR ON
FORMS PRESCRIBED AND PROVIDED BY THE SECRETARY, AND PAY THE  APPLICATION
FEE.  IN  ADDITION  TO  ANY  OTHER  INFORMATION OR DOCUMENTS THAT MAY BE
REQUIRED BY THE SECRETARY,  EACH  APPLICANT  SHALL  SUBMIT  SATISFACTORY
EVIDENCE THAT THE APPLICANT:
  (A) IS AT LEAST EIGHTEEN YEARS OF AGE;
  (B) HAS PASSED THE EXAMINATION REQUIRED PURSUANT TO SUBDIVISION ONE OF
SECTION SIX HUNDRED NINETY-EIGHT-E OF THIS ARTICLE; AND
  (C)  HAS  A  MINIMUM OF SIX MONTHS OF EXPERIENCE IN THE FIELD OF LAND-
SCAPE IRRIGATION.
  2. AFTER SUCCESSFULLY PASSING THE DESIGNATED  EXAMINATION  ANY  PERSON
DESIRING A CERTIFICATE TO ENGAGE IN THE BUSINESS OF LANDSCAPE IRRIGATION
CONTRACTING  MAY MAKE APPLICATION TO THE SECRETARY THEREFOR.  THE APPLI-
CATION SHALL BE SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY  THE  APPLI-
CANT  AS  TRUE UNDER THE PENALTIES OF PERJURY.  THE APPLICATION SHALL BE
IN SUCH FORM AND SHALL CONTAIN SUCH INFORMATION RELATIVE TO  THE  APPLI-
CANT  AND  HIS  OR HER QUALIFICATIONS AS MAY BE PRESCRIBED BY THE SECRE-
TARY. EACH APPLICATION SHALL BE ACCOMPANIED BY EVIDENCE OF THE APPLICANT
HAVING SUCCESSFULLY PASSED THE EXAMINATION  REQUIRED  PURSUANT  TO  THIS
ARTICLE.    UPON RECEIPT OF THE APPLICATION AND FEE, THE SECRETARY SHALL

A. 11445                            4

ISSUE TO SUCH QUALIFIED APPLICANT A CERTIFICATE TO ENGAGE IN  THE  BUSI-
NESS  OF LANDSCAPE IRRIGATION CONTRACTING.  THE CERTIFICATE SHALL EXPIRE
TWO YEARS FROM THE DATE OF ISSUANCE.
  3. THE APPLICATION FEE SHALL BE ONE HUNDRED DOLLARS.
  S  698-G.  RENEWAL  OF CERTIFICATE. 1. THE SECRETARY SHALL DEVELOP AND
ESTABLISH, IN  CONSULTATION  WITH  THE  ADVISORY  COMMITTEE  ESTABLISHED
PURSUANT  TO  SECTION  SIX HUNDRED NINETY-EIGHT-D OF THIS ARTICLE, RULES
AND REGULATIONS PERTAINING TO REQUIREMENTS FOR CONTINUING  EDUCATION  OF
CERTIFICATE  HOLDERS.  THE FEE FOR RENEWAL OF A CERTIFICATE SHALL BE ONE
HUNDRED TWENTY-FIVE DOLLARS.
  2. UPON PAYMENT OF THE REQUISITE  FEE  AND  SATISFACTORY  EVIDENCE  OF
COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS OF SUBDIVISION ONE
OF  THIS SECTION, THE SECRETARY SHALL RENEW THE CERTIFICATE FOR AN ADDI-
TIONAL TWO YEAR PERIOD. CERTIFICATE HOLDERS SEEKING A RENEWAL SHALL  NOT
BE  REQUIRED  TO  TAKE  THE EXAMINATION REQUIRED PURSUANT TO SECTION SIX
HUNDRED NINETY-EIGHT-E OF THIS ARTICLE.
  S 698-H. DENIAL, SUSPENSION AND REVOCATION OF CERTIFICATION. A CERTIF-
ICATE TO ENGAGE IN THE  BUSINESS  OF  LANDSCAPE  IRRIGATION  CONTRACTING
ISSUED  BY  THE  SECRETARY  PURSUANT  TO  THIS  ARTICLE  MAY  BE DENIED,
SUSPENDED OR REVOKED, FOR ANY ONE OR MORE OF THE FOLLOWING CAUSES:
  1. FRAUD OR BRIBERY IN SECURING A CERTIFICATE;
  2. ENGAGING IN DISHONESTY, FRAUD, DECEPTION, MISREPRESENTATION,  FALSE
PROMISE OR FALSE PRETENSE;
  3. GROSS NEGLIGENCE OR INCOMPETENCE;
  4. REPEATED ACTS OF NEGLIGENCE OR INCOMPETENCE; OR
  5.  VIOLATION  OF,  OR  FAILURE TO COMPLY WITH, THE PROVISIONS OF THIS
ARTICLE.
  S 698-I. PERFORMANCE AS LANDSCAPE  IRRIGATION  CONTRACTOR  AUTHORIZED.
1.  THE  ISSUANCE  OF A CERTIFICATE BY THE SECRETARY SHALL AUTHORIZE ANY
CERTIFICATE HOLDER TO PERFORM LANDSCAPE IRRIGATION  CONTRACTING  IN  ANY
MUNICIPALITY, COUNTY OR OTHER POLITICAL SUBDIVISION OF THE STATE, AND NO
FURTHER  EXAMINATION OR SPECIAL LICENSE SHALL BE REQUIRED OF THE CERTIF-
ICATE HOLDER, EXCEPT BUSINESS LICENSES,  PERMIT  FEES,  AND  SUCH  OTHER
STANDARD  LICENSES AND FEES AS MAY BE REQUIRED OF ANY PERSON DOING BUSI-
NESS WITHIN THE JURISDICTION OF SUCH POLITICAL SUBDIVISION.
  2. NOTHING SET FORTH IN THIS SECTION SHALL AUTHORIZE A LANDSCAPE IRRI-
GATION CONTRACTOR TO ENGAGE IN THE SCOPE OF PRACTICE OF  ANY  PROFESSION
REQUIRED TO BE LICENSED BY TITLE EIGHT OF THE EDUCATION LAW.
  3. NOTHING SET FORTH IN THIS SECTION SHALL AUTHORIZE A LANDSCAPE IRRI-
GATION CONTRACTOR TO USE A PROFESSIONAL TITLE OF ANY PROFESSION REQUIRED
TO BE LICENSED BY TITLE EIGHT OF THE EDUCATION LAW.
  S  698-J.  ENFORCEMENT.  1. ANY PERSON VIOLATING ANY PROVISION OF THIS
ARTICLE SHALL BE LIABLE FOR A  CIVIL  PENALTY  OF  NOT  MORE  THAN  FIVE
HUNDRED  DOLLARS  FOR  THE  FIRST OFFENSE AND NOT MORE THAN ONE THOUSAND
DOLLARS FOR THE SECOND AND EACH SUBSEQUENT OFFENSE. IN LIEU OF AN ADMIN-
ISTRATIVE  PROCEEDING,  THE  SECRETARY  MAY  BRING  AN  ACTION  FOR  THE
COLLECTION  OR  ENFORCEMENT  OF CIVIL PENALTIES FOR THE VIOLATION OF ANY
PROVISION OF THIS ARTICLE.
  2. WHENEVER IT SHALL APPEAR TO THE SECRETARY THAT A VIOLATION OF  THIS
ARTICLE HAS OCCURRED, IS OCCURRING OR WILL OCCUR, THE SECRETARY MAY SEEK
AND  OBTAIN  IN A SUMMARY PROCEEDING IN THE SUPREME COURT, AN INJUNCTION
PROHIBITING THE ACT OR PRACTICE. IN SUCH PROCEEDING THE COURT MAY  ENTER
THOSE  ORDERS  NECESSARY TO PREVENT THE PERFORMANCE OF AN UNLAWFUL PRAC-
TICE IN THE FUTURE AND ASSESS A CIVIL PENALTY  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS ARTICLE.

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  S  698-K.  SEPARABILITY.   IN THE EVENT IT IS DETERMINED BY A COURT OF
COMPETENT JURISDICTION THAT ANY PHRASE, CLAUSE, PART, SUBDIVISION, PARA-
GRAPH OR SECTION, OR ANY OTHER PROVISIONS OF THIS ARTICLE, IS  UNCONSTI-
TUTIONAL  OR  OTHERWISE INVALID OR INOPERATIVE, SUCH DETERMINATION SHALL
NOT  AFFECT  THE  VALIDITY OR EFFECT OF THE REMAINING PROVISIONS OF THIS
ARTICLE.
  S 3. This act shall take effect immediately except that subdivision  1
of section 698-b of the general business law, as added by section two of
this act, shall take effect 18 months after this act shall have become a
law.