S T A T E O F N E W Y O R K
________________________________________________________________________
648
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GUNTHER, SAYWARD, GALEF, BURLING, McDONOUGH,
GIGLIO, BOYLAND -- Multi-Sponsored by -- M. of A. CROUCH, FINCH, HOOP-
ER, McENENY, PERRY, 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 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.
LBD02323-01-1
A. 648 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.