A4570-2011 Actions

• Feb 4, 2011: referred to economic development

A4570-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4570
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 4, 2011
 
 Introduced  by  M.  of  A.  SCHROEDER  --  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-F to read as follows:

 ARTICLE 28-F
 LICENSING OF MASTER PLUMBERS
 SECTION 491. DEFINITIONS.
 491-A. LICENSE; MASTER PLUMBER.
 491-B. 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-ONE-B OF THIS ARTICLE.
 2. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
 3. "SECRETARY" MEANS THE SECRETARY OF STATE.
 

S 491-A. 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.
 LBD06845-01-1
 
       A. 4570                             2
 PLUMBER  THROUGHOUT  THE  STATE,  NOTWITHSTANDING  THE PROVISIONS OF THE
 GENERAL CITY LAW AND THE COUNTY LAW.
 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 491-B. 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. Effective immediately any  rules  and  regu
 lations  necessary to implement the provisions of this act on its effec
 tive date are authorized to be made on or before such date.

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