S3106-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Feb 8, 2011: REFERRED TO CONSUMER PROTECTION

S3106-2011 Memo

BILL NUMBER:S3106

TITLE OF BILL:
An act
to amend the general business law, in relation to establishing voluntary
licensing of master plumbers

PURPOSE:
Enactment of this legislation would supersede the licensure of master
plumbers by municipalities in New York State.

SUMMARY OF PROVISIONS:
Section 1 of the general business law is amended by adding a new
article 28-F implementing the licensing of master plumbers.

Section 491 would delineate the definitions used under this statute.

Section 491-a authorizes
the issuance of a license for master plumbers which
would permit such individual to practice anywhere within New York
State, subsequent to the individual passing an examination
established by the board created for such a purpose.

Section 491-b creates a board of examiners within the department
for master plumbers. It further establishes the members of such
board, the responsibilities placed on members of the board, fees for
licenses, and compensation and expenses for the board.

Section 2 enacts such law 180 days after it shall have become a law.

EXISTING LAW:
Plumbers are not required to be licensed by New York State.

JUSTIFICATION:
Many plumbers working in New York State are often subject to municipal
licensure, including numerous fees and varying levels of expertise.
Once a master plumber was to submit to this voluntary state
licensure, they would be removed from the burden of licensing within
such municipalities.

LEGISLATIVE HISTORY:
2007-08: Referred to Consumer Protection
2009-10: S.1971/A.7477Referred to  Consumer Protection.

FISCAL IMPLICATIONS:
To be determined.

LOCAL FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after it shall have become law.

S3106-2011 Text

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

                                    3106

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 8, 2011
                                 ___________

  Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Consumer Protection

  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

 S. 3106                             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.