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

                                   981

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. GUNTHER, GALEF, STECK, McDONOUGH, GIGLIO, MONTES-
  ANO,  WALTER  -- Multi-Sponsored by -- M. of A. CROUCH, FINCH, HOOPER,
  PERRY, RIVERA -- 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.
        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
MASTER PLUMBER IN ANY OTHER STATE WHICH GRANTS RECIPROCITY  TO  PLUMBERS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01528-01-5
              

A. 981                              2

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 to be made on or before such date.