Bill S361-2013

Establishes voluntary licensure of master plumbers by the department of state

Establishes voluntary licensure of master plumbers by the department of state.

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  • Jan 8, 2014: REFERRED TO CONSUMER PROTECTION
  • Jan 9, 2013: REFERRED TO CONSUMER PROTECTION

Memo

BILL NUMBER:S361

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.7477 - Referred to Consumer Protection 2011-12: S.3106 - Referred to Consumer Protection

FISCAL IMPLICATIONS: To be determined.

LOCAL FISCAL IMPLICATIONS: To be determined.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 361 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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 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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