NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3871
SPONSOR: Gunther TITLE OF BILL:
An act to amend the general business law, in relation to establishing
voluntary licensing of master plumbers
PURPOSE:
To provide plumbers with the option of becoming licensed in New York
State.
SUMMARY OF PROVISIONS:
Section 1-adds a new article 28-F to the general business law. Section
2-contains the effective date.
EXISTING LAW:
Plumbers are not required to be licensed by New York State.
JUSTIFICATION:
Many plumbers who work primarily in New York State also work in states
such as Massachusetts and Vermont, that require a license for their
trade. New York State does not have this requirement in law which puts
New York plumbers at a disadvantage. This legislation would allow plum-
bers to perform work in states which require licenses through reciproci-
ty with other states, thereby providing a level playing field.
LEGISLATIVE HISTORY:
2021-22: A245 referred to Economic Development
2019-20: A3746 referred to Economic Development
2017-18: A856 Referred to Economic Development
2015-16: A981 Referred to Economic Development
2013-14: A1492 Referred to Economic Development
2011-12: A648 Held in Economic Development
2009-10: A8337Referred to Economic Development/S359 Referred to Consumer
Protection
2007-08: A8004 Held in Economic Development/S5084 Consumer Protection
2005-06: S6790 Referred to Consumer Protection
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided that any rules and regulations neces-
sary to implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
3871
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. GUNTHER, STECK, McDONOUGH, J. M. GIGLIO -- 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:
1 Section 1. The general business law is amended by adding a new article
2 28-G to read as follows:
3 ARTICLE 28-G
4 LICENSING OF MASTER PLUMBERS
5 Section 495. Definitions.
6 496. License; master plumber.
7 497. Board of examiners.
8 § 495. Definitions. As used in this article, unless the context
9 requires otherwise:
10 1. "Board" means the board of examiners for master plumbers estab-
11 lished by section four hundred ninety-seven of this article.
12 2. "Department" means the department of state.
13 3. "Secretary" means the secretary of state.
14 § 496. License; master plumber. 1. Any person who is a plumber in this
15 state may apply to the secretary for a license as a master plumber. Such
16 a license shall not be required for the purpose of engaging in the
17 profession of being a master plumber. However, such license shall be
18 indicative that the holder thereof has met the standards for training,
19 knowledge and experience necessary to be a master plumber, and also
20 authorize the holder thereof to engage in the profession of being a
21 master plumber in any other state which grants reciprocity to plumbers
22 licensed pursuant to this article. Furthermore, every person licensed
23 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.
LBD07073-01-3
A. 3871 2
1 plumber throughout the state, notwithstanding the provisions of the
2 general city law and the county law; provided, however, no license
3 issued pursuant to this article shall authorize any person to practice
4 as a plumber in any city having a population of one million or more.
5 2. Any plumber wishing to be licensed pursuant to this article shall:
6 (a) submit an application therefor to the secretary in such form and
7 manner as prescribed by the secretary and containing such information as
8 the board determines to be necessary to determine the qualifications and
9 fitness for licensing of the applicant;
10 (b) submit the application fee prescribed by the board; and
11 (c) complete an examination established by the board.
12 3. Every person who successfully passes the examination established by
13 the board and complies with the provisions of subdivision two of this
14 section shall be licensed pursuant to this article.
15 4. Every license issued pursuant to this article shall remain in
16 effect for a period of two years, and may be renewed for additional two
17 year periods upon submission of a renewal application and the applica-
18 tion fee established by the board.
19 § 497. Board of examiners. 1. There shall be established within the
20 department a board of examiners for master plumbers. Such board shall
21 consist of thirteen members as follows: the secretary, or his or her
22 designee; four members appointed by the governor; four members appointed
23 by the temporary president of the senate; and four members appointed by
24 the speaker of the assembly. The appointed members shall be broadly
25 representative of persons engaged in the profession of being a master
26 plumber. Each appointed member of the board shall be appointed for a
27 term of two years. Any member may be reappointed for additional terms.
28 The state fire administrator shall serve as an additional non-voting
29 member of the board and shall serve as the chair.
30 2. The board shall meet not less than three times a year.
31 3. The board shall promulgate rules and regulations establishing:
32 (a) the scope of the profession of being a master plumber;
33 (b) qualifications for being a licensed master plumber;
34 (c) an examination to determine the knowledge of persons applying for
35 a license pursuant to this article; and
36 (d) fees for licenses and renewals thereof pursuant to this article.
37 4. The secretary shall designate an employee of the department to act
38 as secretary to the board, and shall provide such board with such steno-
39 graphic or other assistance as may be necessary.
40 5. Members of the board shall receive no compensation but shall be
41 entitled to actual and necessary traveling and other expenses while
42 engaged in the performance of such member's duties pursuant to this
43 article.
44 § 2. This act shall take effect on the one hundred eightieth day after
45 it shall have become a law. Effective immediately, the addition, amend-
46 ment and/or repeal of any rule or regulation necessary for the implemen-
47 tation of this act on its effective date are authorized to be made and
48 completed on or before such date.
