S T A T E   O F   N E W   Y O R K
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    S. 368                                                    A. 810

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

IN  SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Consumer
  Protection

IN  ASSEMBLY -- Introduced by M. of A. SAYWARD -- read once and referred
  to the Committee on Economic Development, Job Creation,  Commerce  and
  Industry

AN  ACT  to  amend the general business law, in relation to establishing
  voluntary licensing of master electricians

  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 ELECTRICIANS

SECTION 491. DEFINITIONS.
        492. LICENSE; MASTER ELECTRICIAN.
        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 ELECTRICIANS ESTAB-
LISHED BY SECTION FOUR HUNDRED NINETY-THREE OF THIS ARTICLE.
  2. "DEPARTMENT" MEANS THE DEPARTMENT OF THE STATE.
  3. "SECRETARY" MEANS THE SECRETARY OF STATE.
  S 492. LICENSE; MASTER ELECTRICIAN. 1. ANY PERSON WHO IS  AN  ELECTRI-
CIAN  IN THIS STATE MAY APPLY TO THE SECRETARY FOR A LICENSE AS A MASTER
ELECTRICIAN. SUCH A LICENSE SHALL NOT BE REQUIRED  FOR  THE  PURPOSE  OF
ENGAGING  IN THE PROFESSION OF BEING A MASTER ELECTRICIAN. HOWEVER, SUCH

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

                                                           LBD00436-01-9

S. 368                              2                             A. 810

LICENSE SHALL BE INDICATIVE THAT THE HOLDER THEREOF HAS MET  THE  STAND-
ARDS  FOR  TRAINING,  KNOWLEDGE  AND EXPERIENCE NECESSARY TO BE A MASTER
ELECTRICIAN, AND ALSO AUTHORIZE THE HOLDER  THEREOF  TO  ENGAGE  IN  THE
PROFESSION OF BEING A MASTER ELECTRICIAN IN ANY OTHER STATE WHICH GRANTS
RECIPROCITY  TO ELECTRICIANS LICENSED PURSUANT TO THIS ARTICLE. FURTHER-
MORE, EVERY PERSON LICENSED PURSUANT TO THIS ARTICLE SHALL BE AUTHORIZED
TO PRACTICE AS A MASTER ELECTRICIAN THROUGHOUT THE STATE,  NOTWITHSTAND-
ING THE PROVISIONS OF THE GENERAL CITY LAW AND THE COUNTY LAW.
  2.  ANY  ELECTRICIAN  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  ELECTRICIANS.  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  ELECTRICIAN.  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 ADDI-
TIONAL 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 ELECTRICIAN;
  (B) QUALIFICATIONS FOR BEING A LICENSED MASTER ELECTRICIAN;
  (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 and directed to be completed on or before such effective
date.