S T A T E O F N E W Y O R K
________________________________________________________________________
8289--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 13, 2009
___________
Introduced by M. of A. BING, JAFFEE, KOON, PAULIN, LAVINE, GOTTFRIED,
CAHILL -- Multi-Sponsored by -- M. of A. GABRYSZAK, HOOPER, McDONOUGH,
McENENY, M. MILLER, REILLY, WEISENBERG -- read once and referred to
the Committee on Higher Education -- recommitted to the Committee on
Higher Education in accordance with Assembly Rule 3, sec. 2 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the education law, in relation to providing a limited
exemption from certification requirements for certain interior design-
ers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 8305 of the education law is amended by adding a
new subdivision 1-a to read as follows:
1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, APPLICANTS WHO HAVE BEEN PRACTICING INTERIOR DESIGN AS DEFINED
IN SECTION EIGHTY-THREE HUNDRED THREE OF THIS ARTICLE FOR FIFTEEN OR
MORE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION MAY APPLY TO
THE DEPARTMENT FOR, AND THE DEPARTMENT MAY GRANT, AN EXEMPTION FROM THE
REQUIREMENTS OF PARAGRAPHS (B) AND (D) OF SUBDIVISION ONE OF THIS
SECTION FOR A PERIOD OF UP TO TWO YEARS FROM THE EFFECTIVE DATE OF THIS
SUBDIVISION IN ACCORDANCE WITH THE PROVISIONS OF SECTION EIGHTY-THREE
HUNDRED SEVEN OF THIS ARTICLE.
S 2. Section 8307 of the education law is renumbered section 8308 and
a new section 8307 is added to read as follows:
S 8307. SPECIAL PROVISIONS. 1. A PERSON WHO HAS BEEN PRACTICING INTE-
RIOR DESIGN AS DEFINED IN SECTION EIGHTY-THREE HUNDRED THREE OF THIS
ARTICLE FOR FIFTEEN OR MORE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION MAY APPLY TO THE DEPARTMENT FOR, AND THE DEPARTMENT MAY GRANT,
AN EXEMPTION FROM THE REQUIREMENTS OF PARAGRAPHS (B) AND (D) OF SUBDIVI-
SION ONE OF SECTION EIGHTY-THREE HUNDRED FIVE OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11757-05-0
A. 8289--A 2
2. THE APPLICATION FOR LICENSURE IN ACCORDANCE WITH THIS SECTION SHALL
BE DEVELOPED BY THE DEPARTMENT AND SHALL BE MADE AVAILABLE TO THE PUBLIC
NO LATER THAN THE EFFECTIVE DATE OF THIS SECTION. SUCH APPLICATION SHALL
REQUIRE, AT A MINIMUM:
(A) VERIFICATION OF THE APPLICANT'S EMPLOYMENT FOR THE PURPOSES OF
DETERMINING WHETHER OR NOT SUCH APPLICANT MEETS THE MINIMUM FIFTEEN
YEARS REQUIREMENT FOR EXEMPTION UNDER THIS ARTICLE;
(B) DOCUMENTATION, IN A FORM SATISFACTORY TO THE DEPARTMENT, TO
SUBSTANTIALLY DEMONSTRATE THAT THE APPLICANT'S WORK EXPERIENCE AND
EMPLOYMENT PRACTICE CONSISTED OF SERVICES AS DEFINED IN SECTION EIGHTY-
THREE HUNDRED THREE OF THIS ARTICLE AS DISTINGUISHED FROM SERVICES
PROVIDED BY INTERIOR DECORATORS AND OTHERS PROVIDING INTERIOR FURNISHING
SERVICES; AND
(C) RECOMMENDATIONS FROM CLIENTS AND FROM PRESENT AND, IF APPLICABLE,
PAST EMPLOYERS OR COLLEAGUES.
3. EACH APPLICATION SUBMITTED PURSUANT TO THE PROVISIONS OF THIS
SECTION SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS
FOR AN INITIAL LICENSE AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH
TRIENNIAL REGISTRATION PERIOD.
S 3. This act shall take effect one year after it shall have become a
law; provided that the commissioner of the department of education shall
immediately promulgate all rules and regulations and take all actions
necessary to implement the provisions of this act on or before its
effective date.