Senate Bill S5571

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

                                 5571--A
    Cal. No. 393

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 19, 2009
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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.
  2. THE APPLICATION FOR LICENSURE IN ACCORDANCE WITH THIS SECTION SHALL
BE DEVELOPED BY THE DEPARTMENT AND SHALL BE MADE AVAILABLE TO THE PUBLIC

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

                                                           LBD11757-04-0

S. 5571--A                          2

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.