Senate Bill S10284

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10284
 
                             I N  S E N A T E
 
                               May 11, 2026
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to establishing voluntary
   tiered certification and licensing for fashion designers and  creating
   the state board of fashion design; and to amend the state finance law,
   in  relation  to  permitting  state contracting entities to require or
   give preference to certified or licensed fashion designers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "Fashion
 Design Professional Standards and Certification Act".
   § 2. The education law is amended by adding a new article 169 to  read
 as follows:
                                ARTICLE 169
                              FASHION DESIGN
 SECTION 8890. DEFINITIONS.
         8891. STATE BOARD FOR FASHION DESIGN.
         8892. CERTIFICATION AND LICENSURE STRUCTURE.
         8893. CONTINUING EDUCATION.
         8894. LIMITATIONS AND CONSTRUCTION.
   § 8890. DEFINITIONS. AS USED IN THIS SECTION:
   1.  "FASHION  DESIGNER"  MEANS  ANY  INDIVIDUAL ENGAGED IN THE DESIGN,
 DEVELOPMENT, OR PRODUCTION OF APPAREL, ACCESSORIES, OR RELATED PRODUCTS.
   2. "CERTIFICATION" MEANS A  VOLUNTARY  CREDENTIAL  RECOGNIZING  DEMON-
 STRATED  COMPETENCY  IN FASHION DESIGN, INCLUDING TECHNICAL, SAFETY, AND
 PROFESSIONAL STANDARDS.
   3. "LICENSURE" MEANS AN OPTIONAL STATE-RECOGNIZED DESIGNATION  PERMIT-
 TING THE USE OF THE TITLE "LICENSED FASHION DESIGNER".
   4.  "BOARD"  MEANS  THE NEW YORK STATE BOARD FOR FASHION DESIGN ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
   § 8891. STATE BOARD FOR FASHION DESIGN. 1. THERE IS HEREBY ESTABLISHED
 A STATE BOARD  FOR  FASHION  DESIGN,  THE  MEMBERS  OF  WHICH  SHALL  BE
 APPOINTED  BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER
 FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT  ON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15781-01-6
 S. 10284                            2
 
 MATTERS OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE
 WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. AN EXECUTIVE SECRE-
 TARY  TO  THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS ON RECOM-
 MENDATION  OF  THE COMMISSIONER AND SHALL BE A FASHION DESIGNER LICENSED
 IN THIS STATE.
   2. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN SEVEN FASHION  DESIGN-
 ERS.   AT LEAST FOUR OF THESE SEVEN MEMBERS SHALL BE OWNERS OR EMPLOYEES
 OF A SMALL BUSINESS, AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THE
 ECONOMIC DEVELOPMENT LAW, OR FREELANCE WORKERS, AS  DEFINED  IN  SECTION
 FOURTEEN HUNDRED TEN OF THE GENERAL BUSINESS LAW.
   3.  THE  BOARD  SHALL  HAVE THE FOLLOWING POWERS AND DUTIES TO PROVIDE
 ASSISTANCE TO THE DEPARTMENT:
   (A) ESTABLISH A VOLUNTARY CERTIFICATION AND  LICENSING  FRAMEWORK  FOR
 FASHION DESIGNERS.
   (B) DEVELOP AND ADMINISTER STANDARDS FOR CERTIFICATION, LICENSURE, AND
 CONTINUING EDUCATION.
   (C)  ENSURE  THAT PARTICIPATION IN CERTIFICATION OR LICENSURE PROGRAMS
 SHALL BE STRICTLY VOLUNTARY AND SHALL NOT BE REQUIRED FOR EMPLOYMENT  IN
 THE FASHION INDUSTRY.
   (D)  MAINTAIN  A PUBLIC REGISTRY OF INDIVIDUALS WHO HOLD VALID CERTIF-
 ICATION OR LICENSURE UNDER THIS ARTICLE.
   (E) PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO  IMPLEMENT  THIS
 ARTICLE.
   4.  THE  BOARD MAY UTILIZE EXISTING RESOURCES AND ESTABLISH REASONABLE
 FEES TO ADMINISTER CERTIFICATION AND LICENSURE PROGRAMS.
   § 8892. CERTIFICATION AND LICENSURE  STRUCTURE.  1.  THE  BOARD  SHALL
 ESTABLISH TIERED CERTIFICATION LEVELS, INCLUDING:
   (A) A GENERAL CERTIFICATION FOR ENTRY AND MID-LEVEL DESIGNERS;
   (B) SPECIALIZED CERTIFICATIONS FOR CATEGORY-SPECIFIC EXPERTISE; AND
   (C)  AN  OPTIONAL  STATE  LICENSE  FOR  QUALIFIED  INDIVIDUALS MEETING
 ADVANCED EXPERIENCE REQUIREMENTS.
   2. CERTIFICATION SHALL BE BASED ON A COMBINATION  OF  EDUCATION,  WORK
 EXPERIENCE, AND SUCCESSFUL COMPLETION OF AN APPROVED EXAMINATION.
   3.  THE  BOARD MAY APPROVE OR RECOGNIZE INDEPENDENT ACCREDITING BODIES
 TO ESTABLISH EDUCATIONAL AND TRAINING STANDARDS.
   § 8893. CONTINUING EDUCATION. THE  BOARD  SHALL  ESTABLISH  CONTINUING
 EDUCATION  REQUIREMENTS  FOR  CERTIFIED  AND  LICENSED INDIVIDUALS. SUCH
 REQUIREMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, INSTRUCTION IN EMERG-
 ING  TECHNOLOGIES,  SUSTAINABILITY,  PRODUCT  SAFETY,  AND  PROFESSIONAL
 ETHICS.  CONTINUING  EDUCATION MAY BE SATISFIED THROUGH APPROVED COURSES
 OR EMPLOYER SPONSORED PROGRAMS.
   § 8894. LIMITATIONS AND CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL BE
 CONSTRUED TO:
   (A) REQUIRE ANY INDIVIDUAL TO OBTAIN  CERTIFICATION  OR  LICENSURE  TO
 PRACTICE FASHION DESIGN.
   (B) RESTRICT FREELANCE, ARTISTIC, OR SMALL BUSINESS PRACTICES.
   (C)  CREATE  A PRIVATE RIGHT OF ACTION AGAINST FASHION DESIGNERS BASED
 SOLELY ON CERTIFICATION STATUS.
   § 3. The state finance law is amended by adding a new section 136-e to
 read as follows:
   § 136-E. CONTRACTS INVOLVING FASHION DESIGN. FOR  CONTRACTS  INVOLVING
 FASHION DESIGN PRODUCTS OR SERVICES, CONTRACTING ENTITIES MAY REQUIRE OR
 GIVE  PREFERENCE TO FASHION DESIGNERS HOLDING CERTIFICATION OR LICENSURE
 ISSUED PURSUANT TO ARTICLE ONE HUNDRED SIXTY-NINE OF THE EDUCATION LAW.
   § 4. This act shall take effect immediately.