S430-2011 Actions

• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Jan 5, 2011: REFERRED TO HIGHER EDUCATION

S430-2011 Memo

BILL NUMBER:S430

TITLE OF BILL:
An act
to amend the education law, in relation to providing a limited exemption
from certification requirements for certain interior designers

PURPOSE OR GENERAL IDEA OF BILL:
To allow individuals practicing
interior design for fifteen years or more to be exempted from certain
certification requirements.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends � 8305 of the
Education Law by adding a new subdivision 1-a to allow for an
exemption of individuals practicing interior design for fifteen or
more years from certain certification requirements.

Section 2
stipulates requirements for exemption of section
eighty-three-hundred-five of this article and verification and
demonstration of experience of the applicant. The applicant must also
present recommendations from clients and from present and, past
employers and colleagues.

JUSTIFICATION:
NYS Law requires that Interior
Designers who wish to be
licensed must receive a proper level of education and pass a State
exam. When these requirements were introduced in 1990, there was no
provision for currently-practicing designers to obtain certification
without specific educational requirements. While there is a need to
create consistent certification standards, especially for individuals
working within an industry of expertise, the present laws limit who
can apply for Design licenses. If an individual does not fulfill
specific requirements, he or she has no recourse, despite experience,
longevity, or quality of work.

There is much confusion in the public regarding interior design
licensing. Many Interior Designers are unlicensed, but have been
practicing longer than those who are licensed. Interior designers who
lack certification but have been practicing longer than licensed
designers are viewed as inferior to their licensed counterparts.
Numerous non-licensed Designers have met and exceeded the standards of
their field, and are well qualified for licensing.

This legislation would allow unlicensed Interior Designers who have
been practicing for 15 years or more to apply for certification. The
bill would not guarantee licensing for these designers, but instead
would submit their experience and relevant qualifications for review.
If found to be qualified, a designer would then be issued a license.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:


2009-2010:  S/5571A/A.8289A

EFFECTIVE DATE:
This act would take effect one year after it becomes law.

S430-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          430
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen. KRUEGER -- 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  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
 NO LATER THAN THE EFFECTIVE DATE OF THIS SECTION. SUCH APPLICATION SHALL
 REQUIRE, AT A MINIMUM:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00838-01-1
 
       S. 430                              2
 (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.

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