Bill Text: NY A08289 | 2009-2010 | General Assembly | Amended

New York Assembly Bill 8289 (Prior Session Legislation)

Amended

Bill Title: Allows special provisions for certain interior designers who have been practicing interior design for fifteen or more years prior to the effective date of this act to apply for certain exemptions.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2010-06-08 - reported referred to ways and means [A08289 Detail]

Download: New_York-2009-A08289-Amended.html

                           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:
    1    Section  1.  Section  8305 of the education law is amended by adding a
    2  new subdivision 1-a to read as follows:
    3    1-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
    4  SECTION,  APPLICANTS WHO HAVE BEEN PRACTICING INTERIOR DESIGN AS DEFINED
    5  IN SECTION EIGHTY-THREE HUNDRED THREE OF THIS  ARTICLE  FOR  FIFTEEN  OR
    6  MORE  YEARS PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION MAY APPLY TO
    7  THE DEPARTMENT FOR, AND THE DEPARTMENT MAY GRANT, AN EXEMPTION FROM  THE
    8  REQUIREMENTS  OF  PARAGRAPHS  (B)  AND  (D)  OF  SUBDIVISION ONE OF THIS
    9  SECTION FOR A PERIOD OF UP TO TWO YEARS FROM THE EFFECTIVE DATE OF  THIS
   10  SUBDIVISION  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION EIGHTY-THREE
   11  HUNDRED SEVEN OF THIS ARTICLE.
   12    S 2. Section 8307 of the education law is renumbered section 8308  and
   13  a new section 8307 is added to read as follows:
   14    S  8307. SPECIAL PROVISIONS. 1. A PERSON WHO HAS BEEN PRACTICING INTE-
   15  RIOR DESIGN AS DEFINED IN SECTION EIGHTY-THREE  HUNDRED  THREE  OF  THIS
   16  ARTICLE  FOR  FIFTEEN  OR MORE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS
   17  SECTION MAY APPLY TO THE DEPARTMENT FOR, AND THE DEPARTMENT  MAY  GRANT,
   18  AN EXEMPTION FROM THE REQUIREMENTS OF PARAGRAPHS (B) AND (D) OF SUBDIVI-
   19  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
    1    2. THE APPLICATION FOR LICENSURE IN ACCORDANCE WITH THIS SECTION SHALL
    2  BE DEVELOPED BY THE DEPARTMENT AND SHALL BE MADE AVAILABLE TO THE PUBLIC
    3  NO LATER THAN THE EFFECTIVE DATE OF THIS SECTION. SUCH APPLICATION SHALL
    4  REQUIRE, AT A MINIMUM:
    5    (A)  VERIFICATION  OF  THE  APPLICANT'S EMPLOYMENT FOR THE PURPOSES OF
    6  DETERMINING WHETHER OR NOT SUCH  APPLICANT  MEETS  THE  MINIMUM  FIFTEEN
    7  YEARS REQUIREMENT FOR EXEMPTION UNDER THIS ARTICLE;
    8    (B)  DOCUMENTATION,  IN  A  FORM  SATISFACTORY  TO  THE DEPARTMENT, TO
    9  SUBSTANTIALLY DEMONSTRATE  THAT  THE  APPLICANT'S  WORK  EXPERIENCE  AND
   10  EMPLOYMENT  PRACTICE CONSISTED OF SERVICES AS DEFINED IN SECTION EIGHTY-
   11  THREE HUNDRED THREE OF  THIS  ARTICLE  AS  DISTINGUISHED  FROM  SERVICES
   12  PROVIDED BY INTERIOR DECORATORS AND OTHERS PROVIDING INTERIOR FURNISHING
   13  SERVICES; AND
   14    (C)  RECOMMENDATIONS FROM CLIENTS AND FROM PRESENT AND, IF APPLICABLE,
   15  PAST EMPLOYERS OR COLLEAGUES.
   16    3. EACH APPLICATION SUBMITTED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
   17  SECTION SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS
   18  FOR  AN  INITIAL  LICENSE  AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH
   19  TRIENNIAL REGISTRATION PERIOD.
   20    S 3. This act shall take effect one year after it shall have become  a
   21  law; provided that the commissioner of the department of education shall
   22  immediately  promulgate  all  rules and regulations and take all actions
   23  necessary to implement the provisions of  this  act  on  or  before  its
   24  effective date.