Veto Message 36
DATE 7/21/08
VETO MESSAGE:
VETO MESSAGE - No. 36
TO THE SENATE:
I am returning herewith, without my approval, the following bill:
Senate Bill Number 3659, entitled:
"AN ACT to amend the education law, in relation to the practice of Interior Design"
NOT APPROVED
Currently, an Interior Designer who meets specific education, experience and examination requirements can be licensed by the State Education Department as a "certified Interior Designer." This bill would redesignate these licensees as simply "Interior Designers,” thereby limiting the use of the title "Interior Designer" to those practitioners who hold these licenses. Thebillwould give Interior Designers who have been practicing for 15 or more years atwo-yearwindowduringwhichthey couldobtainlicenseswithouthavingtomeet examination and other licensing requirements, so long as they candocumenttheiremployment and provide recommendations from clients, employers and colleagues.
The proponents of this bill seek to encourage more Interior Designers to seek state licenses. However, courts have found similar legislation restricting the use of the title "Interior Designer" in other states to be overly broad, unreasonable, and vague. This bill could also limit new entrants into the field of Interior Design and, thus, restrain competition. Moreover, no evidence has been presented to suggest that harm is occurring to the public as a result of the unregulated practice of Interior Design. Governor Pataki twice vetoed identical legislation (see Veto No. 253 of 2004 and Veto No.103 of 2005) and while the intent of the bill is laudable, I too must disapprove it.
The bill is disapproved.
(Signed) DAVID A. PATERSON
