BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1312|
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THIRD READING
Bill No: SB 1312
Author: Yee (D), et al
Amended: 5/27/08
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 5-3,
4/14/08
AYES: Ridley-Thomas, Calderon, Corbett, Florez, Yee
NOES: Aanestad, Denham, Harman
NO VOTE RECORDED: Simitian
SENATE APPROPRIATIONS COMMITTEE : 8-3, 5/22/08
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Simitian, Yee
NOES: Cox, Aanestad, Dutton
NO VOTE RECORDED: Ashburn, Ridley-Thomas, Runner, Wyland
SUBJECT : Registered interior designers
SOURCE : Interior Design Coalition of California
DIGEST : This bill creates, within the California
Architects Board, the Registered Interior Design Committee
for the registration of registered interior designers."
The Registered Interior Design Committee will review the
qualifications of candidates for examination as a
registered interior designer. This bill makes it unlawful
for a person to hold him or herself out to the public or
solicit business as a registered interior designer without
holding a certificate of registration, unless the person is
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exempt, as specified.
ANALYSIS :
Existing law:
1. Provides for a state sanctioned private certification
program for interior designers, whereby only
practitioners who meet specified education and
experience standards, and who pass a privately
administered examination, may use the title "certified
interior designer," but does not otherwise limit any
person from practicing interior design.
2. Provides for the licensure and regulation of some 22,000
architects by the California Architects Board (CAB)
within the Department of Consumer Affairs and imposes
various related fees that are deposited in the
California Architects Board Fund, a continuously
appropriated fund.
3. Provides that CAB consists of 10 members, including:
A. Five architects (appointed by the Governor).
B. Five public members (three appointed by the
Governor, one appointed by the Senate Rules
Committee, and one appointed by the Speaker of the
Assembly).
This bill:
1. Increases the membership of the CAB by two members, one
who shall be a registered interior designer who has been
registered and in practice in this state for at least
four years, and one public member.
2. Creates, within the CAB, a Registered Interior Design
Committee (Committee).
3. Specifies the Committee shall consist of seven members,
three of whom shall be registered to practice registered
interior design in this state and four of whom shall be
public members. The Governor shall appoint two of the
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public members and three registered members. The Senate
Rules Committee and the Speaker of the Assembly shall
each appoint one public member. The public members of
the Committee shall not be licensees of the board of
registrants of the Committee.
4. Specifies the initial members to be appointed by the
Governor are as follows: one member for a term of one
year, two members for a term of two years, and two
members for a term of three years. The Senate Rules
Committee and the Speaker of the Assembly shall
initially each appoint one member for a term of four
years. Thereafter, appointments shall be made for
four-year terms, expiring on June 1 of the fourth year
and until the appointment and qualification of his or
her successor or until one year shall have elapsed
whichever first occurs. Vacancies shall be filled for
the unexpired term.
5. Specifies that no person shall serve as a member of the
Committee for more than two consecutive terms.
6. Requires the Committee to review the qualifications of
candidates for examination for registration as a
registered interior designer and, after investigation,
evaluate and make recommendations regarding potential
violations of this act.
7. Allows the Committee to investigate, assist, and make
recommendations to the CAB regarding the regulation of
registered interior designers in this state.
8. Requires the CAB to prosecute all persons guilty of
violating the provisions of this bill, and allows the
CAB to employ inspectors, special agents, investigators,
and clerical assistance as it deems necessary to carry
out the provisions of this bill.
9. Allows the CAB to select and contract with necessary
interior design consultants who are registered interior
designers to assist in its enforcement program on an
intermittent basis.
10.Allows the Committee, in accordance with the
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Administrative Procedure Act, to adopt, amend, or repeal
the rules and regulations that are reasonably necessary
to:
A. Govern the examinations of applicants for
registration to practice registered interior design.
B. Establish rules or professional conduct that are
not inconsistent with state or federal law. Every
person who holds a registration issued under this
bill shall be governed and controlled by these rules.
C. Carry out the provisions of this bill.
11.Requires a registrant to sign, date, and seal or stamp,
using a seal or stamp all plans, specifications,
studies, drawings, and other documents he or she issues
for official use. Allows the Committee to adopt
regulations specifying the manner in which a registrant
may electronically issue those documents.
12.Requires a registrant to use a seal or stamp of the
design authorized by the CAB, bearing his or her name,
the serial number included on his or her certificate of
registration, and the legend "registered interior
designer."
13.Specifies it is unlawful for a person to seal or stamp a
plan, specification, study, drawing, or other document
after the certificate of the registrant, named thereon,
has expired or has been suspended or revoked, unless the
certificate has been renewed or reissued.
14.Requires a plan, specification, study, drawing, or other
document prepared by a registrant to contain a statement
that the document was prepared by a person registered
pursuant to this bill.
15.Allows a registrant, in the practice of registered
interior design, to collaborate with any of the
following persons:
A. A licensed architect.
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B. An electrical, structural, or mechanical engineer
registered and authorized to use that title.
16.Requires the Committee to issue a certificate of
registration to a person who meets all of the following
requirements:
A. Has not committed any of the acts listed in #23
below.
B. Completes an application for a certificate on a
form prescribed by the Committee.
C. Pays the registration fee prescribed by the
Committee.
D. Submits proof satisfactory to the Committee of
successful completion of one of the following:
(1) A bachelor's degree program in interior
design and 3,520 hours of interior design
experience, including 1,760 hours earned after the
degree program is completed.
(2) A bachelor's degree program in any major, no
less than 60 semester or 90 quarter hours of
interior design coursework that culminates in a
certificate or degree, and 3,520 hours of interior
design experience, including 1,760 hours earned
after the degree program and coursework are
completed.
(3) No less than 60 semester or 90 quarter hours
of interior design coursework that culminates in a
certificate, degree, or diploma and 5,280 hours of
interior design experience earned after that
coursework is completed.
(4) No less than 40 semester or 60 quarter hours
of interior design coursework that culminates in a
certificate, degree, or diploma and 7,040 hours of
interior design experience earned after that
coursework is completed.
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E. Submits proof of passage of the examination
prepared and administered by the National Council for
Interior Design Qualification.
17.Allows the Committee to issue a certificate of
registration to a person who meets both of the following
requirements:
A. May lawfully represent himself or herself as a
"certified interior designer" pursuant to current
law.
B. Submits an application to the CAB before January
1, 2011.
18.Allows the Committee to issue a certificate of
registration to a person who submits an application to
the Committee before January 1, 2011, and submits proof
acceptable to the Committee of one of the following:
A. Ten years of experience in interior design.
B. Eight years of experience in interior design and
two years of education in interior design that is
acceptable to the Committee.
19.Requires a person registered pursuant to this bill who
has not passed the examination within the first two
renewal periods, as a condition of renewal of his or her
certificate of registration, to show proof acceptable to
the Committee of both of the following:
A. Passage of Section I of the examination prepared
and administered by the National Council for Interior
Design Qualification.
B. Completion of 15 hours of Committee-approved
continuing education coursework relating to health,
safety, and welfare regulation. The hours earned
pursuant to this paragraph shall be credited toward
the continuing education requirements established by
the Committee.
20.Specifies a certificate of registration shall expire two
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years after the date of issue.
21.Requires the registrant, to renew the certificate, on or
before the expiration date of the certificate, do all of
the following:
A. Apply for renewal on a form prescribed by the
Committee.
B. Pay a renewal fee prescribed by the Committee.
C. Submit proof of compliance with the continuing
education requirements established by the Committee.
22.Allows the Committee to, by regulation, require
registered interior designers to complete not more than
10 hours of continuing education per renewal period as a
condition of renewal of their certificates of
registration.
23.Allows the CAB, by order, to suspend, revoke, or place
on probation the certificate of a registrant, assess a
fine of not more than $10,000 against a registrant,
impose the costs of an investigation and prosecution
upon a registrant, or take any combination of these
disciplinary actions if a registrant does any of the
following:
A. Obtains a certificate of registration by fraud or
concealment of a material fact.
B. Is found guilty by the CAB or a court of competent
jurisdiction of fraud, deceit, or concealment of a
material fact in his or her professional practice, or
is convicted by a court of competent jurisdiction of
a crime involving moral turpitude.
C. Is found mentally ill by a court of competent
jurisdiction.
D. Is found guilty by the CAB of incompetence,
negligence, or gross negligence in the practice of
interior design.
D. Affixes his or her signature, stamp, or seal to
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plans, specifications, studies, drawings, or other
instruments of service that have not been prepared by
him or her, or in his or her office, or under his or
her responsible supervisory control, or permits the
use of his or her name to assist a person who is not
a registered interior designer to evade any provision
of this chapter.
E. Aids or abets an unauthorized person to practice
as a registered interior designer.
F. Violates a law, regulation, or code of ethics
pertaining to the practice of registered interior
design.
G. Fails to comply with an order issued by the CAB or
fails to cooperate with an investigation conducted by
the CAB.
24.Makes it unlawful for a person to do any of the
following:
A. Hold himself or herself out to the public or
solicit business as a registered interior designer in
this state without holding a certificate of
registration issued by the Committee pursuant to this
chapter. This paragraph does not prohibit a person
who is exempt from this bill from holding himself or
herself out to the public or soliciting business in
this state as an interior designer.
B. Advertise or put out any sign, card, or other
device that indicates to the public that he or she is
a registered interior designer or that he or she is
otherwise qualified to engage in the practice of
registered interior design, without holding a
certificate of registration issued by the Committee.
C. Practice registered interior design, or use the
title "registered interior designer," in this state
unless he or she holds a certificate of registration
issued by the Committee.
25.Specifies this bill does not prohibit a person
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certified, or otherwise qualified or approved by a
private organization, from using a term or title
copyrighted or otherwise protected under law by the
certifying organization or from providing services
customarily associated with that title, or specified by
the certifying organization, provided that the use of
that term or title does not connote registration under
this bill.
26.Specifies that a person who violates any provision of
this bill is guilty of a misdemeanor, punishable as
follows:
A. For a first violation, the person shall be
punished by a fine of not less than $500 nor more
than $1,000, or by imprisonment in the county jail
for not more than six months, or by both that fine
and imprisonment.
B. For a second or subsequent violation, the person
shall be punished by a fine of not less than $1,000
nor more than $2,000, or by imprisonment in the
county jail for not more than one year, or by both
that fine and imprisonment.
27.Specifies that in addition to any other penalty
prescribed by law, a person who violates any provision
of this bill or any regulation adopted by the Committee
or the CAB is subject to a civil penalty of not more
than $10,000 for each violation. That penalty shall be
imposed by the CAB.
28.Specifies that this bill does not apply to any of the
following:
A. A licensed architect acting within the scope of
his or her license.
B. A person engaging in work related to registered
interior design as an employee of a registered
interior designer if the work does not include
responsible supervisory control or supervision of the
practice of registered interior design.
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C. A person performing registered interior design
work under the responsible supervisory control of a
registered interior designer.
D. A consultant retained by a registered interior
designer.
E. A person who prepares drawings of the layout of
materials or furnishings used in registered interior
design or provides assistance in the selection of
materials or furnishings used in registered interior
design, if the preparation or implementation of those
drawings, or the installation of those materials or
furnishings, is not regulated by a building code or
other law, ordinance, rule, or regulation governing
the alteration or construction of a structure. The
persons exempt from this provision include, but are
not limited to, a person who prepares drawings of the
layout of, or provides assistance in the selection
of, any of the following materials:
(1) Decorative accessories.
(2) Wallpaper, wallcoverings, or paint.
(3) Linoleum, tile, carpeting, or floor coverings.
(4) Draperies, blinds, or window coverings.
(5) Lighting or plumbing fixtures that are not
part of a structure.
(6) Furniture or equipment.
F. An employee of a retail establishment providing
consultation regarding interior decoration or
furnishings on the premises of the retail
establishment or in the furtherance of a retail sale
or prospective retail sale.
29.Sunsets the Committee on July 1, 2011, consistent with
the CAB.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
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Major Provisions 2008-09 2009-10 2010-11 Fund
Interior design Up to $794 Up to $1,475Up to
$1,695 Special*
registration - estimated costs offset all, or in part,
by fee revenue -
Additional board members Minor, ongoing costsSpecial*
* CAB-Registered Interior Designers Fund
SUPPORT : (Verified 5/27/08)
Interior Design Coalition of California (source)
American Society of Interior Designers
International Interior Design Association
OPPOSITION : (Verified 5/28/08)
American Institute of Architects - AIA California Council
American Lighting Association
Building Owners and Managers Association
California Architects Board
California Building Officials
California Legislative Coalition for Interior Design
California Retailers Association
Canada College
College of the Canyons
Community College League of California
Fullerton College
International Furnishings and Design Association -
Northern California Chapter
Long Beach City College
Los Rios Community College District
Lumber Association of California and Nevada
Merced College
Modesto Junior College
Monterey Peninsula College
National Association of the Remodeling Industry
National Federation of Independent Business
National Kitchen and Bath Association - California Chapters
Ohlone College
Palomar College
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Santa Barbara City College
Santa Monica College
Santa Rosa Community College
Shasta College
The Interior Design Society
West Valley Mission Community College
Western Home Furnishings Association
ARGUMENTS IN SUPPORT : According to the bill's sponsor,
the Interior Design Coalition of California:
"In the interest and for the protection of the public
health, safety and welfare, SB 1312 creates a Practice
Act for Registered Interior Designers in California. The
measure amends the current California Architects Board
into the California Architects and Registered Interior
Designers Board. It further defines a scope of practice,
and establishes education, experience and examination
requirements, and provides a voluntary registration
process and regulation for interior designers who provide
specific code-affecting services.
"This bill ensures that interior designers that do not
provide code-affecting services may continue to use the
title 'interior designer.'"
ARGUMENTS IN OPPOSITION : The California Legislative
Coalition for Interior Design believes the bill
discriminates against many current professional interior
designers in California by "requiring us to become licensed
through an out of state organization that will not
recognize our qualifications." They argue the bill does
not protect the consumer and adds an unjustified layer of
bureaucracy to the already overburdened state budget. This
bill raises exam and licensing costs which will result in
higher prices passed on to the consumer and only adds
additional cost to the services that an interior designer
provides making it more exclusive and out of reach for many
consumers. The Coalition states that the current
certification process in California already requires an
interior designer to follow a code of ethics and pass an
exam covering California codes and regulations. They argue
that this bill will exclude many designers from becoming
registered because of hard-to-meet requirements and will
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criminalize certain acts subjecting them to severe
penalties.
JJA:mw 5/28/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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