Here is a link to the most recent version of the bill:
https://legiscan.com/OK/text/HB1147/id/2287973/Oklahoma-2021-HB1147-Amended.pdf

Steve:  The bill that was attached by your Oklahoma members was from last year's term and was not passed.  The bill number you gave me, HB 1147, is the current bill passed by the House.

 

I have reviewed HB 1147 and compared it to the earlier drafts from the current session (there were none) as well as the changes made to the existing licensing law.  I've attached a memo which goes into more detail about the bill, however, the short answer to your members' question is:

 

1.  Nothing in the proposed bill changes the exemptions for your members and really only concerns the change of the title "registered interior designer" to "registered commercial interior designer".  I'm not certain why this was done as it doesn't appear, at least from the Bill, that there are any new, greater qualifications for that title.

 

2. Unfortunately, the Bill does not contain any specific grandfathering language, but from the totality of the bill which I explain in the memo, it would seem that grandfathering the existing registered interior designers are contemplated and will likely be provided for by the licensing Board. Perhaps we should seek clarification from the Bill sponsor and Board to confirm that that is the intent.

 

Of course, once you've had an opportunity to review my memo, please give me a call if you would like to discuss the bill further

 

Stay well,
 

Ed

 

 

TO:              Steve Mickley          

FROM:         Edward S. Nagorsky

DATE:          March 2, 2021         

RE:               Oklahoma Bill HB 1147 –Registered Commercial Interior Designer  

 

 

Steve:  The bill that was attached by your Oklahoma members was from last year's term and was not passed.  The bill number you gave me, HB 1147, is the current bill passed by the House.

I have reviewed the new HB 1147 and compared it to the earlier drafts from the current session (there were none) as well as the changes made to the current licensing/registration law, Title 59 Professions, and Occupations.

The most significant change, which probably doesn’t affect many of your members, is that the legislature has removed the title “registered interior designer” and replaced it with a new registration which is titled “registered commercial interior designer”. Section 46.3(14). Once passed, there will no longer be a “registered interior designer, but on the recognized interior design title of “registered commercial interior designer”.  It is unclear in the bill what the impact is on those current designers who are now registered as there is no grandfathering provision in the bill (see below).  

The legislature has left the awarding of the title and establishing its requirement up to the Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers (formerly known as the Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers (the “Board”).  The only indication of what the Legislature deems to be a required qualification is contained in Section 46.3(14) which deleted the previous education, experience, and examination qualifications, leaving only an examination as determined in the Board Rules as the statutory criteria.  The bill does allow for equivalent standards to be used by the Board in awarding licensure to architects and landscape architects, however, there is no similar exception for granting registration for registered commercial interior designers.  Another section of the bill, however, Section 46.7(6) grants the Board the power to determine eligibility for registration of registered commercial interior designers.

The bill doesn’t regulate the practice of interior design, commercial or otherwise, only the title.  Unfortunately, due to some sloppy drafting, Section 46.7(17) gives the Board the power to promulgate rules of conduct governing the practice of registered commercial interior designers.  This is contrary to the entire intent and express language of the bill and is expressly contradicted by Section 46.38 (D) which provides:

Nothing in the Act shall be construed to authorize the Board to regulate or prohibit persons who are rendering interior design services and are not registered commercial interior designers under the provisions of this act or to adopt regulations that would exceed the powers and responsibilities expressly authorized under this Act

This implies, at the very least, that the Board could impose practice limitations on the designers who become registered. That is most likely not the intent and I would not be concerned about that.

The bill has added a few new definitions which will not apply to your members (unless they are, or become, registered):

 “commercial interior design” which is defined in Section 46.3(17), as the rendering of or the offering to render designs, consultations, studies, planning, drawings, specifications, contract documents, or other technical submissions and the administration of interior construction and contracts relating to nonstructural interior construction by a Registered Commercial Interior Designer in a newly constructed or existing building when the core and shell elements are not going to be changed;  

“nonstructural commercial interior construction" as the construction of elements that do not include exterior components of a building such as exterior walls, any load-bearing wall, any load-bearing column, or any other load-bearing elements of a building essential to the structural integrity of the building such as wind loads and seismic loads and to any element which must be designed for wind loads and seismic loads; and 

“fire and life safety systems" as those systems and construction that do not pertains [sic] to fire and life safety protection, such as fire sprinklers, fire alarms, smoke evacuation systems, firewalls, fire barriers, or smoke barriers as defined by the current International Building Code adopted by the Oklahoma Uniform Building Code Commission.

As mentioned above, there is no mention of grandfathering in the bill, however, Section 46.4 provides that the Board is to be made up of 11 members, 2 of whom are to be registered commercial interior designers and who are active and in good standing.  The registered commercial interior designer must have 5 years of registration experience as the professional position requires in this state.  I’m not certain how this can be accomplished since the registration of commercial interior designers is new, so perhaps the Board will carve out an exception for Board members or grandfather current registered interior designers, in which case all current registrants will now become known as “registered commercial interior designers”. There are also some references in the bill to the registration of commercial interior designers beginning on July 1, 2007, ending on June 30, 2009, and renewing every 2 years thereafter, so it would seem that some sort of grandfathering and conversion of the title was contemplated.

If a member holds himself/herself out as a registered commercial interior designer in any way without first being registered is guilty of a misdemeanor.

A few new sections of the bill have been added.  For example, Section 46.42 has been added regarding the use of a seal with the words “Registered Commercial Interior Designer, State of Oklahoma”.  Section 46.3 has been added to permit registered commercial interior designers to submit technical submissions, excluding Fire and Life Safety Systems, for nonstructural interior construction for the code use groups listed in Section 46.21b of Title 59 (the language in this section did not change from the existing law); Section 46.43 making it unlawful for a registered commercial interior designer to accept or receive compensation directly or indirectly from anyone other than his or her client and Section 46.44 making it unlawful for Registered Commercial Interior Designer to bid or hold a financial interest in any entity competitively bidding for a contract

You correctly noted that the bill is being framed as an “emergency” however I’m not certain how that impacts the effective date of the bill if passed.  One section states an effective date of July 1, 2021; however, the next section declares it being immediately necessary for the preservation of public peace, health, or safety, and that an emergency is declared to exist so that the act takes effect and will be in full force from and after passage and approval. So, I’m not quite certain when it would take effect if passed before July