NKBA Legislation Headlines
Legislation Across the Nation Stay informed and involved.
By Edward S. Nagorsky, Esq., NKBA General Counsel & Director of Legislative Affairs
Illinois – a full practice act was just introduced to limit the right of our members to work in spaces other than in single family dwellings. After a great deal of opposition from NKBA along with NARI, AIA and others, the sponsor withdrew the bill from consideration. Massachusetts – bidding bill and title act introduced. Michigan – no action on practice act from last year’s term.
While poor economic conditions and the Republican victories in November might have dampened ASID’s and legislators’ enthusiasm for enacting additional legislation that would harm our members’ ability to continue working, it appears the ASID and its supported coalitions are emboldened and seeking to make good on their goal of introducing design bills in all 50 states this year. The following is an update on the status of legislation that is anticipated or pending: Arizona – a title and building plan submittal bill was submitted to the House. Due to the opposition of NKBA and others, the bill sponsor withdrew the bill from consideration and the scheduled hearing was cancelled. California – we’re told that the proposed practice act that was slated for introduction in 2011 has been put on hold due to the California economy. Colorado – the Senate Business, Labor and Technology Committee rejected the efforts of the interior design lobby to pass Senate Bill 11-67 to license the practice of interior design. The members of the Committee voted to deny further consideration of the Bill. Florida – the 11th Circuit Court of Appeals upheld the constitutionality of that state’s existing design practice act, finding that the legislature could have concluded that the law was necessary for the protection of the public “health, safety and welfare”. We understand that the ruling will be appealed and that the Florida legislature has established a commission to review the necessity for maintaining the interior design board. Idaho – a full practice act with an exemption for residential dwellings not exceeding 2 stories in height – the sponsor is in the process of revising the bill and has not yet introduced it to the legislature.
NKBA MAGAZINE–SPRING 2011 | NKBA.org
Minnesota – proposed revision to current certified interior designer rules has been proposed to the Interior Designer Board to require that applicants for certification be graduates of a 4-year interior design program. This will impact 2 year schools in Minnesota since their graduates will no longer qualify for certification. The NKBA does not intend to take a position on the rule change, since it most likely will not affect our members and will also mean that fewer designers will be eligible to become certified, thus increasing the number of designers that will object to a practice act should one be introduced. Mississippi – a title bill was introduced and passed and is now on the Governor’s desk. The NKBA has opposed the bill; however with very little involvement from our members, it appears likely the bill will be signed into law. New York – 2 bills pre-filed to limit submitting bids for state work to only interior designers who are certified and to open and extend the grandfathering of designers. We also expect a “sign and seal” bill to be introduced this term. There has been no movement in the legislature on these bills. Oregon – a practice act was pre-filed to limit designers who are not certified in drafting design studies, drawings and renderings, schedules, specifications, space plans, and designs or specifications of fixtures, furnishings or equipment only in single-family residential dwellings. Pennsylvania – there is conversation that a practice act is being contemplated without much chance of traction this year. South Carolina – practice act drafted but not yet introduced. Tennessee – new practice act has been introduced to change existing title from “registered interior designer” to “licensed interior designer” and allow licensed interior designers to prepare non-structural interior design plans for large commercial projects. Washington – a practice act was introduced in the Senate, but the Committee Chair has said that unless the NKBA and other design organizations can all come to terms, there will be no hearing on the bill. The bill will not be heard this term.