AB419: Bill Text

1995 - 1996 LEGISLATURE

1995 Assembly BILL 419

May 30, 1995 - Introduced by Representatives Schneiders, Porter, Owens, Robson, Kreibich, Huber, Lehman, Hoven, Silbaugh, Vrakas, Seratti and Green, cosponsored by Senators Rude, Darling, Andrea, Panzer, Rosenzweig, Burke and Risser. Referred to Committee on Consumer Affairs.

AB419,1,12 An Act to amend 15.105 (5), 15.405 (2) (title), 15.405 (2) (intro.), 15.405 (2) (a), 15.405 (2) (b), chapter 443 (title), 443.01 (3), 443.07 (1) (intro.), 443.07 (5), 443.08 (2), 443.08 (3) (a), 443.08 (4) (a), 443.08 (4) (b), 443.08 (5), 443.08 (6), 443.09 (title), 443.09 (2), 443.09 (5), 443.10 (1) (d), 443.10 (2) (a), 443.10 (2) (c), 443.10 (2) (d), 443.10 (2) (e), 443.11 (title), 443.11 (1) (intro.), 443.11 (1) (d), 443.11 (4), 443.11 (6), 443.13, 443.16, 443.17, 443.18 (1) (a), 443.18 (2) (a) and 703.11 (2) (b); and to create 440.08 (2) (a) 67m., 443.01 (3d) and (7t), 443.02 (6), 443.032, 443.08 (2m), 443.09 (4g), 443.10 (2) (cm) and 443.10 (4) (am) of the statutes; relating to: the regulation of interior designers, creating a registered interior designers section in the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill establishes requirements for the registration of interior designers by the examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors (examining board) and creates a 5-member registered interior designer section in the examining board to administer and enforce the requirements.

The bill does not require an individual to be registered as a registered interior designer in order to practice interior design, but restricts the use of the title "registered interior designer" to those individuals who are so registered.

Under the bill, in order to be registered as a registered interior designer an applicant must do all of the following:

1. Submit evidence satisfactory to the examining board that he or she has at least 6 years of combined interior design education and interior design experience, including at least 2 years of interior design education and at least 2 years of interior design experience.

2. Pass an examination administered by a national organization that establishes standards for the interior design profession and that is recognized by the examining board or a substantially equivalent examination conducted or approved by the examining board.

If a person submits an application during the first year after the bill becomes law, the examining board must register an applicant as a registered interior designer if he or she submits evidence satisfactory to the examining board of one of the following:

1. That he or she has passed the section of the National Council for Interior Design Qualification (NCIDQ) examination concerning building and barrier-free codes.

2. That he or she: a) has used or been identified by the title "interior designer"; b) has passed the NCIDQ examination that covers laws relating to interior design; and c) has at least 6 years of combined interior design education and experience, including at least 2 years of interior design experience and at least 2 years of interior design education, except that the examining board may allow an applicant to substitute 2 years of appropriate experience for each year of required education.

The bill also provides for the reciprocal registration of an applicant who is registered as an interior designer in another state or country that has similar registration requirements, and makes applicable to registered interior designers certain other requirements under current law, including the disciplinary provisions and criminal penalties, that are applicable to the other professionals who are regulated by the examining board. The bill also requires a registered interior designer to complete continuing education requirements set by the examining board in order to renew his or her registration.

Finally, the bill changes the name of the examining board to the examining board of architects, landscape architects, registered interior designers, professional geologists, professional engineers, designers of engineering systems and land surveyors.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB419, s. 1 Section 1. 15.105 (5) of the statutes is amended to read:

AB419,3,10 15.105 (5) State capitol and executive residence board. There is created a state capitol and executive residence board, attached to the department of administration under s. 15.03, consisting of the secretary of administration or the secretary's designee, the director of the historical society or the director's designee, an architect or engineer employed by the department of administration appointed by the secretary of administration, 3 senators and 3 representatives to the assembly appointed as are the members of standing committees in their respective houses, and 7 citizen members appointed for staggered 6-year terms of whom at least 2 shall be architects registered under ch. 443, one shall be a landscape architect registered under ch. 443 and 3 shall be registered interior designers under ch. 443.

AB419, s. 2 Section 2. 15.405 (2) (title) of the statutes is amended to read:

AB419,3,14 15.405 (2) (title) Examining board of architects, landscape architects, registered interior designers, professional geologists, professional engineers, designers of engineering systems and land surveyors.

AB419, s. 3 Section 3. 15.405 (2) (intro.) of the statutes is amended to read:

AB419,3,25 15.405 (2) (intro.) There is created an examining board of architects, landscape architects, registered interior designers, professional geologists, professional engineers, designers of engineering systems and land surveyors in the department of regulation and licensing. Any professional member appointed to the examining board shall be registered to practice architecture, landscape architecture, interior design, professional geology, professional engineering, the design of engineering systems or land surveying under ch. 443. The examining board shall consist of the following members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 registered interior designers, 3 professional geologists, 3 professional engineers, 3 designers of engineering systems, 3 land surveyors and 12 14 public members.

AB419, s. 4 Section 4. 15.405 (2) (a) of the statutes is amended to read:

AB419,4,8 15.405 (2) (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a registered interior designer section, a geologist section, an engineer section, a designer of engineering systems section and a land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

AB419, s. 5 Section 5. 15.405 (2) (b) of the statutes is amended to read:

AB419,4,14 15.405 (2) (b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration, and all other matters of interest to either the architect, landscape architect, registered interior designer, geologist, engineer, designer of engineering systems or land surveyor section shall be acted upon solely by the interested section.

AB419, s. 6 Section 6. 440.08 (2) (a) 67m. of the statutes is created to read:

AB419,4,17 440.08 (2) (a) 67m. Registered interior designer: August 1 of each even-numbered year; $41.

AB419, s. 7 Section 7. Chapter 443 (title) of the statutes is amended to read:

AB419,4,19 CHAPTER 443

AB419,5,2 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, REGISTERED INTERIOR designers, PROFESSIONAL GEOLOGISTS, PROFESSIONAL ENGINEERS, DESIGNERS of engineering systems AND LAND SURVEYORS

AB419, s. 8 Section 8. 443.01 (3) of the statutes is amended to read:

AB419,5,6 443.01 (3) "Examining board" means the examining board of architects, landscape architects, registered interior designers, professional geologists, professional engineers, designers of engineering systems and land surveyors.

AB419, s. 9 Section 9. 443.01 (3d) and (7t) of the statutes are created to read:

AB419,5,16 443.01 (3d) "Interior design" means to plan and supervise the design and execution of interiors and their furnishings based on health and safety requirements and the needs and goals of clients. "Interior design" includes the formulation of design concepts and design recommendations; the preparation, review or analysis of working drawings and specifications for nonload-bearing interior construction, materials, finishes, space planning, furnishings, fixtures and equipment; collaboration with other professionals concerning mechanical, electrical and load-bearing interior construction; and preparing and administering bidding and contracting procedures.

AB419,5,18 (7t) "Registered interior designer" means a person registered as a registered interior designer under this chapter.

AB419, s. 10 Section 10. 443.02 (6) of the statutes is created to read:

AB419,5,23 443.02 (6) No person may use the title "registered interior designer", use any title or description that implies that he or she is a registered interior designer or represent himself or herself to be a registered interior designer unless the person is registered as a registered interior designer under this chapter.

AB419, s. 11 Section 11. 443.032 of the statutes is created to read:

AB419,6,3 443.032 Registration requirements for registered interior designers. (1) The examining board shall register as a registered interior designer an individual who is at least 21 years of age and who does all of the following:

AB419,6,5 (a) Submits to the department evidence satisfactory to the examining board of any of the following:

AB419,6,8 1. That he or she is a graduate of a 5-year interior design program and has at least one year of practical experience in interior design of a character satisfactory to the examining board.

AB419,6,11 2. That he or she is a graduate of a 4-year interior design program and has at least 2 years of practical experience in interior design of a character satisfactory to the examining board.

AB419,6,14 3. That he or she has completed at least 3 years of an interior design program and has at least 3 years of practical experience in interior design of a character satisfactory to the examining board.

AB419,6,17 4. That he or she is a graduate of a 2-year interior design program and has at least 4 years of practical experience in interior design of a character satisfactory to the examining board.

AB419,6,18 (b) Satisfies the applicable requirements under s. 443.09.

AB419,6,19 (c) Meets any other requirements established by the examining board by rule.

AB419,6,24 (2) An interior design program under sub. (1) (a) 1. to 4. shall satisfy the requirements for an education program that is a prerequisite to taking the interior design examination administered by a national organization that establishes standards for the interior design profession and that is recognized by the examining board.

AB419, s. 12 Section 12. 443.07 (1) (intro.) of the statutes is amended to read:

AB419,7,3 443.07 (1) (intro.) An applicant for a permit as a designer of engineering systems shall submit evidence satisfactory to the board indicating that he or she is competent to be in charge of such work as follows:

AB419, s. 13 Section 13. 443.07 (5) of the statutes is amended to read:

AB419,7,10 443.07 (5) The permit shall, on its face, restrict the holder thereof of the permit to the specific field and subfields of designing engineering systems in which the permittee acquired his or her experience in designing engineering systems. If qualified in more than one type of designing engineering systems, persons may receive permits for more than one field or subfield of designing engineering systems as may be determined by the examining board.

AB419, s. 14 Section 14. 443.08 (2) of the statutes is amended to read:

AB419,7,20 443.08 (2) The practice of or the offer to practice architecture, professional geology, professional engineering or designing engineering systems by individual architects, professional geologists, professional engineers or designers of engineering systems registered or granted a permit under this chapter, through a firm, partnership or corporation as principals, officers, employes or agents, is permitted subject to this chapter, if all personnel who practice or offer to practice in its behalf as architects, professional geologists, professional engineers or designers of engineering systems are registered or granted a permit under this chapter and if the corporation has been issued a certificate of authorization under sub. (3).

AB419, s. 15 Section 15. 443.08 (2m) of the statutes is created to read:

AB419,8,2 443.08 (2m) A firm, partnership or corporation may use the term "registered interior designer" or "registered interior designers", or may advertise or make representations that it provides the services of a registered interior designer, only if at least one principal, partner or officer who is in responsible charge of the interior design services provided by the firm, partnership or corporation is a registered interior designer.

AB419, s. 16 Section 16. 443.08 (3) (a) of the statutes is amended to read:

AB419,8,17 443.08 (3) (a) A corporation desiring a certificate of authorization shall submit an application to the department on forms provided by the department, listing the names and addresses of all officers and directors, and all individuals in its employment registered or granted a permit to practice architecture, professional geology, professional engineering or designing engineering systems in this state who will be in responsible charge of architecture, professional geology, professional engineering or engineering system designing being practiced in this state through the corporation and other relevant information required by the examining board. A similar type of form shall also accompany the renewal fee. If there is a change in any of these persons, the change shall be reported on the same type of form, and filed with the department within 30 days after the effective date of the change. The examining board shall grant a certificate of authorization to a corporation complying with this subsection upon payment of the fee specified in s. 440.05 (1). This subsection does not apply to corporations exempt under s. 443.14 (3) or (5).

AB419, s. 17 Section 17. 443.08 (4) (a) of the statutes is amended to read:

AB419,9,2 443.08 (4) (a) No firm, partnership or corporation may be relieved of responsibility for the conduct or acts of its agents, employes or officers by reason of its compliance with this chapter, nor may any individual practicing architecture, landscape architecture, interior design, professional geology, professional engineering or engineering system designing be relieved of responsibility for architectural, landscape architectural, interior designing, professional geological, professional engineering or engineering system designing services performed by reason of his or her employment or relationship with the firm, partnership or corporation.

AB419, s. 18 Section 18. 443.08 (4) (b) of the statutes is amended to read:

AB419,9,15 443.08 (4) (b) All final drawings, specifications, plans, reports or other architectural, geological, engineering or designing papers or documents involving the practice of architecture, professional geology, professional engineering or designing, or engineering systems, all landscape architectural papers or documents prepared by a landscape architect registered under this chapter, and all interior designing papers or documents prepared by a registered interior designer, that are prepared for the use of the corporation, for delivery by it to any person or for public record within the state, shall be dated and bear the signature and seal of the architect, landscape architect, registered interior designer, professional geologist, professional engineer or designer of engineering systems who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4) or (5).

AB419, s. 19 Section 19. 443.08 (5) of the statutes is amended to read:

AB419,9,25 443.08 (5) No firm, partnership or corporation may engage in the practice of or offer to practice architecture, professional geology, professional engineering or designing engineering systems in this state, or use in connection with its name or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of architecture, professional geology, professional engineering or designing engineering systems, nor may it advertise or offer to furnish an architectural, professional geological, professional engineering or engineering system designing service, unless the firm, partnership or corporation has complied with this chapter.

AB419, s. 20 Section 20. 443.08 (6) of the statutes is amended to read:

AB419,10,8 443.08 (6) Any firm, partnership or corporation using the word "engineering" or any of its derivatives in its name prior to April 24, 1964, shall be permitted to continue to do so and shall be permitted to use such word in any new firm, partnership or corporation formed as a result of a reorganization of the firm, partnership or corporation, if the firm, partnership or corporation does not practice or offer to practice architecture, professional engineering or designing engineering systems unless it complies with all other applicable provisions of this chapter.

AB419, s. 21 Section 21. 443.09 (title) of the statutes is amended to read:

AB419,10,12 443.09 (title) Examinations and experience requirements for architect, landscape architect, registered interior designer, geologist and engineer applicants.

AB419, s. 22 Section 22. 443.09 (2) of the statutes is amended to read:

AB419,10,17 443.09 (2) Subject to ss. 111.321, 111.322 and 111.335, no person who has an arrest or conviction record is eligible for registration as an architect, a landscape architect, a registered interior designer, a professional geologist or a professional engineer, or certification as an engineer-in-training.

AB419, s. 23 Section 23. 443.09 (4g) of the statutes is created to read:

AB419,10,20 443.09 (4g) No person may be registered as a registered interior designer under this chapter unless he or she passes one of the following examinations:

AB419,10,23 (a) An interior design examination administered by a national organization that establishes standards for the interior design profession and that is recognized by the examining board.

AB419,11,3 (b) An interior design examination conducted or approved by the examining board under sub. (5) that is substantially equivalent to an examination specified in par. (a).

AB419, s. 24 Section 24. 443.09 (5) of the statutes is amended to read:

AB419,11,25 443.09 (5) Written or written and oral examinations shall be held at such time and place as the examining board determines. The scope of the examinations and the methods of procedure shall be prescribed by the examining board with special reference to the applicant's ability to design and supervise architectural, landscape architectural, interior designing, geological or engineering work, which shall promote the public welfare and ensure the safety of life, health and property. The architect, registered interior designer and professional engineering examination or examinations shall include questions which require applicants to demonstrate knowledge of the design needs of people with physical disabilities and of the relevant statutes and codes. Such questions shall be developed by the examining board in consultation with the department of industry, labor and human relations. The examination for candidates under s. 443.04 (1) (c) shall be the principles and practice examination which requires the applicant to demonstrate the ability to apply engineering principles and judgment to problems in general engineering disciplines and to demonstrate knowledge of the design needs of people with physical disabilities and the relevant statutes, rules and regulations. A candidate failing an examination may, upon application and payment of the required reexamination fee, be examined again by the examining board. No restrictions may be placed on the number of times an unsuccessful candidate may be reexamined, except that after failure of 3 reexaminations, the examining board may require a one-year waiting period before further reexamination.

AB419, s. 25 Section 25. 443.10 (1) (d) of the statutes is amended to read:

AB419,12,12 443.10 (1) (d) The examining board may, upon application and payment of the required fee, grant a permit to practice or to offer to practice architecture, professional geology or professional engineering or to use the title "landscape architect" or "registered interior designer" to a person who is not a resident of and has no established place of business in this state, or who has recently become a resident of this state, if the person holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects, interior designers, professional geologists or professional engineers are of a standard not lower than specified in this chapter.

AB419, s. 26 Section 26. 443.10 (2) (a) of the statutes is amended to read:

AB419,12,21 443.10 (2) (a) Applications for registration or for a certificate of record shall be on forms prescribed by the examining board and provided by the department and shall contain statements made under oath showing the applicant's education and detail summary of the applicant's technical work and not less than 5 references, of whom 3 or more shall have personal knowledge of the applicant's architectural, landscape architectural, interior designing, geological or engineering experience in the case of an application for registration or of the applicant's technical education or engineering work in the case of an application for a certificate of record.