Amendment AA2-AB320

2021 - 2022 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 320

June 22, 2021 - Offered by Committee on Regulatory Licensing Reform.

AB320-AA2,1,1 At the locations indicated, amend the bill as follows:

AB320-AA2,1,4 1. Page 1, line 5: delete the material beginning with “registration" and ending with “designers" and substitute “regulation, registration, and the scope of practice of interior designers”.

AB320-AA2,1,6 2. Page 2, line 1: delete the material beginning with that line and ending with page 6, line 9, and substitute:

AB320-AA2,1,7 “ Section 1m. 15.105 (5) of the statutes is amended to read:

AB320-AA2,2,4 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 2 shall be interior designers registered under s. 440.962 ch. 443.

AB320-AA2,2m Section 2m. 15.405 (2) (intro.) of the statutes is amended to read:

AB320-AA2,2,17 15.405 (2) Examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors, and registered interior designers. (intro.) There is created an examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors, and registered interior designers in the department of safety and professional services. Any professional member appointed to the examining board shall be registered or licensed to practice architecture, landscape architecture, professional engineering, the design of engineering systems, or professional land surveying, or interior design under ch. 443. The examining board shall consist of the following members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 professional engineers, 3 designers, 3 professional land surveyors, 3 registered interior designers, and 10 12 public members.

AB320-AA2,3m Section 3m. 15.405 (2) (a) of the statutes is amended to read:

AB320-AA2,2,25 15.405 (2) (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a professional engineer section, a designer section, and a professional land surveyor section, and a registered interior designer 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.

AB320-AA2,4m Section 4m. 15.405 (2) (b) of the statutes is amended to read:

AB320-AA2,3,6 15.405 (2) (b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration or licensure, and all other matters of interest to either the architect, landscape architect, engineer, designer, or professional land surveyor, or registered interior designer section shall be acted upon solely by the interested section.

AB320-AA2,5m Section 5m. Subchapter X of chapter 440 [precedes 440.96] of the statutes is repealed.

AB320-AA2,6m Section 6m. Chapter 443 (title) of the statutes is amended to read:

AB320-AA2,3,16 CHAPTER 443 EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL LAND SURVEYORS, AND REGISTERED INTERIOR DESIGNERS

AB320-AA2,7m Section 7m. 443.01 (3) of the statutes is amended to read:

AB320-AA2,3,20 443.01 (3) “Examining board" means the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors, and registered interior designers.

AB320-AA2,8m Section 8m. 443.01 (3c) of the statutes is created to read:

AB320-AA2,3,25 443.01 (3c) “Interior alteration or construction project” means a project for an interior space or area within a proposed or existing building or structure, including construction, modification, renovation, rehabilitation, or historic preservation, that involves changing or altering any of the following:

AB320-AA2,4,1 (a) The design function or layout of rooms.

AB320-AA2,4,2 (b) The state of permanent fixtures or equipment.

AB320-AA2,4,5 (c) The interior space or area if the change or alteration requires verification of the compliance of the interior space or area with a building code, fire code, the federal Americans with Disabilities Act, or state or local regulations.

AB320-AA2,4,6 (d) Interior furnishings.

AB320-AA2,4,7 (e) Nonstructural elements of the interior space or area.

AB320-AA2,9m Section 9m. 443.01 (3e) of the statutes is created to read:

AB320-AA2,4,13 443.01 (3e) “Interior technical submission” means a design, drawing, specification, study, or other technical report or calculation that establishes the scope of an interior design project, including a description of standards of quality for materials, skilled labor, equipment, and construction systems, and that is signed and sealed by a Wisconsin registered interior designer in compliance with this chapter.

AB320-AA2,10m Section 10m. 443.01 (5m) of the statutes is created to read:

AB320-AA2,4,22 443.01 (5m) (a) “Practice of interior design” means the design of interior spaces as a part of an interior alteration or construction project in conformity with public health, safety, and welfare requirements, including the preparation of documents relating to building code descriptions, egress plans requiring no increase in the number of exterior or fire stair exits, space planning, finish materials, furnishings, fixtures, and equipment and the preparation of interior technical submissions relating to interior construction that does not affect the structural systems of a building and that does not affect the mechanical systems of a building.

AB320-AA2,4,23 (b) “Practice of interior design” does not include any of the following:

AB320-AA2,4,24 1. Services that constitute the practice of professional engineering.

AB320-AA2,5,2 2. Services that constitute the practice of architecture, except as specifically provided in this chapter.

AB320-AA2,5,3 3. Engineering or designing of any of the following:

AB320-AA2,5,5 a. Foundations, beams, trusses, columns, or other primary structural framing members or seismic systems.

AB320-AA2,5,7 b. Structural concrete slabs, roof framing systems, or load-bearing or shear walls.

AB320-AA2,5,8 c. Openings in a roof or exterior wall.

AB320-AA2,5,10 d. Exterior elements, including doors, windows, awnings, canopies, sunshades, signage, and other similar exterior building elements.

AB320-AA2,5,15 e. Heating, ventilating, or air conditioning equipment or distribution systems; building management systems; high or medium voltage electrical distribution systems; standby or emergency power or distribution systems; plumbing; plumbing distribution systems; fire alarm systems; fire sprinkler systems; security or monitoring systems; or other related building systems.

AB320-AA2,11m Section 11m. 443.01 (9) of the statutes is created to read:

AB320-AA2,5,18 443.01 (9) “Wisconsin registered interior designer” means a person registered as a Wisconsin registered interior designer under this chapter.

AB320-AA2,12m Section 12m. 443.015 (1e) of the statutes is created to read:

AB320-AA2,5,25 443.015 (1e) The rules promulgated under sub. (1) by the registered interior designer section of the examining board shall require a Wisconsin registered interior designer to complete at least 15 hours of continuing education during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a). At least 6 of the 15 hours shall be in subjects related to the practice of interior design which safeguard the public's health, safety, and welfare.

AB320-AA2,13m Section 13m. 443.02 (5) of the statutes is created to read:

AB320-AA2,6,6 443.02 (5) No person may use the title “Wisconsin registered interior designer,” use any title or description that implies that he or she is a Wisconsin registered interior designer, or represent himself or herself to be a Wisconsin registered interior designer unless the person is registered as a Wisconsin registered interior designer under this chapter.

AB320-AA2,14m Section 14m. 443.075 of the statutes is created to read:

AB320-AA2,6,12 443.075 Registration requirements for interior designers. The registered interior designer section of the examining board shall register as a Wisconsin registered interior designer an individual who submits an application to the registered interior designer section on a form provided by the registered interior designer section and who satisfies one of the following requirements:

AB320-AA2,6,13 (1) The individual does all of the following:

AB320-AA2,6,16 (a) Passes an interior design examination approved by the registered interior designer section that is administered by an organization approved by the registered interior designer section.

AB320-AA2,6,18 (b) Meets any other requirements established by the registered interior designer section by rule.

AB320-AA2,6,20 (2) The individual is registered as an architect under s. 443.03 and submits evidence satisfactory to the registered interior designer section of all of the following:

AB320-AA2,6,21 (a) That he or she is a graduate of a 4-year architecture program.

AB320-AA2,6,23 (b) That he or she has at least 6 years of demonstrated practical experience in interior design of a character satisfactory to the registered interior designer section.

AB320-AA2,15m Section 15m. 443.08 (title) of the statutes is amended to read:

AB320-AA2,7,2 443.08 (title) Registration requirement and use of title: firms, partnerships and corporations.

AB320-AA2,16m Section 16m. 443.08 (7) of the statutes is created to read:

AB320-AA2,7,9 443.08 (7) (a) A firm, partnership, or corporation may use the term “Wisconsin registered interior designer" or “Wisconsin registered interior designers," or may advertise or make representations that it provides the services of a Wisconsin 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 Wisconsin registered interior designer.

AB320-AA2,7,14 (b) No firm, partnership, or corporation may be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this chapter, nor may any individual practicing interior design be relieved of responsibility for interior designing services performed by reason of his or her employment or relationship with the firm, partnership, or corporation.

AB320-AA2,17m Section 17m. 443.10 (1) (e) of the statutes is created to read:

AB320-AA2,7,23 443.10 (1) (e) The registered interior designer section may, upon application and payment of the required fee, grant a certificate of registration to use the title “Wisconsin 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 interior designers are of a standard not lower than specified in this chapter.

AB320-AA2,18m Section 18m. 443.10 (2) (a) of the statutes is amended to read:

AB320-AA2,8,9 443.10 (2) (a) Applications for registration or for a certificate of record shall be on forms 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 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. This paragraph does not apply to an application for registration as a Wisconsin registered interior designer.

AB320-AA2,19m Section 19m. 443.10 (2) (e) of the statutes is amended to read:

AB320-AA2,8,14 443.10 (2) (e) The renewal date for certificates of registration for architects, landscape architects, and professional engineers , and Wisconsin registered interior designers is specified under s. 440.08 (2) (a), and the fee for renewal of such certificates is determined by the department under s. 440.03 (9) (a).

AB320-AA2,20m Section 20m. 443.10 (4) (am) of the statutes is created to read:

AB320-AA2,8,20 443.10 (4) (am) The registered interior designer section of the examining board shall prepare each year a list showing the names and business addresses of all persons registered as a Wisconsin registered interior designer under this chapter. Upon request, the registered interior designer section shall provide a list prepared under this paragraph to any person at cost.

AB320-AA2,21m Section 21m. 443.11 (title) of the statutes is amended to read:

AB320-AA2,8,23 443.11 (title) Disciplinary proceedings against architects, landscape architects and, engineers , and registered interior designers.

AB320-AA2,22m Section 22m. 443.11 (1) (intro.) of the statutes is amended to read:

AB320-AA2,9,5 443.11 (1) (intro.) The appropriate section of the examining board may reprimand an architect, landscape architect, or professional engineer, or Wisconsin registered interior designer or limit, suspend, or revoke the certificate of registration of any registrant, and the certificate of record of any engineer-in-training, who is found guilty of:

AB320-AA2,23m Section 23m. 443.11 (1) (dm) of the statutes is created to read:

AB320-AA2,9,8 443.11 (1) (dm) Any gross negligence or misconduct, or any gross incompetence, in the practice of interior design as a Wisconsin registered interior designer.

AB320-AA2,24m Section 24m. 443.16 of the statutes is amended to read:

AB320-AA2,9,18 443.16 Change of name. No person may practice architecture, landscape architecture, or professional engineering, or interior design in this state under any other given name or any other surname than that under which the person was originally licensed or registered to practice in this or any other state, in any instance in which the examining board, after a hearing, finds that practicing under the changed name operates to unfairly compete with another practitioner or to mislead the public as to identity or to otherwise result in detriment to the profession or the public. This section does not apply to a change of name resulting from marriage or divorce.

AB320-AA2,25m Section 25m. 443.17 of the statutes is renumbered 443.17 (1).

AB320-AA2,26m Section 26m. 443.17 (2) of the statutes is created to read:

AB320-AA2,9,23 443.17 (2) (a) The registered interior designer section of the examining board shall promulgate rules establishing specifications for seals and stamps used by Wisconsin registered interior designers.

AB320-AA2,10,3 (b) No Wisconsin registered interior designer may impress his or her seal or stamp upon a document unless the seal or stamp satisfies the specifications established by rule under par. (a).

AB320-AA2,27m Section 27m. 443.17 (3) of the statutes is created to read:

AB320-AA2,10,9 443.17 (3) A Wisconsin registered interior designer who is responsible for preparing an interior technical submission for delivery to any person or for a public record shall date, sign, and impress his or her seal or stamp upon the interior technical submission and any other related documents prepared by the Wisconsin registered interior designer.

AB320-AA2,28m Section 28m. 443.17 (4) of the statutes is created to read:

AB320-AA2,10,14 443.17 (4) No Wisconsin registered interior designer may impress his or her seal or stamp upon a document that has not been prepared by the Wisconsin registered interior designer or knowingly permit his or her seal or stamp to be used by any other person.

AB320-AA2,29m Section 29m. 443.175 of the statutes is created to read:

AB320-AA2,10,19 443.175 Submission of documents; interior designers. (1) Subject to s. 443.17 (3), a Wisconsin registered interior designer may sign and seal interior technical submissions that are required for an interior alteration or construction project for public record.

AB320-AA2,10,24 (2) If a city, village, town, or county requires a seal or stamp on interior technical submissions that are submitted for an interior alteration or construction project, the city, village, town, or county shall accept interior technical submissions impressed with the seal or stamp of a Wisconsin registered interior designer consistent with this chapter.