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 9  AN ACT concerning interior designers; providing for the registration
10    thereof; prescribing the powers and duties of the board of technical
11    professions in relation thereto; amending K.S.A. 74-7005 and 74-7006
12    and repealing the existing sections.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    New Section 1.  Sections 1 through 16, and amendments thereto,
16  shall be known and may be cited as the interior designer registration act.
17    New Sec. 2.  As used in this act:
18    (a)  ``Board'' means the state board of technical professions created
19  under K.S.A. 74-7004, and amendments thereto.
20    (b)  ``Interior design'' or ``interior designing'' means the enhancement
21  of the function and quality of interior spaces.
22    (c)  ``Registered interior designer'' means a person who engages in the
23  profession of interior designing and is registered under this act.
24    New Sec. 3.  (a) On and after January 1, 1999, no person shall identify
25  such person as a registered interior designer without first being registered
26  as such as provided by the interior designer registration act.
27    (b)  Violation of this section is a class A misdemeanor.
28    New Sec. 4.  (a) An applicant for registration as a registered interior
29  designer shall furnish evidence that the applicant:
30    (1)  Has attained the age of majority;
31    (2)  has graduated from a college or university program as defined by
32  the board that is adequate in its preparation of students to perform in-
33  terior design services;
34    (3)  has proof of interior design experience of a character satisfactory
35  to the board, as defined by rules and regulations adopted by the board;
36  and
37    (4)  has passed an examination approved by the board.
38    (b)  Each applicant shall pay an application fee and examination fee
39  established by the board under section 12.
40    New Sec. 5.  (a) Until January 1, 2000, a registration shall be issued
41  to an applicant without examination if such applicant is currently per-
42  forming interior design services and has been in the business of interior
43  design provided that the applicant has satisfactory evidence of having used
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 1  or been identified by the title ``interior designer'' and has:
 2    (1)  A combination of interior design education and experience total-
 3  ing eight years which include either a minimum of three years of diver-
 4  sified and appropriate interior design experience or two years of interior
 5  design education or both; or
 6    (2)  twelve years of diversified and appropriate design experience.
 7    (b)  Applicants seeking registration pursuant to this section shall pay
 8  an application fee established by the board under section 12.
 9    New Sec. 6.  The board shall issue a registration to an individual who
10  is currently registered as an interior designer in another jurisdiction if the
11  board determines that the standards for registration as an interior de-
12  signer in the other jurisdiction are at least equivalent to or exceed the
13  requirements of this act and rules and regulations adopted by the board.
14  An applicant for a registration under this section shall pay an application
15  fee established by the board under section 12.
16    New Sec. 7.  (a) An applicant who meets the requirements for reg-
17  istration pursuant to this act, has paid the registration fee provided for by
18  section 12 and has otherwise complied with the provisions of this act shall
19  be registered by the board.
20    (b)  Registrations issued pursuant to this act shall expire 24 months
21  from the date of issuance unless revoked prior to that time. A registration
22  may be renewed upon application and payment of the fee provided for
23  by section 12. The application for renewal shall be accompanied by evi-
24  dence satisfactory to the board that the applicant has completed during
25  the previous 24 months the continuing education required by rules and
26  regulations of the board.
27    (c)  A person whose registration has been suspended or revoked may
28  make written application to the board requesting reinstatement of the
29  registration upon termination of the period of suspension or revocation
30  in a manner prescribed by the board, which application shall be accom-
31  panied by the fee provided for by section 12.
32    New Sec. 8.  Except as provided by this act, no applicant seeking an
33  original certificate of registration as a registered interior designer shall be
34  entitled to such registration without first meeting the requirement to take
35  and pass an examination utilized by the board.
36    New Sec. 9.  Applications for registration as a registered interior de-
37  signer shall be in writing and on forms prescribed and furnished by the
38  board and shall contain statements made under oath showing the appli-
39  cant's education and a detailed summary of the applicant's technical work,
40  previous examinations, if any, and the results thereof and such other in-
41  formation and references as may be required by the board. All such ap-
42  plications shall be filed with the executive director, together with the
43  application fee prescribed under section 12 and amendments thereto, not
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 1  later than 90 days prior to the date of the examination. Applications for
 2  examination, and the fee therefor, received after such date shall be re-
 3  tained by the board and shall be reviewed for eligibility to take the next
 4  succeeding examination held by the board, and the applicant shall be
 5  notified by the board of the time, date and place of the examination. An
 6  applicant who fails to appear for four scheduled examinations must reap-
 7  ply and again pay the current prescribed fee. Any applicant failing the
 8  examination may apply for reexamination within six months following date
 9  of failure and will be reexamined upon payment of the application fee
10  prescribed under section 12 and amendments thereto.
11    New Sec. 10.  (a) All examinations required by this act shall be held
12  at such time and place as the board determines. The scope of the ex-
13  aminations and the methods of procedure shall be prescribed by the
14  board. The board, after receiving satisfactory evidence of the qualifica-
15  tions of applicants and after satisfactory examination of the applicants,
16  shall issue a certificate of registration which shall authorize such person
17  to identify themselves as a registered interior designer and use the title
18  of registered interior designer. Each certificate of registration shall show
19  the full name of the registrant, shall have a serial number and shall be
20  signed by the chairperson and the secretary of the board under seal of
21  the board. The issuance of a certificate of registration by the board shall
22  be prima facie evidence that the person named on the certificate of reg-
23  istration is legally registered and is entitled to all the rights and privileges
24  of a registered interior designer while such registration remains un-
25  [chrevoked and unexpired.
26    (b)  Each registered interior designer shall purchase a seal of a dis-
27  tinctive design authorized by the board, bearing the registrant's name and
28  number and a uniform inscription formulated by the board. Documents,
29  reports, records and papers signed by the registrant in the registrant's
30  professional capacity shall be stamped with the seal during the duration
31  of the certificate of registration. It shall be unlawful for anyone to stamp
32  any document with the seal after the certificate of registration has expired
33  or has been revoked, unless the certificate of registration has been re-
34  newed or reissued. No person shall tamper with or revise the seal without
35  express written approval by the board.
36    (c)  Any registered interior designer may stamp any documents sub-
37  mitted to such registered interior designer by any registered interior de-
38  signer in another state upon assuming full responsibility for furnishing
39  complete and adequate observation of the work covered by the docu-
40  ments to which the Kansas registered interior designer has affixed the
41  seal.
42    New Sec. 11.  (a) The executive director shall notify every person
43  registered under this act of the date of the expiration of the certificate of
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 1  registration and the amount of the fee that is required for its renewal for
 2  two years. The registrant shall notify the board in writing of any change
 3  of the registrant's address within 30 days after the date of such change.
 4  The renewal notice shall be mailed to the last address provided to the
 5  board by the registrant at least one month in advance of the date of the
 6  expiration of the certificate of registration. Renewal may be effected with-
 7  out penalty any time during a period of 60 days following the date of the
 8  expiration of the license or certificate of registration by the payment of a
 9  renewal fee established by the board pursuant to the provisions of section
10  12 and amendments thereto.
11    (b)  As a condition for obtaining renewal of a certificate of registration,
12  the board may require proof of compliance with continuing education
13  requirements established by rules and regulations.
14    (c)  The failure on the part of any registrant to effect renewal or re-
15  instatement of a certificate of registration as required above shall result
16  in the cancellation of the certificate of registration by the board.
17    (d)  Any person whose certificate of registration has been cancelled
18  pursuant to subsection (c) may have the certificate of registration rein-
19  stated by the board for good cause shown and upon payment of a penalty
20  determined by the board in an amount of not more than $100.
21    (e)  A new certificate of registration, to replace any lost, destroyed or
22  mutilated license, may be issued, subject to rules and regulations of the
23  board, and upon payment of a late fee established by the board under
24  section 12.
25    New Sec. 12.  (a) The board shall fix by rules and regulations and
26  shall collect fees for the following:
27    (1)  Application for registration;
28    (2)  examination;
29    (3)  renewal of a registration;
30    (4)  reinstatement of a registration;
31    (5)  replacement of a registration; and
32    (6)  late renewal of registration.
33    (b)  Fees paid to the board are not refundable.
34    (c)  On or before November 15, each year, the board shall determine
35  the amount necessary to administer the provisions of the interior designer
36  registration act for the ensuing calendar year including the amount to be
37  credited to the state general fund, and shall fix the fees for such year at
38  the sum deemed necessary for such purposes. The board shall remit all
39  moneys received by or for it from fees, charges or penalties to the state
40  treasurer at least monthly. Upon receipt of each such remittance the state
41  treasurer shall deposit the entire amount thereof in the state treasury.
42  Twenty percent of each such deposit shall be credited to the state general
43  fund and the balance shall be credited to the technical professions fee
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 1  fund created pursuant to K.S.A. 74-7009 and amendments thereto. All
 2  expenditures from such fund shall be made in accordance with appro-
 3  priation acts upon warrants of the director of accounts and reports issued
 4  pursuant to vouchers approved by the chairperson of the board or by a
 5  person or persons designated by the chairperson.
 6    New Sec. 13.  (a) The board shall have the power to reprimand or
 7  otherwise discipline, suspend or revoke the certificate of registration of
 8  any person who is found guilty of:
 9    (1)  The practice of any fraud or deceit in obtaining a certificate of
10  registration;
11    (2)  any gross negligence, incompetency, misconduct or wanton dis-
12  regard for the rights of others while engaging in the profession of interior
13  design;
14    (3)  a conviction of a felony as set forth in the criminal statutes of the
15  state of Kansas, of any other state or of the United States;
16    (4)  violation of any rules of professional conduct adopted and prom-
17  ulgated by the board or violation of rules and regulations adopted by the
18  board for the purpose of carrying out the provisions of this act; or
19    (5)  affixing or permitting to be affixed such registrant's seal or name
20  to any documents, reports, records or papers which were not prepared
21  by such registrant or prepared under the direct supervision and control
22  of such registrant, except as provided in section 10.
23    (b)  The board, for reasons it may deem sufficient, may reissue a cer-
24  tificate of registration to any person whose certificate of registration has
25  been revoked and may remove the suspension of the certificate of reg-
26  istration of any person whose certificate of registration has been sus-
27  pended providing seven or more members of the board vote in favor of
28  such reissuance or removal of suspension. A new certificate of registra-
29  tion, to replace any revoked or suspended certificate of registration, may
30  be issued, subject to rules and regulations of the board, and a charge of
31  $100 shall be made for the issuance of such certificate of registration.
32    (c)  Any action of the board pursuant to this section shall be subject
33  to the provisions of the Kansas administrative procedure act. Judicial re-
34  view and civil enforcement of agency actions under interior designer reg-
35  istration act shall be in accordance with the act for judicial review and
36  civil enforcement of agency actions.
37    New Sec. 14.  (a) A roster showing the names and places of business
38  of all persons registered under the interior designer registration act shall
39  be maintained by the executive director of the board. Copies of the roster
40  may be placed, at the discretion of the board, on file with the secretary
41  of state and with the clerk of each county in this state and shall be fur-
42  nished to such other persons as determined by the board. Copies shall
43  be furnished to members of the public upon request. The board may
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 1  charge and collect a fee for copies furnished to members of the public in
 2  an amount to be fixed by the board and approved by the director of
 3  accounts and reports under K.S.A. 45-219 and amendments thereto in
 4  order to recover the actual costs incurred. All fees collected under this
 5  section shall be remitted to the state treasurer who shall deposit the entire
 6  amount thereof in the state treasury and credit such amount to the tech-
 7  nical professions fee fund.
 8    (b)  The roster required by subsection (a) shall show:
 9    (1)  The name and residence of each applicant;
10    (2)  the date of the application;
11    (3)  the place of business of such applicant;
12    (4)  the applicant's educational and other qualifications;
13    (5)  whether or not an examination was required;
14    (6)  the action of the board upon the application;
15    (7)  the date of the action of the board; and
16    (8)  such other information as may be deemed necessary by the board.
17    (c)  The records of the board shall be prima facie evidence of the
18  proceedings of the board set forth therein, and a transcript thereof, duly
19  certified by the secretary of the board under seal, shall be admissible in
20  evidence with the same force and effect as if the original were produced.
21    New Sec. 15.  The provisions of the interior designer registration act
22  shall not be construed to prevent or to affect:
23    (a)  Persons from providing interior design services, except such per-
24  son shall not be permitted to use the title ``registered interior designer''
25  unless registered in accordance with this act.
26    (b)  Persons selecting or providing assistance in the selection of sur-
27  face materials, window treatments, wallcoverings, paint, floorcoverings,
28  surface mounted lighting or loose furnishings not subject to regulation
29  under the uniform building code or life safety code, as currently adopted
30  by the division of architectural services of the state of Kansas.
31    (c)  Persons engaging in the publication of books or pamphlets illus-
32  trating interior designs.
33    (d)  Persons associated with other technical professions.
34    New Sec. 16.  (a) In addition to any other penalty prescribed under
35  the registered interior designer act, the board may assess civil fines and
36  costs, including attorney fees, after proper notice and an opportunity to
37  be heard, against any person or entity for a violation of the statutes, rules
38  and regulations or orders enforceable by the board in an amount not to
39  exceed $5,000 for the first violation, $10,000 for the second violation and
40  $15,000 for the third violation and for each subsequent violation. All civil
41  fines assessed and collected under this section shall be remitted to the
42  state treasurer and credited to the state general fund. All costs assessed
43  under this section shall be deposited in the state treasury and credited to
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 1  the technical professions fee fund.
 2    (b)  In determining the amount of penalty to be assessed pursuant to
 3  this section, the board may consider the following factors among others:
 4    (1)  Willfulness of the violation:
 5    (2)  repetitions of the violation; and
 6    (3)  magnitude of the risk of harm caused by the violation.
 7    Any person licensed to practice the technical professions in the state
 8  of Kansas at the time this act takes effect shall thereafter continue to
 9  possess the same rights and privileges with respect to the practice of the
10  technical profession for which such person is licensed without being re-
11  quired to obtain a new license under the provisions of this act, subject to
12  the power of the board as provided in this act to suspend or revoke the
13  license of any such person for any of the causes set forth in K.S.A. 74-
14  7026 and amendments thereto, and subject to the power of the board to
15  require any such person to renew such license as provided in K.S.A. 74-
16  7025 and amendments thereto.
17    Section 17.  K.S.A. 74-7005 is hereby amended to read as follows: 74-
18  7005. (a) Membership of the board shall be as follows:
19    (1)  Four members shall have been engaged in the practice of engi-
20  neering for at least eight years and shall be licensed engineers. At least
21  one of such members shall be engaged in private practice as an engineer.
22  At least one of such members shall also be licensed as a land surveyor, as
23  well as a licensed engineer.
24    (2)  Two members shall have been engaged in the practice of land
25  surveying for at least eight years and shall be licensed land surveyors.
26    (3)  Three members shall be licensed architects of recognized stand-
27  ing and shall have been engaged in the practice of the profession of ar-
28  chitecture for at least eight years, which practice shall include responsible
29  charge of architectural work as principal.
30    (4)  One member shall be a licensed landscape architect and shall have
31  been engaged in the practice of landscape architecture for at least eight
32  years, which practice shall include responsible charge of landscape ar-
33  chitectural work as principal.
34    (5)  One member shall be a registered interior designer who has been
35  engaged in the profession of interior design for at least eight years and
36  who would qualify upon application under this act to be a registered
37  interior designer. After the initial appointment, the interior designer mem-
38  ber shall hold a valid interior design registration.
39    (5)  Three (6)  Two members shall be from the general public of this
40  state.
41    (b)  Each member of the board shall be a citizen of the United States
42  and a resident of this state.
43    (c)  In determining matters related to licensing of architects, only a
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 1  majority vote of the members described in paragraphs (1) through (5)
 2  shall be required. In determining matters related to registration of interior
 3  designers, the affirmative vote of the interior design member of the board
 4  shall be required.
 5    (d)  The amendments to this section shall not be applicable to any
 6  member of the board who was appointed to the board and qualified for
 7  such appointment under this section prior to the effective date of this act.
 8    Sec. 18.  K.S.A. 74-7006 is hereby amended to read as follows: 74-
 9  7006. (a) Whenever a vacancy shall occur occurs in the membership of
10  the board by reason of the expiration of a term of office, the governor
11  shall appoint a successor of like qualifications. Subject to the provisions
12  of subsection (b), all appointments shall be for a term terms of four years,
13  but no member shall be appointed for more than three successive four-
14  year terms. The term of each member first appointed after January 1,
15  1993, for the purpose of computing the length of the term of such mem-
16  ber, shall commence on the first calendar day subsequent to the day of
17  expiration of the preceding term, regardless of when the appointment is
18  made, and shall end on June 30 of the fourth year of the member's term
19  for those members whose terms commence on July 1, or on June 30
20  following the third full year of the member's term for those members
21  whose terms commence on January 1. Thereafter, for the purpose of
22  computing the length of term of a member of the board, the terms of
23  members appointed to the board shall commence on the July 1 imme-
24  diately following the day of expiration of the preceding term, regardless
25  of when the appointment is made, and shall expire on June 30 of the
26  fourth year of the member's term. Each
27    (b)  The term of office of the member first appointed pursuant to sub-
28  section (a)(5) of K.S.A. 74-7005 and amendments thereto shall end on
29  June 30, 1999.
30    (c)  Each member shall serve until a successor is appointed and qual-
31  ified. Whenever a vacancy shall occur in the membership of the board
32  for any reason other than the expiration of a member's term of office, the
33  governor shall appoint a successor of like qualifications to fill the unex-
34  pired term.
35    (d)  The governor may remove any member of the board for miscon-
36  duct, incompetency, neglect of duty, or for any other sufficient cause.
37    Sec. 19.  K.S.A. 74-7005 and 74-7006 are hereby repealed.
38    Sec. 20.  This act shall take effect and be in force from January 1,
39  1999, and after its publication in the statute book.