California NKBA Members Fight Legislation

At Issue: Practice Act which requires anyone performing interior design services to be licensed; passage of NCIDQ exam required

Impact: Members may no longer perform kitchen and bath design services, including drawings, specifying fixtures and furnishings, and analyzing client's needs, as well as any services "to enhance the quality and function of an interior area".

Action: Contact your Representatives and Members of the Committee to Voice Objections

Timing: ACT NOW.

NKBA needs your help in letting the members of the Senate Business, Professions and Economic Development Committee know that it should reject the efforts of a handful of interior designers who do not represent the design community to corner the market on interior design and not support Senate Bill 1312. California already has a voluntary, self-certification regulation that is not mandated or supported by state law. This bill would establish a state agency to regulate (and tax) the profession, put many thousands of our members and interior designers out of business, increase the cost to the consumer and do nothing to protect the public. THIS LAW WILL ABSOLUTELY PLACE YOUR BUSINESS AT RISK!

YOU ARE AN INTERIOR DESIGNER UNDER THE PROPOSED BILL. The bill contains a broad, sweeping definition of Interior design which will surely cover the many services you provide. Interior design is defined in the bill to include, but is not limited to, the following:

-- rendering services to enhance the quality and function of an interior area within a structure; -- analysis of a client's needs and goals for the interior area;
-- use of a systematic and coordinated methodology, including research, analysis, and integration of knowledge into the creative process, to satisfy the needs of a client in order to produce an interior space that fulfills a project's goals;
-- formulation of preliminary and final designs and contract documents;
-- preparation of specifications for partitions, materials, finishes, furniture, fixtures and equipment; and
-- collaboration with other registered design professionals

Unless you are licensed or otherwise exempt, this Bill will affect your ability to work in the State of California. While there are a number of requirements and conditions for licensure, the basic requirement is that you must have passed the NCIDQ exam, completed two to four years of design education and completed an internship of two to four years depending on the program from which you graduate.

LIMITED RETAIL: You will be told that retailers will be exempt from the license requirements. THAT IS NOT TRUE. Employees of a retail establishment will be permitted to provide consultation regarding interior decoration or furnishings on the premises of the retail establishment or in the furtherance of a retail sale or prospective retail sale. WHAT YOU DO ON A DAILY BASIS WILL NOT BE CONSIDERED "CONSULTATION REGARDING INTERIOR DECORATION". Excluded from this "grant" is any form of design service whatsoever. Furthermore, this exemption applies only to employees of retail businesses - left out are owners, independent contractors and independent designers who work out of a studio or other location, those who do not sell at retail and others who are not considered "employees" of a retail business.

LIMITED RIGHT TO PRACTICE: Unless licensed, you will only be "allowed" to prepare drawings of the layout of materials or furnishings or provide assistance in the selection of materials or furnishings provided that the implementation or installation of the materials or furnishings is not regulated by a building code or other regulation. IS THIS ALL YOU DO?

GRANDFATHERING? If you are already a Certified Interior Designer in California, you must take and pass Section I of the NCIDQ exam, provided that NCIDQ allows you to take the exam (which is doubtful given its strict education and internship eligibility requirements).

Make no mistake, if this bill passes, it will impact your business and ability to continue to offer kitchen and bath design services in the State of California.

It is imperative that our members let the Committee know that the design community does not support this restrictive, anticompetitive legislation and how much this law would hurt your businesses and the economy of the State of California. Let your fellow designers (both NKBA and non-NKBA interior designers, remodelers, and builders) know about this proposal and the need to act now. Please follow the link below to send a letter or email to the Committee members letting them know of your concern about the bill, how it will negatively impact your business, and your desire that it not be considered further.

With your help, we can make sure that California remains a favorable state in which to continue to do business. Our members are happy to compete on the merits and will match their skill and expertise with anyone; let's just keep the playing field even and allow the free market decide who should be hired for a project. Let your state legislators know that increased governmental regulation of your business is not necessary. You can send a letter or email to the Committee Members by clicking on the capwiz.com link.

PLEASE NOTE: The link will only send an email to representatives on the Committee who are in your legislative district. If a member is not in your district, then the email will go to your state representative. That is fine, but we need to let all of the Committee members know how many people this bill will affect. If your representative is not on the Senate Business, Professions and Economic Development Committee, please also send a copy of your message to each Committee member as well. Phone calls are also important.