OK
Oklahoma House Bill HB1793

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1793 Compare Versions

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334 BILL NO. 1793 By: Osburn and Archer of the
435 House
536
637 and
738
839 Pugh of the Senate
940
1041
1142
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1443 An Act relating to professions and occupations;
1544 amending 59 O.S. 2021, Section s 46.1, 46.2, 46.3,
16-46.4, as amended by Section 1, Chapter 62, O.S.L.
17-2023, 46.7, 46.9, 46.10, 46.11, 46.12, 46.14, 46.17,
45+46.4, 46.7, 46.9, 46.10, 46.11, 46.12, 46.14, 46.17,
1846 46.18, 46.19, 46.20, 46.21, 46.21b, 46.24, 46.25,
1947 46.28, 46.31, 46.34, 46.38, 46.39 , 46.40, 46.41,
20-46.42, 46.45, 46.46, and 46.47 (59 O.S. Supp. 2023,
21-Section 46.4), which relate to the State
22-Architectural and Registered Commercial Interior
23-Designers Act; modifying various provisions of the
24-act; changing name of act; changing name of
48+46.42, 46.45, 46.46 and 46.47, which rela te to the
49+State Architectural and Registered Commercial
50+Interior Designers A ct; modifying various provisions
51+of the act; changing name of act; changing name of
2552 registered commercial interior designers; providing
2653 for licensure; removing certification requirements;
2754 modifying definitions; changing name of the Board of
2855 Governors of the Architects, Landscape Architects and
2956 Licensed Interior Designers of Oklahoma ; modifying
3057 powers and duties of the Board; modifying use of
3158 certain title; modifying renewal of license;
3259 modifying grounds for suspension, revocation or
33-nonrenewal of license ; and providing exemption.
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39-SUBJECT: Professions and occupations
60+nonrenewal of license ; providing exemption; providing
61+an effective date; and declaring an emergenc y.
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4064
4165 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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4366 SECTION 1. AMENDATORY 59 O.S. 2021, Section 46.1, is
4467 amended to read as follows:
45- ENR. H. B. NO. 1793 Page 2
4668 Section 46.1 Section 46.1 et seq. of this title shall be known
4769 and may be cited as the "State Architectural and Registered
4870 Commercial Licensed Interior Designers Act ".
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5098 SECTION 2. AMENDATORY 59 O.S. 2021, Section 46.2, is
5199 amended to read as follows:
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53100 Section 46.2 In order to safeguard life, health and property
54101 and to promote public welfare, the professions of architecture ,
55102 landscape architecture and registered commercial licensed interior
56103 design are declared to be subject to regulation in the public
57104 interest. It is unlawful for any person to practice or offer to
58105 practice architecture or, landscape architecture , or licensed
59106 interior design in this state, as defined in the provi sions of the
60107 State Architectural and Registered Commercial Licensed Interior
61108 Designers Act, use in connection with the person's name, or
62109 otherwise assume the title of architect, landscape architect or
63110 registered commercial licensed interior designer, or advertise any
64111 title or description tending to convey the impressi on that the
65112 person is a licensed an architect or landscape architect or
66113 registered commercial licensed interior designer unless the person
67114 is duly licensed or exempt from licensure or registration under the
68115 State Architectural and Registered Commercial Licensed Interior
69116 Designers Act. The practice of architecture and, landscape
70117 architecture and the use of the titles architect, landscape
71118 architect and registered commercial licensed interior designer are
72119 privileges granted by the state through the Board of G overnors of
73120 the Licensed Architects, Landscape Architects and Registered
74121 Commercial Licensed Interior Designers of Oklahoma based upon the
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75149 qualifications of the individual as evidenced by a cer tificate of
76150 licensure or registration which shall not be transf erable.
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78151 SECTION 3. AMENDATORY 59 O.S. 2021, Section 46.3, is
79152 amended to read as follows:
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81153 Section 46.3 As used in the State A rchitectural and Registered
82154 Commercial Licensed Interior Designers Act:
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84155 1. "Architect" means any person who is licensed in the practice
85156 of architecture in the State of Oklahoma as hereinafter defined;
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87157 2. "Practice of architecture" means rendering or offe ring to
88158 render certain services, in connec tion with the design and
89159 construction, enlargement or alteratio n of a building or a group of
90-buildings and the space surrounding such buildings, including ENR. H. B. NO. 1793 Page 3
160+buildings and the space surrounding such buildings, including
91161 buildings which have as their principal purpose human occup ancy or
92162 habitation. The services referred to include planning, providing
93163 preliminary studies, designs, d rawings, specifications,
94164 investigations and other technical submissions, the administration
95165 of construction contr acts, and the coordination of any elem ents of
96166 technical submissions prepared by other consultants including, as
97167 appropriate and without limitat ion, consulting engineers and
98168 landscape architects reviewing and coordinating technical
99169 submissions prepared by other licensed professionals for use in the
100170 construction or alteration of any bui lding in the Code Use Groups
101171 subject to the State Architectural and Licensed Interior Designers
102172 Act; provided, that the practice of architecture shall include suc h
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103200 other professional services as may be necessary fo r the rendering of
104201 or offering to render a rchitectural services;
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106202 3. "Registration" or "license" "License" means a certificate of
107203 registration or license issued by the Board. The definition of
108204 "license" shall apply to those persons licensed under a practice
109205 act. The definition of "registration" shall apply to those persons
110206 registered under the title registe red commercial interior designer
111207 under this act;
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113208 4. "Building" means a structure consisting of a foundation,
114209 walls, all floors and roof, with or without other parts;
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116210 5. "Board" means the Board of Governors of the Licensed
117211 Architects, Landscape Architects and Registered Commercial Licensed
118212 Interior Designers of Oklahoma;
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120213 6. "Certificate of authority " means the authorization granted
121214 by the Board for perso ns to practice or offer to practice
122215 architecture, or landscape architecture, or licensed interior design
123216 through a partnership, firm, association, corporation, limited
124217 liability company or limited liability partnership;
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126218 7. "Certificate of title " means the authorization granted by
127219 the Board for a partnership, firm, association, corporation, limit ed
128220 liability company or limited liability partnership to use the title
129221 registered commercial interior designer or any modification or
130222 derivation of these ter ms;
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132250 8. "Technical submissions " means drawings, plans,
133251 specifications, studies and any other techn ical reports or documents
134252 which are issued in the course of practicing architecture , landscape
135-architecture or registered commercial licensed interior design with ENR. H. B. NO. 1793 Page 4
253+architecture or registered commercial licensed interior design with
136254 the intent that they be considered as for mal or final documents, but
137255 shall not include record drawings . Prototypical plans are not
138256 technical submissions;
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140257 9. 8. "Responsible control" means the amount of direct control
141258 and personal supervision of architectur al, landscape architectural
142259 or registered commercial licensed interior designer's design work
143260 and detailed knowledge of the content of tactical and technical
144261 submissions during their preparation as is ordinarily exercised by
145262 licensed architects, landscape architects or registered commercial
146263 licensed interior designers applying the required professional
147264 standard of care. The terms direct control and personal
148265 supervision, whether used separately or together, mean active and
149266 personal management of the firm 's personnel and practice to mai ntain
150267 charge of, and concurrent direction over, architecture, landscape
151268 architecture or the work of a registered commercial licensed
152269 interior designer's decisions design and the instruments of
153270 professional services to which th e licensee or registrant affixes
154271 the seal, signature, and date;
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156272 10. 9. "Landscape architect" means a person licensed to
157273 practice landscape architecture as provided in the State
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158301 Architectural and Registered Commercial Licensed Interior Designers
159302 Act;
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161303 11. 10. "Landscape architecture" means the performance of
162304 professional services defined as teaching, consult ations,
163305 investigations, reconnaissance, research, planning, design,
164306 preparation of construction drawings and specifications,
165307 construction observation and the coo rdination of any elements of
166308 technical submissions prepared by others in connection with the
167309 planning and arranging of land and the elements thereon for public
168310 and private use and enjoyment, including the design and layout of
169311 roadways, service areas, parki ng areas, walkways, steps, ram ps,
170312 pools, parks, parkways, trails and recreational areas, the lo cation
171313 and site of improvements including buildings and other structures,
172314 and the grading of the land, surface and subsoil drainage, erosion
173315 control, planting, r eforestation, and the preserva tion of the
174316 natural landscape, in accordance with accepted profes sional
175317 standards, and to the extent that the dominant purpose of such
176318 services or creative works is the preservation, conservation,
177319 enhancement, or determination of proper land uses, natural land
178320 features, ground cover and plantings, or naturalistic and ae sthetic
179321 values.
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181322 The practice of landscape architecture shall include the
182323 location and arrangement of tangible objects and features as are
183324 incidental and necessar y to the purpose outlined for landscape
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184352 architecture. The practice of landscape architecture s hall not
185353 include the design of structures or facilities with separate and
186354 self-contained purposes for habitation or industry, or the design of
187355 public streets, highways, utilities, storm and s anitary sewers and
188356 sewage treatment facilities, that are statutor ily defined as the
189357 practice of engineering or architecture;
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191358 12. 11. "Code" means the nationally recognized codes adopted by
192359 the Uniform Building Code Commission of the State of Oklahoma;
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194360 13. 12. "Applicable building official" means the official
195361 responsible for the application of the adopted building code as
196362 implemented by the local, municipal or county jurisdiction in which
197363 a building is located . Where no building code has been adopted by
198364 the local, municipal or county jurisdiction, the applicable buildi ng
199365 official shall be defined as the State Fire Marshal;
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201366 14. "Registered commercial interior designer" means a person
202367 recognized by this state who is registered, qualified by examination
203368 and meeting all the requirements set forth in the State
204369 Architectural and Registered Commercial Interior Designers Act and
205370 the Board's rules;
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207371 13. "Licensed interior designer " means a person licensed to
208372 practice licensed interior d esign as provided in the Stat e
209373 Architectural and Licensed Interior Designers Act ;
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211374 15. 14. "Plans" means technical documents issued by the
212375 licensed and/or registered professionals intended to meet all
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213403 current and applicable codes as ad opted by the Uniform Building Code
214404 Commission of the State of Oklahoma, other statutory codes and
215405 applicable federal codes and which shall be submitted to all
216406 required building code and/or permit offices required by the State
217407 of Oklahoma, county, municipal and/or federal gover nment;
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219408 16. 15. "Equivalent standards" means those standards adopted by
220409 the Board intended to be used as alternative equivalents to
221410 determine competency for education, training and testing for
222411 licensing architects and/or, landscape architects and registering
223412 commercial licensed interior designers and for complying with the
224413 Military Service Occupation, Education and Credentialing Act for
225-military personnel and their spouses ; ENR. H. B. NO. 1793 Page 6
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414+military personnel and their spouses ;
227415 17. "Commercial interior design " means the rendering of or the
228416 offering to render designs, consultations, studie s, planning,
229417 drawings, specifications, contract doc uments or other technical
230418 submissions and the administration of interior construction and
231419 contracts relating to nonstructural interior construction by a
232420 registered commercial interior designer in a new con structed or
233421 existing building when the core and she ll elements are not going to
234422 be changed;
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236423 18. "Nonstructural commercial interior construction" means the
237424 construction of elements which do not include exterior componen ts of
238425 a building such as exterior walls , any load-bearing wall, any load -
239426 bearing column or any other load-bearing elements of a building
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240454 essential to the structural integrity of the building such as wind
241455 loads and seismic loads and to any element which mus t be designed
242456 for wind loads and seismi c loads; and
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244457 16. "Licensed interior design" means the rendering of or the
245458 offering to render services relating to nonstructural interior
246459 construction by a licensed interior designer in a newly constructed
247460 or existing building, including but not limited to :
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249461 a. analysis, research, planning, an d design of the
250462 interior spaces of a building for the purpose of
251463 enhancing and protecting the health, safety, a nd
252464 welfare of the public by p reparation of interior
253465 drawings, specifications, or other technical
254466 submissions and administration of nonstructural
255467 interior construction ,
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257468 b. design and specification of code-compliant interior
258469 finishes, furnishings, fixtures, or equipment,
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260470 c. design or modification of existing nonstructural
261471 interior partitions, doors, suspended ceil ing systems,
262472 or constructed ceiling e lements,
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264473 d. design or modification of existing internal
265474 circulation systems or number and configuration of
266475 interior exits for suite occupant load, or
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268476 e. review, analysis, and evaluation of building codes,
269-accessibility standards, or guidelines for interior ENR. H. B. NO. 1793 Page 7
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270505 planning, design, and non structural interior
271506 construction compliance;
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273507 17. "Nonstructural interior construction " means the
274508 construction of elements which do not include:
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276509 a. design of, or the responsibility for , architectural
277510 and engineering work, except as explicitly provided
278511 for in this act,
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280512 b. altering the building's existing primary structural,
281513 fire and life safety, mechanical, electrical, and
282514 plumbing systems, as set out in Oklahoma st ate law,
283515 this act, or the current International Building Code
284516 as adopted by the Oklahoma Unifo rm Building Code
285517 Commission, or other related primary building systems ,
286518 and
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288519 c. changes to the building 's core and shell; and
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290520 l9. 18. "Fire and life safety systems " means those systems and
291521 construction that pertain to fire and life safety protection, such
292522 as fire sprinklers, fire alarms, smoke evacuation systems, fire
293523 walls, fire barriers or smoke barriers as defined by the current
294524 International Building Code adopte d by the Oklahoma Uniform Bu ilding
295525 Code Commission.
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297526 The definitions in the State Architectura l and Registered
298527 Commercial Licensed Interior Designers Act shall have the same
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299555 meaning when applicable to any rule promulgated pursuant to such
300556 act.
301-
302-SECTION 4. AMENDATORY 59 O.S. 2021, Section 46.4, as
303-amended by Section 1, Chapter 62, O.S.L. 202 3 (59 O.S. Supp. 2023,
304-Section 46.4), is amended to read a s follows:
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557+SECTION 4. AMENDATORY 59 O.S. 2021, Section 46.4, is
558+amended to read as follows:
306559 Section 46.4 There is hereby re-created, to continue until July
307-1, 2026, in accordance with the provisions of the Oklahoma Sunset
560+1, 2023, in accordance with the provisions of the Oklahoma Sunset
308561 Law, a board to be known as the "Board of Governors of the Licensed
309562 Architects, Landscape Architects and Registered Commercial Licensed
310563 Interior Designers of Oklahoma", hereinafter referred to as the
311564 Board. The Board shall be compo sed of eleven (11) members includi ng
312565 six persons who are duly licensed to practice architecture and are
313566 in good standing in this state, two persons who are duly licensed to
314-practice landscape architecture and are in good standing in th is ENR. H. B. NO. 1793 Page 8
567+practice landscape architecture and are in good standing in th is
315568 state, two persons who are registered commercial duly licensed
316569 interior designers and who are active and in good standing and one
317570 lay member. Each member of the Boar d shall be a qualified elector
318571 of this state, and the architect, landscape architect and registered
319572 commercial licensed interior designer members shall have had five
320573 (5) years' licensing or registration experience as the professional
321574 position requires in t his state. Re-creation of the Board shall not
322575 alter existing staggered terms . Board members, other than th e lay
323576 member, shall be appointed for a period of five (5) years
324577 thereafter; provided, that nothing herein shall affect the tenure of
325578 office of anyone who is a member of the Board on May 31, 1957. A
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326606 member may be reappointed to succeed such membership . The licensed
327607 architect, landscape architect or the registered commercial licensed
328608 interior designer members may be appointed by the Governor from a
329609 list of nominees submitted by respective professional societies of
330610 this state. Membership in a professional s ociety shall not be a
331611 prerequisite to appointment to the Board . The lay member of the
332612 Board shall be appointed by the Governor to a term coterminou s with
333613 that of the Governor. The lay member shall serve at the pleasure of
334614 the Governor. Provided, the lay member may continue to serve after
335615 the expiration of the term of the member until such time as a
336616 successor is appointed. Vacancies which may occur in the membership
337617 of the Board shall be filled by appointment by the Governor . Each
338618 person who has been ap pointed to fill a vacancy shall serve for the
339619 remainder of the ter m for which the member the person shall succeed
340620 was appointed and until a successo r, in turn, has been appointed and
341621 shall have qualified. Each member of the Board, before entering
342622 upon the discharge of the duties of the member, shall make and file
343623 with the Secretary of State a written oath or affirmation for the
344624 faithful discharge of official duties. Each member of the Board and
345625 staff shall be reimbursed for travel expenses pursuant to the State
346626 Travel Reimbursement Act.
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348627 SECTION 5. AMENDATORY 59 O.S. 2021, Section 46.7, is
349628 amended to read as follows:
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351656 Section 46.7 In addition to the other powers and duties imposed
352657 by law, the Board of Governors of the Architects, Landscape
353658 Architects and Licensed Interior Designers of Oklahoma shall have
354659 the power and duty to:
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356660 1. Prescribe such rules and to m ake such orders, as it may deem
357661 necessary or expedient in the performance of its duties;
358- ENR. H. B. NO. 1793 Page 9
359662 2. Prepare, conduct, and grade examinations of pe rsons who
360663 shall apply for the issuance of licenses and registrations to them,
361664 and to promulgate such rules with refer ence thereto as it may deem
362665 proper as a portion used to determine competency for the issuance of
363666 licenses or registrations;
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365667 3. Work with nationally recognized licensing and registration
366668 organizations to prep are, conduct, and grade examinations, written
367669 or oral, of persons who shall apply for the issuance of licenses or
368670 registrations;
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370671 4. Determine the satisfactory passing score on examinat ions and
371672 issue licenses and registrations to persons who shall have pas sed
372673 examinations, or who shall otherwise be enti tled thereto;
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374674 5. Determine eligibility for licenses and certificates of
375675 authority and issue them;
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377676 6. Determine eligibility for regist ration as a registered
378677 commercial interior designer and for certificate o f title and issue
379678 them;
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381706 7. Promulgate rules to govern the issuing of reciprocal
382707 licenses and registrations;
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384708 8. 7. Upon good cause shown, as hereinafter provided, deny the
385709 issuance of a license, registration, or certificate of authority or
386710 certificate of title or suspend, revoke, refuse to renew or iss ue
387711 probation orders for licenses or registrations, and/or require
388712 additional education al coursework and determine when the objectives
389713 have been met;
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391714 9. 8. Upon proper showing, reinstate or conditionally rein state
392715 licenses, registrations, certificates of t itle or certificates of
393716 authority previously issued;
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395717 10. 9. Review, affirm, reverse, vacate or modify its order with
396718 respect to any such denia l, suspension, revocation, probation and/or
397719 educational coursework requirements or refusal to renew;
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399720 11. 10. Prescribe rules governing proceedings for the denial of
400721 issuance of a license, registration, or certificate of authority or
401722 certificate of title , suspension, revocation or refusal to renew, to
402-issue probation orders and/or require additional educational ENR. H. B. NO. 1793 Page 10
723+issue probation orders and/or require additional educational
403724 coursework and determine when the objectives have been met for
404725 cause, and reinstate them;
405-
406726 12. 11. Prescribe such penalties, as it may deem proper, to be
407727 assessed against holders of licenses , registrations, or certificates
408728 of authority or certificates of title for the failure to pay the
409729 biennial fee hereinafter provided for;
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411757 13. 12. Levy civil penalties plus the legal costs incurred by
412758 the Board to prosecute the ca se against any person or entity who
413759 shall violate any of the provisions of the State Architectural and
414760 Registered Commercial Licensed Interior Designers Act, or any rule
415761 promulgated pursuant thereto;
416-
417762 14. 13. Obtain an office, secure such facilities, and employ,
418763 direct, discharge and define the duties and set the salaries of such
419764 office personnel and s et the salaries of such unclassified and
420765 exempt office personnel as deemed necessary by the Board;
421-
422766 15. 14. Initiate disciplinary action, prosecute and seek
423767 injunctions against any person or entity who has vi olated any of the
424768 provisions of the State Archit ectural and Registered Commercial
425769 Licensed Interior Designers Act or any rule of the Board promulgated
426770 pursuant to said act and against the owner/developer of the building
427771 type not exempt;
428-
429772 16. 15. Investigate alleged violations of the State
430773 Architectural and Registered Commercial Licensed Interior Designers
431774 Act or of the rules, orders or final decisions of the Board;
432-
433775 17. 16. Promulgate rules of conduct g overning the practice of
434776 licensed architects, landscape architects and registered commercial
435777 licensed interior designers;
436-
437778 18. 17. Keep accurate and complete records of proceedings, and
438779 certify the same as may be appropriate;
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440807 19. 18. Whenever it deems it appropriate, con fer with the
441808 Attorney General or the At torney General's assistants in connection
442809 with all legal matters and questions. The Board may also retain an
443810 attorney who is licensed to practice law in this state . The
444811 attorney shall serve at the pleasure of the Bo ard for such
445812 compensation as may be pro vided by the Board. The attorney shall
446813 advise the Board and perform legal services for the Board with
447-respect to any matters properly befo re the Board. In addition to ENR. H. B. NO. 1793 Page 11
814+respect to any matters properly before the Board . In addition to
448815 the above, the Board may employ hearing examiner s to conduct
449816 administrative hearings un der the provisions of the Administrative
450817 Procedures Act;
451-
452818 20. 19. Prescribe by rules, fees to be charged as required by
453819 this act;
454-
455820 21. 20. Adopt rules providing for a program of continuing
456821 education in order to ensure that al l licensed architects or,
457822 landscape architects, and registered commercial licensed interior
458823 designers remain informed of those technical and professional
459824 subjects that the Board deems appropriate . The Board may by rule
460825 describe the methods by which the requirements of such program may
461826 be satisfied. Failure to meet such requirement s of continuing
462827 education shall result in nonrenewal of the license issued to the
463828 architect or, landscape architect, or nonrenewal of the registration
464829 issued to the registered commercial licensed interior designer;
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466857 22. 21. Adopt rules regarding requirements for intern
467858 development as a prerequisite for licensure or registration;
468-
469859 23. 22. Give scholarships, as determined by the Board, to an
470860 individual or individuals advancing toward obtaining an accredited
471861 National Architectural Accreditation Board, Landscape Architectural
472862 Accreditation Board or Council for Interior Design Accreditation
473863 degree in one of these three professions in an Oklahoma higher
474864 education institution; and
475-
476865 24. 23. Take such other action as may be reasonably necessary
477866 or appropriate to effectuate the State Architectural and Registered
478867 Commercial Licensed Interior Designers Act . The Board may, at its
479868 discretion, contract with other state agencies and nonprofit
480869 corporations for the endowment, man agement, and administration of
481870 scholarships. The requirements of such scholarships shall be
482871 determined by the Board. However, nothing contained herein shall be
483872 construed as requiring the Board to endow or award any scholarship.
484-
485873 SECTION 6. AMENDATORY 59 O.S. 2021, Section 46.9, is
486874 amended to read as follows:
487-
488875 Section 46.9 A. The practice of architecture or, landscape
489876 architecture, or licensed interior design or offering to practice
490877 these professions for others by persons licensed under this act
491878 through a partnership, firm, association, corpora tion, limited
492-liability company or limited liability partnership as directors, ENR. H. B. NO. 1793 Page 12
879+liability company or limited liability partnership as directors,
493880 partners, officers, shareholders, employees, managers, members or
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494908 principals is permitted, subject to t he provisions of the State
495909 Architectural and Registered Commercial Licensed Interior Designers
496910 Act, provided:
497-
498911 1. One or more of the directors, partners, officers,
499912 shareholders, managers, members or principals of said partnership,
500913 firm, association, corporation, l imited liability company or limited
501914 liability partnership is desig nated as being responsible for the
502915 entity's activities and decisions of said partnership, firm,
503916 association, corporation, limited liability company or limit ed
504917 liability partnership;
505-
506918 2. Such director, partner, officer, shareholder, manager,
507919 member or principal is duly licensed under the State Architectural
508920 and Registered Commercial Licensed Interior Designers Act;
509-
510921 3. All personnel of said partnership, firm, association,
511922 corporation, limited l iability company or limited liability
512923 partnership which who act on behalf of the entity for these
513924 professions in the state are licensed under the State Architectural
514925 and Registered Commercial Licensed Interior Designers Act; and
515-
516926 4. Said partnership, firm, association, corporation, limited
517927 liability company or limited l iability partnership has been issued a
518928 certificate of authority by the Board.
519-
520929 B. The Board shall have the power to issue, revoke, deny, or
521930 refuse to renew a ce rtificate of authority for a pa rtnership, firm,
522931 association, corporation, limited liability comp any or limited
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523959 liability partnership as provided for in the State Architectural and
524960 Registered Commercial Licensed Interior Designers Act.
525-
526961 C. A partnership, firm, association, corporation, l imited
527962 liability company or limited liability partnership desirin g to
528963 practice architecture or, landscape architecture, or licensed
529964 interior design shall file with the Board an application for a
530965 certificate of author ity for each office location performing work on
531966 Oklahoma projects on a form approved by the Boa rd which shall
532967 include the names, addresses, state of licensure and license number
533968 of all partners, directors, officers, members, managers or
534969 principals of the partnership, firm, association, corporati on,
535970 limited liability company or limited liability part nership legally
536971 responsible for the entity's practice. The form shall name an
537-individual having the practice of architecture in such person 's ENR. H. B. NO. 1793 Page 13
972+individual having the practice of architecture in such person 's
538973 charge who is a director, partner, officer, member, manage r or
539974 principal. The person shall be duly licensed as a n architect to
540975 practice architecture or licensed as a landscape architect to
541976 practice landscape architecture , or as a licensed interior designer
542977 to practice licensed interior design in this state through said
543978 partnership, firm, association, corporation, limited liab ility
544979 company or limited liability partnership legally responsible for the
545980 entity's practice or services offered and other information required
546981 by the Board. In the event there shall be a ch ange in any of these
547982 persons during the term of the certification , such change shall be
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5481010 filed with the Board within thirty (30) days after the effective
5491011 date of said change. If all of the requirements of this section and
5501012 the Board's current rules have bee n met, the Board shall issue a
5511013 certificate of authority to such p artnership, firm, association,
5521014 corporation, limited liability company or limited liability
5531015 partnership.
554-
5551016 D. Any other person licensed pursuant to the State
5561017 Architectural and Registered Commercial Licensed Interior Designers
5571018 Act, not practicing these profes sions as a partnership, firm,
5581019 association, corporation, limited liabili ty company or limited
5591020 liability partnership, shall practice as an individual.
560-
5611021 E. No such partnership, firm, association , corporation, limited
5621022 liability company or limited liability par tnership shall be relieved
5631023 of responsibility for the conduct or acts o f its agents, employees,
5641024 partners, directors, officers, managers, members or principals by
5651025 reason of its compliance with the provisions of this section, or
5661026 shall any individual practicin g these professions be relieved of
5671027 responsibility for professional ser vices performed as an individual
5681028 by reason of such person 's employment or relationship with s uch
5691029 partnership, firm, assoc iation, corporation, limited liability
5701030 company or limited liabili ty partnership.
571-
5721031 F. The Secretary of State shall not issue a certific ate of
5731032 incorporation or register a foreign corporation or any other entity
5741033 which includes among the objectives for which i t is established any
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5751061 of the words "Architect", "Architectural", "Architecture",
5761062 "Landscape Architect", "Landscape Architecture", "Licensed Interior
5771063 Designer", or "Licensed Interior Design ", or any modification or
5781064 derivation of these words, unless the Board has issued for said
5791065 applicant either a certificate of authority for an entity, or a
5801066 letter indicating eligibility for an exemption pursuant to the State
5811067 Architectural and Registered Commercial Licensed Interior Designers
582-Act. The entity applying shall su pply such certificate or letter ENR. H. B. NO. 1793 Page 14
1068+Act. The entity applying shall su pply such certificate or letter
5831069 from the Board with its applicati on for incorporation or
5841070 registration.
585-
5861071 G. The Secretary of State shall not register any trade name or
5871072 service mark which includes such word s, as set forth in subse ction F
5881073 of this section, or modifications or derivatives thereof in its firm
5891074 name or logotype except those entities or individuals holding
5901075 certificates of authority issued under the provisions of this
5911076 section or letters of eligibili ty issued by the Board.
592-
5931077 H. The use of the title "Registered Commercial Interior
5941078 Designer" by a partnership, firm, as sociation, corporation, limited
5951079 liability company or limited liability partnership is allowed to
5961080 those entities listed, provided:
597-
5981081 1. One or more of the directors, partners, officers,
5991082 shareholders, members, managers or principals is registered with the
6001083 Board as a registered commercial interior designer and is in good
6011084 standing with the Board; and
6021085
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6031112 2. The partnership, firm, association, corp oration, limited
6041113 liability company or limited liability partnership has been issued a
6051114 certificate of title by the Board.
606-
6071115 I. The Board shall have the power to issue, revoke, deny or
6081116 refuse to renew a certificate of title for a partnership, firm,
6091117 association, corporation, limited liability company or limited
6101118 liability partnership as provided for in the State Architectural an d
6111119 Registered Commercial Interior Designers Act.
612-
6131120 J. A partnership, firm, association, corporation, limited
6141121 liability company or limite d liability partnership shall file with
6151122 the Board an application for a certificate of title on a form
6161123 approved by the Boar d which shall include the names, addresses,
6171124 state of registration and registration number of all directors,
6181125 partners, officers, shareh olders, members, managers, or principals
6191126 of the partnership, firm, association, corporation, limited
6201127 liability company or limited liability partnership. In the event
6211128 there shall be a replacement of any of these persons during the term
6221129 of certification, th e change shall be filed with the Board within
6231130 thirty (30) days after the effective date of the change . If all the
6241131 requirements of this section, this act and the current rules of the
6251132 Board have been met, the Board shall issue a certificate of title to
6261133 such partnership, firm, association, corporation, limited lia bility
627-company or limited liability partnership. ENR. H. B. NO. 1793 Page 15
1134+company or limited liability partnership.
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6281161
6291162 K. The Secretary of State shall not issue a certificate of
6301163 incorporation or register a foreign corporation or any other entity
6311164 which includes among the objectives for which it is established any
6321165 of the words "Registered Commercial Interior Designer" or any
6331166 modification or derivation of these words, unless the Board has
6341167 issued for the applicant either a certificate of title for an
6351168 entity, or a letter i ndicating the eligibility for an exemption
6361169 pursuant to the State Architectural and Registered Commercial
6371170 Interior Designers Act. The firm applying shall supply such
6381171 certificate of title or letter from the Board with its application
6391172 for incorporation or registration.
640-
6411173 L. The Secretary of State shall not register any trade name or
6421174 service mark which includes such words as set f orth in subsection K
6431175 of this section, or modification or derivatives thereof in its firm
6441176 name or logotype except those entities or individuals holding
6451177 certificates of title issued un der the provisions of this section or
6461178 letters of eligibility issued by the Board.
647-
6481179 M. Upon application for renewal and upon compliance with the
6491180 provisions of the State Architectural and Registered Commercial
6501181 Interior Designers Act and the rules of the Board, a certificate of
6511182 title shall be renewed as provided in this act.
652-
6531183 N. Upon application for renewal and upon compliance with the
6541184 provisions of the State Architectural and Registered Commercial
1185+
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6551212 Licensed Interior Designers Act and the rules of the Board, a
6561213 certificate of authority shall be renewed as provided in this act.
657-
6581214 SECTION 7. AMENDATORY 59 O.S. 2021, Section 46.10, is
6591215 amended to read as follows:
660-
6611216 Section 46.10 Every licensed archit ect, landscape architect and
6621217 registered commercial licensed interior designer shall pay to the
6631218 Board a fee as prescribe d by the rules of the Board. Upon receipt
6641219 of the fee the Board shall issue a renewal of the license or
6651220 registration, which shall authorize the pe rson to practice
6661221 architecture, landscape architecture or use the title registered
6671222 commercial licensed interior designer design, as the case may be, in
6681223 this state. The license of an architect or, landscape architect, or
6691224 the registration of a registered commercial licensed interior
6701225 designer which has been canceled by the Board for nonpayment of dues
6711226 may be renewed at any time within three (3) years from the date of
672-the cancellation, upon payment to the Board of the fees which had ENR. H. B. NO. 1793 Page 16
1227+the cancellation, upon p ayment to the Board of the fees which had
6731228 accrued at the time of the cancellation and which would have been
6741229 paid at the time of reinstatement had not the license or
6751230 registration been suspended, together with payment of the amount of
6761231 penalties which may hav e been prescribed by the Board . If a license
6771232 or registration remains canceled for a period excee ding three (3)
6781233 consecutive years, it shall not be reinstated unless the licensee or
6791234 registrant has taken or submitted to a test or a quiz or a Board
6801235 review or an examination as the circumstances of the individual case
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6811263 may warrant and as may be prescribed b y the Board in order to
6821264 determine continued competency of the licensee or registrant. A
6831265 partnership, firm, association, corporation, limited liability
6841266 company or limited liability partnership shall pay to the Board the
6851267 fee prescribed and in the manner pro vided by the rules of the Board
6861268 for the renewal of the certificate of authority or certificate of
6871269 title for such partnership, firm, association, corporation, l imited
6881270 liability company or limited liability partnership.
689-
6901271 SECTION 8. AMENDATORY 59 O.S. 2021, Section 46.11, is
6911272 amended to read as follows:
692-
6931273 Section 46.11 No license for architects or landscape architects
6941274 or a certificate of authority for a partnership, firm, association,
6951275 corporation, limited liability company or limited liability
6961276 partnership, shall be issued or renewed for longer t han two (2)
6971277 years. A license or certificate may be renewed upon application,
6981278 compliance with this act or the rules of the Board, and payment of
6991279 fees prior to or on June 30 of alternate years. Every licensed
7001280 architect or, landscape architect, or licensed interior designer
7011281 having a place of business or employment within the state shall
7021282 display such person's license in a conspicuous place in such place
7031283 of business or employment. A new license to replace a lost,
7041284 destroyed or mutilated license shall be issued by the Board upon
7051285 payment of a fee established in accordance with the rules of the
7061286 Board.
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7081314 SECTION 9. AMENDATORY 59 O.S. 2021, Section 46.12, is
7091315 amended to read as fol lows:
710-
7111316 Section 46.12 After the expiration of a period of six (6 )
7121317 months and upon paymen t to the Board of a fee as prescribed by the
7131318 rules of the Board, a person or entity whose license , registration
7141319 or certificate of authority has been suspended or revoked for cause,
7151320 pursuant to the provisions of the State Architectur al and Registered
7161321 Commercial Licensed Interior Designers Act, may file an application
717-with the Board for the reinstatement of said licen se, registration, ENR. H. B. NO. 1793 Page 17
1322+with the Board for the reinstatement of said licen se, registration,
7181323 or certificate of authority or certificate of title . After a
7191324 showing has been made by the applicant t o the Board that the
7201325 interests of the public will not suffer by reason of reinstatement,
7211326 the Board in its discretion may order the reinstat ement of the
7221327 license, registration, or certificate of authority or certificate of
7231328 title upon the payment of a sum equ al to the fees which wou ld have
7241329 accrued had not the license, registration, or certificate of
7251330 authority or certificate of title of the applicant been suspended or
7261331 revoked.
727-
7281332 SECTION 10. AMENDATORY 59 O.S. 2021, Section 46.14, is
7291333 amended to read as follows :
730-
7311334 Section 46.14 A. The Board of Governors of the Licensed
7321335 Architects, Landscape Architects and Registered Commercial Licensed
7331336 Interior Designers of Oklahoma shall have power to suspend, to
7341337 revoke or refuse to renew a license, registration, or certificate of
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7351365 authority or certificate of title issued by it, pursuant to the
7361366 provisions of the State Architectural and Registered Commercial
7371367 Licensed Interior Designers Act, when the holder thereof:
738-
7391368 1. Has been convicted of a felony crime that substantially
7401369 relates to the practice of architecture, landscape architecture or
7411370 licensed interior design and poses a reasonable threat to public
7421371 safety;
743-
7441372 2. Has been guilty of fraud or misrepresentation;
745-
7461373 3. Has been guilty of gross incompetence or reck lessness in the
7471374 practice of architecture relating to the construction of buildings
7481375 or structures, or of dishonest practices;
749-
7501376 4. Has been guilty of gross incompeten ce or recklessness in the
7511377 practice of landscape architecture, or of dishonest practices;
752-
7531378 5. Has been guilty of gross incompetence or recklessness in the
7541379 practice of licensed interior design, or of dishonest practices;
755-
7561380 6. Presents the license , registration or certification of
7571381 another as his or her own;
758-
7591382 6. 7. Gives false or forged evidence to t he Board;
760- ENR. H. B. NO. 1793 Page 18
7611383 7. 8. Conceals information relative to any inquiry,
7621384 investigation or violation of this act or rules promulgated under
7631385 this act; or
764-
7651386 8. 9. Has been found to be guilty of a violation of a provision
7661387 of the State Architectural and Registered Commercial Licensed
7671388 Interior Designers Act, or the rules of the Board; provided, that a
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7681416 person or entity complai ned of shall be afforded the opportunity for
7691417 a formal hearing carried out as described under the current
7701418 Administrative Procedures Act or settled by th e Board with a consent
7711419 order or final order approved by the Board.
772-
7731420 The Board shall keep a record of the e vidence in, and a record
7741421 of each proceeding for the suspe nsion, revocation of or refusal to
7751422 renew a license or certificate of authority and shall make findings
7761423 of fact and render a decision therein. If, after a hearing, the
7771424 charges shall have been found t o have been sustained by the vote of
7781425 a majority of the me mbers of the Board it shall immediately enter
7791426 its order of suspension, revocation, penalties, probation,
7801427 educational coursework and objectives or refusal to renew, as the
7811428 case may be.
782-
7831429 B. As used in this section:
784-
7851430 1. "Substantially relates " means the nature of criminal conduct
7861431 for which the person was convic ted has a direct bearing on the
7871432 fitness or ability to perform one or more of the duties or
7881433 responsibilities necessarily related to the occupation; and
789-
7901434 2. "Poses a reasonable threat " means the nature of criminal
7911435 conduct for which the person was convicted i nvolved an act or threat
7921436 of harm against another and has a bearing on the fitness or ability
7931437 to serve the public or work with others in the occupa tion.
794-
7951438 SECTION 11. AMENDATORY 59 O.S. 2021, Section 46.17, is
7961439 amended to read as follo ws:
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7971466
7981467 Section 46.17 Any person or entity c onvicted of violating any
7991468 provision of the State Architectural and Registered Commercial
8001469 Licensed Interior Designers Act shall be guilty of a misdemeanor .
8011470 The continued violation of any provision of the State Architectural
8021471 and Registered Commercial Licensed Interior Designers Act during
8031472 each day shall be deemed to be a separate offense. Upon conviction
8041473 thereof, the person or entity shall be punished by imprisonment in
805-the county jail not to exceed one (1) year, or b y a fine of not more ENR. H. B. NO. 1793 Page 19
1474+the county jail not to exceed one (1) year, or b y a fine of not more
8061475 than One Thousand Do llars ($1,000.00), or by both such fine and
8071476 imprisonment for each offense. The Board may request the
8081477 appropriate district attorney to prosecute such violation and seek
8091478 an injunction against such practice.
810-
8111479 SECTION 12. AMENDATORY 59 O.S. 2021, Section 46.1 8, is
8121480 amended to read as follows:
813-
8141481 Section 46.18 A. Any person or entity who has been determined
8151482 by the Board to have violated any provision of the State
8161483 Architectural and Registered Commercial Licensed Interior Designers
8171484 Act or any rule or order issued p ursuant to the provisions of the
8181485 State Architectural and Registered Commercial Licensed Interior
8191486 Designers Act may be liable for a civil pe nalty of not more than One
8201487 Hundred Dollars ($100.00) for each day that said violation continu es
8211488 plus the legal costs incurred by the Board to prosecute the case.
8221489 The maximum civil penalty shall not exceed Ten Thousand D ollars
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8231517 ($10,000.00) for any violatio n plus the legal costs incurred by the
8241518 Board to prosecute the case.
825-
8261519 B. The amount of the pen alty shall be assessed b y the Board
8271520 pursuant to the provisions of subsection A of this section, after
8281521 notice and hearing. In determining the amount of the penalt y, the
8291522 Board shall include but not be limited to cons ideration of the
8301523 nature, circumstances, a nd gravity of the violat ion and, with
8311524 respect to the person or entity found to have committed the
8321525 violation, the degree of culp ability, the effect on ability of t he
8331526 person or entity to continue to do business, and a ny show of good
8341527 faith in attempting to ac hieve compliance with th e provisions of the
8351528 State Architectural and Registered Commercial Licensed Interior
8361529 Designers Act. All monies collected from such civil penalties shall
8371530 be deposited with the State Treasurer of Oklahoma and placed in the
8381531 Board of Architects' Fund.
839-
8401532 C. Any license, registration, or certificate of authority or
8411533 certificate of title holder may elect to surrende r the license,
8421534 registration, or certificate of authority or certificate of title in
8431535 lieu of said fine but shall be forever barred from obtaining a
8441536 reissuance of said license, registration, or certificate of
8451537 authority or certificate of title .
846-
8471538 SECTION 13. AMENDATORY 59 O.S. 2021, Section 46.19, is
8481539 amended to read as fol lows:
849- ENR. H. B. NO. 1793 Page 20
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8501567 Section 46.19 All monies which shall be paid to the Board
8511568 pursuant to the provisions of the State Architectural and Registered
8521569 Commercial Licensed Interior Designers Act shall be deposited with
8531570 the State Treasurer of Okl ahoma and placed in a separate and
8541571 distinct fund to be known as the "Board of Architects' Fund". At
8551572 the end of each fiscal year hereafter such unexpended balance
8561573 remaining in the Board of Architects ' Fund shall be carried over and
8571574 continued therein. All sums of money now or hereafter to be or to
8581575 come into the fund are here by appropriated for the purpose of
8591576 effectuating the purposes of the State Architectural and Registered
8601577 Commercial Licensed Interior Designers Act, and to pay all costs and
8611578 expenses heretofore and hereafter incurred in connection therewith.
862-
8631579 SECTION 14. AMENDATORY 59 O.S. 2021, Section 46.20, is
8641580 amended to read as follows:
865-
8661581 Section 46.20 At the close of each fiscal year, the Board shall
8671582 make a full report of its proceedings during the year to t he
8681583 Governor and shall pay into the Genera l Revenue Fund of the st ate
8691584 ten percent (10%) of all license, registration, and certificate of
8701585 authority and certificate of title issuance and renewal fees
8711586 collected and received during the fiscal year.
872-
8731587 SECTION 15. AMENDATORY 59 O. S. 2021, Section 46.21, is
8741588 amended to read as follows:
875-
8761589 Section 46.21 A. The State Architectural and Registered
8771590 Commercial Licensed Interior Designers Act shall not apply to any
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8781618 persons, firms, corporations, li mited liability companies or limited
8791619 liability partnerships that do n ot hold a license, registration or
8801620 certification in any jurisdiction for exempt ed Code Use Groups
8811621 defined by the State Architectural and Registered Commercial
8821622 Licensed Interior Designers Act, providing such persons and/or
8831623 entities shall not represent such person or entity to be an
8841624 architect, licensed interior designer, or other title of profession
8851625 or business using a form of the word words, "Architect" or "Licensed
8861626 Interior Designer". This act shall not prevent such persons and/or
8871627 entities from advertising or selling their services.
888-
8891628 Any architect, landscape architect or registered commercial
8901629 licensed interior designer from any jurisdiction that who contracts,
8911630 provides or holds out to the public that they are he or she is able
8921631 to provide professional services in Oklahoma is required to hold a
8931632 license, registration or certificate of authority or certificate of
894-title as needed from the Board, even on exempt Cod e Use Groups, and ENR. H. B. NO. 1793 Page 21
1633+title as needed from the Board, even on exempt Cod e Use Groups, and
8951634 an architect or, landscape architect, or licensed interior designer
8961635 is required to sign, seal and date all construction documents and
8971636 technical submissions.
898-
8991637 B. Nothing in this act shall be construed to prevent the
9001638 preparation of technical submissions or the administra tion of
9011639 construction contracts by employees of a person or entit y lawfully
9021640 engaged in the practice of architecture when such employees are
9031641 acting under the responsibl e control of a licensed an architect.
9041642
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9051669 C. The following shall govern design competitions in the state:
906-
9071670 1. Nothing in this act shall prohibit a person or firm from
9081671 participating in an architectural design competition involving on ly
9091672 architectural programmin g, planning, schematic design or design
9101673 development information provided to a sponsor; and
911-
9121674 2. The competition winner, prior to seeking the commission for
9131675 architectural services on the proposed project, shall apply for
9141676 licensing in this state within ten (1 0) days of notification of
9151677 winning the competition and complete the process within thirty (30)
9161678 days.
917-
9181679 SECTION 16. AMENDATORY 59 O.S. 2021, Section 46.21b, is
9191680 amended to read as follows:
920-
9211681 Section 46.21b A. An architect shall be req uired to plan,
9221682 design and prepare plans and specifications for the following Code
9231683 Use Groups except where specifically exempt from the provisions of
9241684 the State Architectural and Registered Commercial Licensed Interior
9251685 Designers Act. All Code Use Groups in this sect ion are defined by
9261686 the current International Building Code.
927-
9281687 B. The construction, additio n or alteration of a building of
9291688 any size or occupancy in the following Code Use Groups shall be
9301689 subject to the provisions of the State Architectural and Registered
9311690 Commercial Licensed Interior Designers Act:
932-
9331691 1. Code Use Group I - Institutional;
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9341718
9351719 2. Code Use Group R-2 - Residential, limited to dormitories ,
9361720 fraternities and sororities, and monasteries and convents;
937-
9381721 3. Code Use Group A-1 - Assembly and theaters;
939- ENR. H. B. NO. 1793 Page 22
9401722 4. Code Use Group A-4 - Assembly, arenas and courts;
941-
9421723 5. Code Use Group A-5 - Assembly, bleachers and grandstands;
9431724 and
944-
9451725 6. Code Use Group H – High hazard; and
946-
9471726 7. Buildings for which the designated Code Use Group changes
9481727 are not exempt from the State Architectural and Registered
9491728 Commercial Licensed Interior Designers Act.
950-
9511729 C. The following shall be exempt from the provisions of the
9521730 State Architectural and Registered Commercial Licensed Interior
9531731 Designers Act; provided that, for the p urposes of this subsection, a
9541732 basement is not to be counted as a story for the purpose of counting
9551733 stories of a buildin g for height regulations:
956-
9571734 1. The construction, addition or alte ration of a building no
9581735 more than two stories in height and with a code -defined occupancy of
9591736 no more than fifty (50) persons for the Code Use Groups A -2 and A-3
9601737 - Assembly and Code Use Group E - Education;
961-
9621738 2. The construction, addition or alteration of a building no
9631739 more than two stories in height and no more than sixty-four
9641740 transient lodging units per building for the Code Use Group R1 -
9651741 Residential, including, but not limited to, hotels and motels;
9661742
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9671769 3. The construction, addition or alteration of a buildi ng no
9681770 more than two stories in height and with a gross square footage not
9691771 exceeding one hundred thousand (100,000) in the Code Use Group B -
9701772 Business;
971-
9721773 4. The construction, addition or alterat ion of a building no
9731774 more than two stories in height and with a gross square footage not
9741775 exceeding two hundred thousand (200,000) in the Code Use Group M -
9751776 Mercantile; and
976-
9771777 5. The construction, addition or alteration of a building no
9781778 more than two stories in height in the following Code Use Groups or
9791779 buildings:
980-
9811780 a. Code Use Group U - Utility,
982-
9831781 b. Code Use Group F - Factory and Industrial,
984- ENR. H. B. NO. 1793 Page 23
9851782 c. Code Use Group H - High hazard,
986-
9871783 d. Code Use Group S - Storage,
988-
989-e.
990-
991-d. Code Use Group R2 - Residential, including apartme nts
1784+e. d. Code Use Group R2 - Residential, including apartme nts
9921785 containing no more than thirty-two dwelling units or
9931786 thirty-two guest units per building,
994-
995-f.
996-
997-e. Code Use Groups R3 and R4 - Residential,
998-
999-g.
1000-
1001-f. all buildings used by a municipality, county, state,
1787+f. e. Code Use Groups R3 and R4 - Residential,
1788+g. f. all buildings used by a municipality, county, state,
10021789 public trust, public ag ency or the federal government
10031790 with a construction value under One Hundred Fifty -
10041791 eight Thousand Dollars ($158,000.00),
10051792
1006-h.
1007-
1008-g. incidental buildings or appurtenances associated with
1793+SENATE FLOOR VERSION - HB1793 SFLR Page 36
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1819+h. g. incidental buildings or appurtenances associated with
10091820 paragraphs 1 through 5 of this subsection, and
1010-
1011-i.
1012-
1013-h. all uninhabitable, privately owned agricultural
1821+i. h. all uninhabitable, privately owned agricultural
10141822 buildings.
1015-
10161823 D. The addition, renovation or alteration of buildings where
10171824 the use was exempt as new construction shall remain exempt if the
10181825 Code Use Group does not change.
1019-
10201826 E. Upgrades, repairs, replacements and changes made on project s
10211827 in Code Use Groups found in t his title requiring an architect are
10221828 exempt from hiring an archi tect if the upgrades, repairs,
10231829 replacements or changes do not affect the existing primary
10241830 structural, mechanical, or electrical systems, life-safety life
10251831 safety systems, fire codes or exit passageways and/or egress as
10261832 determined by the applicable building official having jurisdiction.
1027- ENR. H. B. NO. 1793 Page 24
10281833 F. Nonstructural interior construction projects in Cod e Use
10291834 Groups requiring an architect are exempt from hiring an architect if
10301835 the services are performed by a licensed interior designer.
1031-
10321836 SECTION 17. AMENDATORY 59 O.S. 2021, Section 46.24, is
10331837 amended to read as follows:
1034-
10351838 Section 46.24 A. Except as otherwise provided in the State
10361839 Architectural and Registered Commercial Licensed Interior Designers
10371840 Act, no license shall be issued to any person to practi ce
10381841 architecture in this state unless the person:
1039-
10401842 1. Is twenty-one (21) years of age or over;
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10411869
10421870 2. Is the holder of an accredited professional degree in
10431871 architecture and shall hav e had such practical training as this act
10441872 and the Board, by rule, shall deem a ppropriate. In lieu of the
10451873 requirement of an accredited professional degree, the Board may
10461874 license an applicant who demonstrates in accordance with such
10471875 standards and requiremen ts as determined by this act and/or the
10481876 Board's rules that the person has such other educational experience
10491877 as the Board deems equivalent to an accredited professional degree
10501878 in architecture or in any case the Board decides the interest of the
10511879 public will be served and the person is determined to be qualified
10521880 and competent by equiva lent standards for architects and in
10531881 compliance with this act and rules or in compliance with the
10541882 Military Service Occupation, Education and Credentialing Act ;
1055-
10561883 3. Has paid to the Board a fee as prescribed by the rules of
10571884 the Board plus the actual cost of the examination given by the
10581885 Board; and
1059-
10601886 4. Has passed the examinations prescribed by the Board for the
10611887 issuance of a license.
1062-
10631888 B. Upon meeting the requirements of subsection A o f this
10641889 section and payment of an initial fee as may be prescribed by the
10651890 rules of the Board, the Board shall issue to the applicant a license
10661891 which shall authorize the applicant to engage in the practice of
10671892 architecture in this state . The Board has the au thority to issue
10681893 temporary licenses while qualifying the applicant in complian ce with
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10691921 the Military Service Occupation, Education and Credentialing Act or
10701922 with any declared state of emergency.
1071- ENR. H. B. NO. 1793 Page 25
10721923 C. The examination for a license to practice architecture in
10731924 this state shall be held not less than once each year, shall cover
10741925 such subjects as may be prescribed by the Board and shall be graded
10751926 on such basis as the Board shall prescribe by rule . The Board may
10761927 adopt the examinations, requirements for admission to th e
10771928 examinations and the grading procedures of the National Council of
10781929 Architectural Registration Boards or its successor. Notice of the
10791930 time and place for the holding of examinations shall be given in the
10801931 manner and form prescribed by the Board and may be administered
10811932 electronically.
1082-
10831933 D. The license certificate shall be in a form pr escribed by the
10841934 Board. The certificate shall be signed by the chair and by the
10851935 secretary-treasurer of the Board and shall bear the impress of the
10861936 seal of the Board. All papers received by the Board relating to an
10871937 application for a license, to an examinat ion and to the issuance of
10881938 a license shall be electronically retained by the Board and
10891939 originals destroyed. If it was incomplete, it shall only be
10901940 retained for one (1) year from the date of submission and then
10911941 destroyed.
1092-
10931942 E. The following Board records an d papers are of a confidential
10941943 nature and are not public records: Examination material for
10951944 examinations before and after they are given, file records of
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10961972 examination problem solut ions, letters of inquiry and reference
10971973 concerning applicants, Board inquiry fo rms concerning applicants,
10981974 and investigation files.
1099-
11001975 SECTION 18. AMENDATORY 59 O.S. 2021, Section 46.25, is
11011976 amended to read as follows:
1102-
11031977 Section 46.25 Each licensed architect shall have a seal, the
11041978 image of which must contain the na me of the architect, the person's
11051979 license number and the words "Licensed Architect, State of
11061980 Oklahoma".
1107-
11081981 All technical submissions prepared by s uch architect, or under
11091982 the responsible control o f the architect, shall be sealed, signed
11101983 and dated, which shall mean that the architect was in responsible
11111984 control over the content of such technical submissions during their
11121985 preparation and has applied the required professional standard of
11131986 care. No licensed architect may sign or seal technical submissions
11141987 unless they were prepared by or under the responsible control of the
11151988 architect, except that:
1116- ENR. H. B. NO. 1793 Page 26
11171989 1. The person may sign or seal those portions of the technic al
11181990 submissions that were prepared by or under the responsible control
11191991 of persons who are licensed under the State Architectural and
11201992 Registered Commercial Licensed Interior Designers Act if the
11211993 architect has reviewed and adapted in whole or in part such portions
11221994 and has either coordinated their preparatio n or integrated them into
11231995 the work; and
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11252023 2. The person may sign or seal those portions of the technical
11262024 submissions that are not required to be prepared by or under the
11272025 responsible control of an architect if the arch itect has reviewed
11282026 and adapted in whole or in part such submissions and integrated them
11292027 into the work. The seal may be a rubber stamp or may be generated
11302028 electronically, pursuant to rules adopted by the Board.
1131-
11322029 SECTION 19. AMENDATORY 59 O.S. 2021, Section 46.28, is
11332030 amended to read as follows:
1134-
11352031 Section 46.28 The State Architectural an d Registered Commercial
11362032 Licensed Interior Designers Act shall not require the licensing or
11372033 registration of practitioners of the following professions and
11382034 occupations to practice landscape arch itecture:
1139-
11402035 1. A professional civil engineer, as defined in Secti on 475.2
11412036 of this title, certified to practice the profession in this state
11422037 under any act to regulate the practice of that profession . Nothing
11432038 contained in the State Architectural and Registered Commercial
11442039 Licensed Interior Designers Act shall be construed as precluding an
11452040 architect or engineer from performing services included within the
11462041 definition of "landscape architecture " when incidental, meaning less
11472042 than ten percent (10%) of the total pr oject cost, to the performance
11482043 of his or her normal practice as an architect or engineer;
1149-
11502044 2. A landscape contractor building or installing what was
11512045 designed by a landscape architect;
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11532073 3. An agriculturist, horticulturist, forester as defined in
11542074 Section 1202 of this title, nursery operator, gardener, landscape
11552075 gardener, garden or lawn caretaker and grader or cultivator of land
11562076 involved in the selection, placement, planting and maintenance of
11572077 plant material;
1158-
11592078 4. Persons who act under the supervision of a lice nsed
1160-landscape architect or an employee of a person lawfully engaged in ENR. H. B. NO. 1793 Page 27
2079+landscape architect or an employee of a person lawfully eng aged in
11612080 the practice of landscape architecture and who, in either event,
11622081 does not assume responsible charge of design or supervision;
1163-
11642082 5. Regional planners or urban planners, who evaluate and
11652083 develop land-use plans to provide for community and municipal
11662084 projections of growth patterns based on demographic needs;
1167-
11682085 6. A landscape designer or contractor whose business is
11692086 choosing types of plants, planning their location and the design of
11702087 landscapes for those projects or whose work is limited to projects
11712088 for a single-family residential home. Landscape design or
11722089 installation work may also be performed by an owner or occupant on
11732090 the single-family residence of the owner or occupant;
1174-
11752091 7. Persons other than landscape architects who prepare details
11762092 and shop drawings for use in connection with the execution of their
11772093 work; and
1178-
11792094 8. Builders or their superintendents in the supervision of
11802095 landscape architectural projects.
11812096
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11822123 SECTION 20. AMENDATORY 59 O.S. 2021, Section 46.31, is
11832124 amended to read as foll ows:
1184-
11852125 Section 46.31 A. Except as otherwise provided in the State
11862126 Architectural and Registered Commercial Licensed Interior Designers
11872127 Act, no license shall be issued to an y person to practice landscape
11882128 architecture in this state unless the person:
1189-
11902129 1. Is twenty-one (21) years of age or older;
1191-
11922130 2. Holds a degree from an accredited landscape architecture
11932131 program and has such practical training as this act and the Board 's
11942132 rules deem appropriate;
1195-
11962133 3. Has passed the examinations prescribed by the Board
11972134 including the Oklahoma Plant Materials Exam; and
1198-
11992135 4. Has paid all applicable fees.
1200-
12012136 B. If the Board determines th e interest of the public will be
12022137 served and the person is deemed by the Board to be qual ified and
12032138 competent by equivalent standards as the Board sets by rule or in
12042139 compliance with the Military Service Occupation, Education and
1205-Credentialing Act, the applic ation shall be approved by the Board ENR. H. B. NO. 1793 Page 28
2140+Credentialing Act, the applic ation shall be approved by the Board
12062141 after the person has fulfilled all requirements of this act and
12072142 rules of the Board.
1208-
12092143 C. Examinations may be adminis tered by an electronic method and
12102144 shall be held not less than once each year . Notices of the time and
12112145 place for the holding of examinations shall be given in the manner
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12122173 and form as prescribed by the Board. All landscape architects are
12132174 required to take and pass the Oklahoma Plant Materials Exam.
1214-
12152175 D. The Board shall establish rules for examination of lands cape
12162176 architects and may elect to follow the recommendations of the
12172177 Council of Landscape Architectural Registration Boards (CLARB) or
12182178 its successor. The examinations examination shall be designed to
12192179 determine the qualifications of the applicant to practice landscape
12202180 architecture. The examination shall cover such technical,
12212181 professional and practical subjects as relate to the practice of the
12222182 profession of landscape architecture. The examination shall also
12232183 cover the basic arts and sciences and knowledge of material whi ch is
12242184 necessary to the proper understanding, application and qualific ation
12252185 for practice of the profession of landscape architecture. The
12262186 minimum passing grade in all subjects of the examination shall be as
12272187 established by the Board . An applicant receiving a passing grade on
12282188 a subject included in the examination will be giv en credit, subject
12292189 to CLARB's provisions and subject to the rules of the Board.
12302190 Applicants for readmittance to the examination shall pay the
12312191 application fee.
1232-
12332192 Upon passage of the examina tion, completion of the Board 's
12342193 requirements as prescribed by this act and rules, and the payment of
12352194 all applicable fees prescribed by the rules of the Board, the Board
12362195 shall issue to the applicant a license which shall authorize the
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12372223 person to engage in th e practice of landscape architecture in this
12382224 state.
1239-
12402225 E. Pursuant to such rules as it may have adopted, the Board
12412226 shall have the power to issue licenses without requiring an
12422227 examination to persons who have been licensed to practice landscape
12432228 architecture in states other than the State of Oklahoma, in a
12442229 territory of the United States, in the District of Columbia, or in a
12452230 country other than the United States provided that the state,
12462231 territory, district or country has a similar reciprocal provision to
12472232 authorize the issuance of licenses to persons who have been licensed
12482233 in this state. If a person who has been licensed in a state other
12492234 than the State of Oklahoma, in a territory of the United States, in
1250-the District of Columbia, or in a country other than the Uni ted ENR. H. B. NO. 1793 Page 29
2235+the District of Columbia, or in a country other than the Uni ted
12512236 States complies with this act and rules of the Board, the secretary -
12522237 treasurer, in the exercise of his or her discretion, or upon the
12532238 order of the Board and upon the receipt of all applicable fees
12542239 prescribed by the Board, shall issue to the person a lic ense to
12552240 practice landscape architecture in this state.
1256-
12572241 F. The Board has the authority to issue temporary licenses
12582242 while qualifying the applicant in compliance with Section 4100 et
12592243 seq. of this title or with any declared state of emergency.
1260-
12612244 G. The following shall govern design competitions in the state:
1262-
12632245 1. Nothing in this act shall prohibit a person or firm from
12642246 participating in a landscape architectural design competition
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12652274 involving only programming, planning, schematic design or design
12662275 development information provided to a sponsor; and
1267-
12682276 2. The competition winner, prior to s eeking the commission for
12692277 services on the proposed project, shall apply for licensing in this
12702278 state within ten (10) days of notification of winning the
12712279 competition and complete the process within thirty (30) days.
1272-
12732280 SECTION 21. AMENDATORY 59 O.S. 2021, Section 46.34, is
12742281 amended to read as follows:
1275-
12762282 Section 46.34 A. Each licensed landscape architect shall have
12772283 a seal, the image of which shall contain the name of the landscape
12782284 architect, the person 's license number and the words "Licensed
12792285 Landscape Architect, State of Oklahoma". All technical submissions
12802286 prepared by such landscape architect, or under the responsible
12812287 control of the landscape architect, shall be sealed, signed and
12822288 dated, which shall mean that the landscap e architect was in
12832289 responsible control over the content of such technical submissions
12842290 during their preparation and has applied the required professional
12852291 standard of care. No licensed landscape architect may sign or seal
12862292 technical submissions unless they w ere prepared by or under the
12872293 responsible control of the landscape architect, except that:
1288-
12892294 1. The person may sign or seal those portions of the technical
12902295 submissions under the responsible control of persons who are
12912296 licensed under the State Architectural an d Registered Commercial
12922297 Licensed Interior Designers Act if the landscape architect has
2298+
2299+SENATE FLOOR VERSION - HB1793 SFLR Page 46
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12932325 reviewed and adapted in whole or in part such portions and has
12942326 either coordinated their preparation or integrated them into the
1295-work; and ENR. H. B. NO. 1793 Page 30
1296-
2327+work; and
12972328 2. The person may sign or seal those portions of the te chnical
12982329 submissions that are not required to be prepared by or under the
12992330 responsible control of a landscape architect if the landscape
13002331 architect has reviewed and adapted in whole or in part such
13012332 submissions and integrated them into the work. The seal may be a
13022333 rubber stamp or may be generated electronically pursuant to rules
13032334 adopted by the Board.
1304-
13052335 B. All drawings, specifications, plans, reports or other papers
13062336 or documents involving the practice of landscape architecture, shall
13072337 be dated and bear the signatu re and seal of the landscape architect
13082338 or landscape architects who prepared or approved them. It is
13092339 permissible to only sign, seal and date documents on the first sheet
13102340 of bound sets of drawings, with index of drawings included, t itle
13112341 page of specificatio ns, and other drawings and contract documents in
13122342 a manner consistent with this act and rules of the Board.
1313-
13142343 C. The seal, signature and date of the landscape architect may
13152344 be applied to tracings to produce legible reproduction of th e
13162345 drawings or to reprints made from the tracings. This provision,
13172346 however, does not in any manner modify the requirements of the other
13182347 subsections of this section.
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13192374
13202375 D. The license of a landscape architect shall not permit the
13212376 practice of architecture, eng ineering or land surveyin g, except that
13222377 which is incidental, meaning less than ten percent (10%) of the
13232378 total cost of the total project, to the practice of landscape
13242379 architecture. No landscape architect shall permit his or her seal
13252380 to be affixed to any pl ans, specifications or dr awings if such
13262381 portions thereof as are involved in the practice of his or her
13272382 particular profession were not prepared by or under the landscape
13282383 architect's responsible control.
1329-
13302384 SECTION 22. AMENDATORY 59 O.S. 2021, Section 46.38, is
13312385 amended to read as follows:
1332-
13332386 Section 46.38 A. Except as otherwise provided in the State
13342387 Architectural and Registered Commercial Licensed Interior Designers
13352388 Act, no registration license shall be issued to any person to
13362389 represent that the person is a "registered commercial licensed
13372390 interior designer" nor shall any person be allowed to use the term
13382391 or practice licensed interior design unless the person pays to the
13392392 Board the required fees and/or penalties if applicable as
1340-established by the rules of the Board and: ENR. H. B. NO. 1793 Page 31
1341-
2393+established by the rules of the Board and:
13422394 1. Holds an accredited professional degree in interior design
13432395 from an interior design program accredited by the Council for
13442396 Interior Design Accreditation or its successo r, or from an interior
13452397 design program determined by the Board to be substantiall y
13462398 equivalent to an accredited program;
13472399
2400+SENATE FLOOR VERSION - HB1793 SFLR Page 48
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13482426 2. Provides proof of a minimum of two (2) years of full-time
13492427 diversified and appropriate experience within established standards
13502428 as the Board shall prescribe; and
1351-
13522429 3. Provides to the Board proof of passage of the exa mination
13532430 administered by the Council for Interior Design Qualification or its
13542431 successor or an equivalent examination as determined by the Board.
1355-
13562432 B. The Board may waive the req uirements of the State
13572433 Architectural and Registered Commercial Licensed Interior Designers
13582434 Act for an individual who holds a current valid registration or
13592435 license from another state, jurisdiction or foreign country where
13602436 the requirements for registration or licensure are substantially
13612437 equivalent to those required for registration licensure in this
13622438 state and pays the required fees and/or penalties, if applicable, to
13632439 the Board.
1364-
13652440 C. This section does not apply to a person licensed to practice
13662441 architecture pursuant to the laws of this state.
1367-
13682442 D. Nothing in this act shall be constru ed to authorize the
13692443 Board to regulate or prohibit persons who are rendering interior
13702444 design services and are not registered commercial licensed interior
13712445 designers under the provisions of this act or to adopt regulations
13722446 that would exceed the powers and responsibil ities expressly
13732447 authorized under this act.
1374-
13752448 E. Certificate of title authority shall be subject to the
13762449 following:
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13772476
13782477 1. The use of the title "Registered Commercial Licensed
13792478 Interior Designer" by a partnership, firm, association, corporation,
13802479 limited liability company or limited liability partnership is
13812480 allowed to those entities listed, provided:
1382-
13832481 a. one or more of the directors, partners, officers,
1384-shareholders, members, managers, o r principals is a ENR. H. B. NO. 1793 Page 32
2482+shareholders, members, managers, o r principals is a
13852483 registered commercial licensed interior designer and
13862484 is in good standing with the Board, and
1387-
13882485 b. the partnership, firm, association, corporation,
13892486 limited liability company or limited liability
13902487 partnership has been issued a certificate of title
13912488 authority by the Board;
1392-
13932489 2. The Board shall have the power to issue, revoke , deny or
13942490 refuse to renew a certificate of title authority for a partnership,
13952491 firm, association, corporation, limited liability company or limited
13962492 liability partnership as provided for i n this act;
1397-
13982493 3. A partnership, firm, association, corporation, limited
13992494 liability company or limited liability partnership shall file with
14002495 the Board an application for a certificate of title authority on a
14012496 form approved by the B oard which shall include the names, addresses,
14022497 state of registration or licensure and registration or license
14032498 number of all directors, partners, officers, s hareholders, members,
14042499 managers or principals of the partnership, firm, association,
14052500 corporation, limited liability company o r limited liability
2501+
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14062528 partnership. In the event there shall be a change in any of these
14072529 persons during the term of certification, the change shall be filed
14082530 with the Board within thirty (30) days after the effective date of
14092531 the change. If all the requiremen ts of this section and the Board 's
14102532 current rules have been met, the Board shall issue a certificate of
14112533 title authority to the partnership, firm, association, corporation,
14122534 limited liability company or limited liability partnership;
1413-
14142535 4. The Secretary of State shall not issue a certificate of
14152536 incorporation or register a foreign cor poration or any other entity
14162537 which includes among the obje ctives for which it is established the
14172538 words "Registered Commercial Licensed Interior Designer" or any
14182539 modification or derivation of these words, unless the Board has
14192540 issued for the applicant either a certificate of title for an
14202541 entity, or a letter indicat ing the eligibility for an exemption
14212542 pursuant to the requirements of this act . The firm applying shall
14222543 supply the certificate of title authority or letter from the Board
14232544 with its application for in corporation or registration;
1424-
14252545 5. The Secretary of State sh all not register any trade name or
14262546 service mark which includes such the words as set forth in paragraph
14272547 4 of this subsection , or modification or derivative s thereof in its
1428-firm name or logotype except those entities or individuals holding ENR. H. B. NO. 1793 Page 33
2548+firm name or logotype exce pt those entities or individuals holding
14292549 certificates of title authority issued under the provisions of this
14302550 section or letters of eligibility issued by the Board; and
2551+
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14312577
14322578 6. Upon application for renewal and upon compliance w ith the
14332579 provisions of this act and the rules of the Board, a certificate of
14342580 title authority shall be renewed as provided by this act.
1435-
14362581 F. No registration license for registered commercial licensed
14372582 interior designers or a certificate of title authority for a
14382583 partnership, firm, association, corporation, limited liability
14392584 company or limited liabilit y partnership, shall be issued or renewed
14402585 for longer than two (2) years. A registration license or
14412586 certificate of title authority may be renewed upon application,
14422587 compliance with the rules of the B oard and payment of fees prior to
14432588 or on June 30 of alternate year s. The registration for registered
14442589 commercial interior designers shall begin July 1, 2007, and shall
14452590 end June 30, 2009, unless renewed ev ery two (2) years thereafter . A
14462591 new registration license to replace a lost, destroyed or mutilated
14472592 registration license shall be issued by the Board upon payment of a
14482593 fee established in accordance with the rules of the Board.
1449-
14502594 SECTION 23. AMENDATORY 59 O.S. 2021, Section 46.39, is
14512595 amended to read as follows:
1452-
14532596 Section 46.39 Any person who applies t o become a registered
14542597 commercial licensed interior designer and remits the application and
14552598 initial fees after July 1, 2007, shall be registered licensed by the
14562599 Board of Governors of the Licensed Architects, Landscape Architects
14572600 and Registered Commercial Licensed Interior Designers of Oklahoma if
14582601 an applicant demonstrates, in accordance with this act, or in
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14592629 compliance with the Military Service Occupation, Education and
14602630 Credentialing Act and requirements as the Board adopts by rule, that
14612631 the applicant has the interior design education and training that
14622632 the Board deems equivalent to an accredited professional degree in
14632633 interior design and the applicant has passed the examination of the
14642634 Council for Interior Design Qualification or its successor, or an
14652635 equivalent examination as determined by the Board.
1466-
14672636 In lieu of the requirement of any professional degree, an
14682637 applicant may provide documented proof of diversified and
14692638 appropriate experience in the practice of interior design for a
14702639 period of six (6) years and the app licant has passed the examination
14712640 of the Council for Interior Design Qualification or its successor,
14722641 or an equivalent examination as determined by the Board.
1473- ENR. H. B. NO. 1793 Page 34
14742642 The Board has the authority to issue temporary registrations
14752643 licenses while qualifying the applica nt in compliance with the
14762644 Military Service Occupation, Education and Credentialing Act.
1477-
14782645 SECTION 24. AMENDATORY 59 O.S. 2021, Section 46.40, is
14792646 amended to read as foll ows:
1480-
14812647 Section 46.40 A. The Board of Governors of the Licensed
14822648 Architects, Landscape Architects and Registered Commercial Licensed
14832649 Interior Designers of Oklahoma may waive th e educational and
14842650 examination requirements of the State Architectural and Registered
14852651 Commercial Licensed Interior Designers Act for persons with
14862652 diversified and appropriate experience in the practice of interior
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14872680 design for a period of fifteen (15) years prior to Ju ly 1, 2007, if
14882681 the person is not registered licensed under the State Arch itectural
14892682 and Registered Commercial Licensed Interior Designers Act and not
14902683 exempt from the requirement for registration licensure in order to
14912684 use the title "Registered Commercial Licensed Interior Designer".
1492-
14932685 B. The State Architectural and Registered Commercial Licensed
14942686 Interior Designers Act shall not be construed to prohibit or
14952687 interfere with the ability of a licensed an architect to perform
14962688 those activities that are associated with hi s or her practice as
14972689 provided under the provis ions of the State Architectural and
14982690 Registered Commercial Licensed Interior Designers Act.
1499-
15002691 SECTION 25. AMENDATORY 59 O.S. 2021, Section 46.41, is
15012692 amended to read as follows:
1502-
15032693 Section 46.41 A. It shall be unlawful for any person o r entity
15042694 to use the title "Registered Commercial Licensed Interior Designer"
15052695 or any other derivation of these words to indicate that the person
15062696 or entity is registered licensed under the provisions of the State
15072697 Architectural and Registered Commercial Licensed Interior Designers
15082698 Act or engages in the practice of licensed inter ior design, if the
15092699 person is not registered licensed under this act.
1510-
15112700 B. Any person who holds himself or herself out as a registered
15122701 commercial licensed interior designer, adverti ses, puts out any
15132702 sign, card or drawings in this state designating himself or herself
15142703 as a "Registered Commercial Licensed Interior Designer" or uses some
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15152731 form of the term in the title of a profession or business or engages
15162732 in the practice of licensed interior design without first having
1517-complied with the provisions of the State Architectural and ENR. H. B. NO. 1793 Page 35
2733+complied with the provisions of the State Architectural and
15182734 Registered Commercial Licensed Interior Designers Act shall be
15192735 deemed guilty of a mis demeanor.
1520-
15212736 SECTION 26. AMENDATORY 59 O.S. 2021, Section 46.42, is
15222737 amended to read as follows:
1523-
15242738 Section 46.42 Each registered commercial licensed interior
15252739 designer shall have a seal, the image of which must contain the name
15262740 of the registered commercial licensed interior designer, the
15272741 person's registration license number and the words, "Registered
15282742 Commercial Licensed Interior Designer, State of Oklahoma". All
15292743 technical submissions prepared by such registered commercial
15302744 licensed interior designer, or under the responsible control of the
15312745 registered commercial licensed interior designer, shall be sealed,
15322746 signed and dated, which shall mean that the registered commercial
15332747 licensed interior designer was in responsible control over the
15342748 content of such technical submissions during their preparation and
15352749 has applied the required professional standard of care, unless
15362750 prepared under the responsible control of an architect licensed in
15372751 this state and signed and sealed by that licensed architect. No
15382752 registered commercial licensed interior designer may sign or seal
15392753 interior technical submissions unless they w ere prepared by or under
2754+
2755+SENATE FLOOR VERSION - HB1793 SFLR Page 55
2756+(Bold face denotes Committee Amendments) 1
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15402781 the responsible control of the registered commercial licensed
15412782 interior designer, except that:
1542-
15432783 1. The person may sign or seal those portions of the technical
15442784 submissions that were prepared by or under the responsible control
15452785 of persons who are registered licensed under the State Archi tectural
15462786 and Registered Commercial Licensed Interior Designers Act if the
15472787 licensed interior designer has reviewed an d adapted in whole or in
15482788 part such portions and has either coordinated their preparati on or
15492789 integrated them into the work . The seal may be a rubber stamp or
15502790 may be generated electronically, pursuant to rules adopted by the
15512791 Board; and
1552-
15532792 2. Registered commercial Licensed interior designers may submit
15542793 technical submissions, excluding fire and life safety systems, for
15552794 nonstructural interior construction fo r the Code Use Groups as
15562795 defined and listed in Section 46.21b of Title 59 of the Oklahoma
15572796 Statutes this title.
1558-
15592797 SECTION 27. AMENDATORY 59 O.S. 2021, Section 46.45, is
15602798 amended to read as follows:
1561- ENR. H. B. NO. 1793 Page 36
15622799 Section 46.45 The privilege of engagi ng in practice as a
15632800 registered commercial licensed interior designer is persona l based
15642801 upon the qualifications o f the individual and evidenced by the
15652802 individual's registration license. The registration license is not
15662803 transferable.
15672804
2805+SENATE FLOOR VERSION - HB1793 SFLR Page 56
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15682831 SECTION 28. AMENDATORY 59 O.S. 2021, Section 46.46, is
15692832 amended to read as foll ows:
1570-
15712833 Section 46.46 The Board of Governors of the Licensed
15722834 Architects, Landscape Architects and Registered Commercial Licensed
15732835 Interior Designers of Oklahoma may restore a registration license to
15742836 any person whose registration license has lapsed or has been revoked
15752837 or suspended. Application for the reissuance of a registration
15762838 license shall be made in the manner as t he Board may direct. The
15772839 fees prescribed by the rules shall acc ompany the application for
15782840 reissuance.
1579-
15802841 SECTION 29. AMENDATORY 59 O.S. 2021, Section 46. 47, is
15812842 amended to read as follows:
1582-
15832843 Section 46.47 Registration Licensure under the State
15842844 Architectural and Registered Commercial Licensed Interior Designers
15852845 Act shall not authorize a registered commercial licensed interior
15862846 designer to engage in the practice of architecture or landsca pe
15872847 architecture as described herein.
1588- ENR. H. B. NO. 1793 Page 37
1589-Passed the House of Rep resentatives the 6th day of March, 2023.
1590-
1591-
1592-
1593-
1594- Presiding Officer of the House
1595- of Representatives
1596-
1597-
1598-Passed the Senate the 22nd day of April, 2024.
1599-
1600-
1601-
1602-
1603- Presiding Officer of the Senate
1604-
1605-
1606-OFFICE OF THE GOVERNOR
1607-Received by the Office of the Governor this ____________________
1608-day of ___________________, 20_______, at _______ o'clock _______ M.
1609-By: _________________________________
1610-Approved by the Governor of the State of Oklahoma this _____ ____
1611-day of ___________________, 20_______, at _______ o'clock _______ M.
1612-
1613-
1614- _________________________________
1615- Governor of the State of Oklahoma
1616-
1617-OFFICE OF THE SECRETARY OF STATE
1618-Received by the Office of the Secretary of State this __________
1619-day of ___________________, 20_______, at _______ o'clock _______ M.
1620-By: _________________________________
1621-
2848+SECTION 30. This act shall become effective July 1, 2023.
2849+SECTION 31. It being immediately necessary for the preservation
2850+of the public peace, health or safety, an emergency is hereby
2851+declared to exist, by reason whereof thi s act shall take effect and
2852+be in full force from and after its passage and ap proval.
2853+COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
2854+April 10, 2023 - DO PASS