AB 2772: Interior designers.

(1) Existing law, until January 1, 2027, provides a comprehensive scheme for the certification and regulation of interior designers. Existing law establishes the California Council for Interior Design Certification (council), which is a nonprofit organization consisting of certified interior designers, as defined. Under existing law, the council carries out the responsibilities and duties set forth in the aforementioned scheme, including by issuing certifications and stamps certifying specified interior designer standards to qualified individuals. Under existing law, the procedure for stamp issuance is subject to occupational analyses and examination validation every 5 to 7 years. Under existing law, the policy for the validation is developed by the Department of Consumer Affairs.

This bill would extend the operation of these provisions until January 1, 2031. The bill would provide that protection of the public shall be the highest priority for the council in exercising its certification and disciplinary authority, and any other functions. The bill would also provide that when the protection of the public is inconsistent with other interests, the protection of the public is paramount. The bill would state that it is the intent of the Legislature in extending the council’s powers and duties through the sunset review process that the council continue to serve as an entity entrusted with administering a state function in its certification of interior design professionals.

Existing law authorizes the council to issue an interior design certification to any applicant who provides satisfactory evidence that they meet all of specified requirements and who complies with the bylaws, rules, and procedures established by the council, as provided.

This bill would require a certified interior designer to report to the council within 30 days of the date the certified interior designer has knowledge of a certain judgment, settlement, or arbitration award of $5,000 or greater against the certified interior designer in an action alleging fraud, deceit, negligence, incompetence, or recklessness by the certified interior designer in the practice of interior design, as specified. The bill would require the certified interior designer to promptly respond to oral or written inquiries from the council concerning the reportable event, as specified, and would make failure of a certified interior designer to comply with these requirements, among other things, grounds for disciplinary action.

The bill would also require an insurer providing professional liability insurance to a certified interior designer or a state or local governmental agency that self-insures a certified interior designer to report to the council certain information relating to a payment of a judgment, settlement, or arbitration award described above within 30 days of the payment.

The bill would impose the above-described reporting requirements if certain criteria are met, including that a certified interior designer was in responsible control of the portion of the project that was the subject of the civil judgment, settlement, arbitration award, or administrative action. The bill would specify that a certified interior designer is not considered to have violated a confidential settlement agreement or other confidential agreement by providing a report described above. The bill would authorize the council to adopt bylaws, rules, and procedures to further define the reporting requirements.

Existing law authorizes the council to take reasonable actions to carry out its responsibilities and duties, as specified.

This bill would prohibit the total annual salary for any individual employed or contracted by the council from exceeding the annual salary provided to certain state officers during that fiscal year.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act imposes various requirements on a state body holding a meeting subject to the act, including, among other things, requiring the state body to provide notice of its meeting to any person who requests that notice in writing.

Existing law requires meetings of the council issuing stamps to be subject to the rules of the Bagley-Keene Open Meeting Act.

This bill would, except as otherwise provided in the provision providing a comprehensive scheme for the certification and regulation of interior designers, require meetings of the council to be governed by either Rosenberg’s Rules of Order or Robert’s Rules of Order, Newly Revised.

The bill would require the council to provide a meaningful opportunity for public participation in the adoption, amendment, or repeal of any policies, procedures, rules, or bylaws that substantially impact the rights, benefits, privileges, duties, obligations, or responsibilities of individuals or entities subject to certification or approval by the council, including, among other things, actions by the council to increase fees. In this regard, the bill would require the council, at a minimum, to publish the complete text of any policies, procedures, rules, or bylaws proposed for adoption, amendment, or repeal along with a summary of the changes being considered for a period of at least 45 calendar days before the adoption, amendment, or repeal, and to accept written public comments during the 45-day period and allow further public comment during a meeting held for these purposes.

Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies.

This bill would require the council, beginning July 1, 2028, and to the extent practicable, to make the records of the council available for public inspection in a manner consistent with the California Public Records Act, as specified, and would authorize the council to charge for the direct costs of responding to requests for records, as specified.

(2) Existing law governs works of improvement, including design professionals liens. Existing law defines “design professional” for that purpose to include, among other things, a person licensed as an architect, as specified.

This bill would also include a person certified as an interior designer pursuant to the provisions described above as a “design professional.”