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STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1669	By:	Holt

AS INTRODUCED

An Act relating to architects and interior designers; amending 59 O.S. 2011, Sections 46.1, 46.2, 46.4, 46.6, 46.7, 46.8a, 46.9, 46.10, 46.11, 46.12, 46.14, 46.15, 46.17, 46.18, 46.19, 46.20, 46.21, 46.21b, 46.24, 46.25, 46.26, 46.29, 46.30, 46.31, 46.32, 46.33, 46.34, 46.35, 46.36, 46.38, 46.39, 46.40, and 46.41, which relate to the State Architectural and Registered Interior Designers Act; changing name of act; modifying language; modifying Board membership; modifying references; modifying authority of Board; deleting authority for registration of interior designers; deleting authority for certificate of title for certain interior design businesses; ceasing registration of interior designers on certain date; authorizing refund of certain registration fees; removing provision for certificate of title for interior design businesses; prohibiting use of certain term; providing exception; authorizing Board to monitor for certain violations; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 46.1, is amended to read as follows:
Section 46.1.  This act shall be known and may be cited as the "State Architectural ~~and Registered Interior Designers~~ Act".
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 46.2, is amended to read as follows:
Section 46.2.  In order to safeguard life, health and property and to promote the public welfare, the professions of architecture or landscape architecture are declared to be subject to regulation in the public interest.  It is unlawful for any person to practice or offer to practice architecture or landscape architecture in this state, as defined in the provisions of ~~Section 46.1 et seq. of this title~~ the State Architectural Act, use in connection with the person's name, or otherwise assume the title of architect~~,~~  or landscape architect ~~or registered interior designer~~, or advertise any title or description tending to convey the impression that the person is a licensed architect or landscape architect ~~or a registered interior designer~~ unless the person is duly licensed or exempt from licensure ~~or registration~~ under the State Architectural ~~and Interior Designers~~ Act.  The practice of architecture and landscape architecture and the use of the titles, architect~~,~~ or landscape architect ~~or registered interior designer,~~ are privileges granted by the state through the Board of Governors of the Licensed Architects~~,~~ and Landscape Architects ~~and Registered Interior Designers~~ of Oklahoma based upon the qualifications of the individual as evidenced by a certificate of licensure ~~or registration~~ which shall not be transferable.
SECTION 3.     AMENDATORY     59 O.S. 2011, Section 46.4, is amended to read as follows:
Section 46.4.  There is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, a board to be known as the "Board of Governors of the Licensed Architects~~,~~  and Landscape Architects ~~and Registered Interior Designers~~ of Oklahoma", hereinafter referred to as the Board.  The Board shall be composed of eleven (11) members, including seven persons who have been duly licensed to practice architecture and are actively engaged in the practice of architecture in this state or are teaching professors of architecture and duly licensed to practice architecture in this state, two persons who have been duly licensed to practice landscape architecture and are actively engaged in the practice of landscape architecture in this state or are teaching professors of landscape architecture and duly licensed to practice landscape architecture in this state, ~~one person as a registered interior designer after the initial appointment and any new appointees thereafter shall be a registered interior designer and either actively engaged as a registered interior designer in this state or is a registered teaching professor of interior design,~~ and ~~one~~ two lay ~~member~~ members.  Each member of the Board shall be a qualified elector of this state, and the architect and landscape architect members shall have had five (5) years' experience in the application or the study of the principles of their respective profession after initial licensure.  ~~The registered interior designer shall have five (5) years' experience in the application or the study of the principles of interior design, met the requirements of Section 46.38 of this title and become registered.  After July 1, 2012, the registered interior designer member of the Board shall have five (5) years of being registered by the Board and shall have met the requirements of Section 46.38 of this title.~~  Re-creation of the Board shall not alter existing staggered terms.  Board members, other than the lay member, shall be appointed for a period of five (5) years thereafter; provided that nothing herein shall affect the tenure of office of anyone who is a member of the Board ~~on the effective date of this act~~, except when a member's office is terminated by Statute.  A member may be reappointed to succeed such membership.  The licensed persons engaged in the practice of architecture or landscape architecture ~~or the registered interior designer~~, or the persons who are licensed teaching professors of architecture~~,~~ or landscape architecture ~~or registered and teaching interior design,~~ may be appointed by the Governor from a list of nominees submitted by respective professional societies of this state.  Membership in a professional society shall not be a prerequisite to appointment to the Board.  The lay ~~member~~ members of the Board shall be appointed by the Governor to a term coterminous with that of the Governor.  The lay ~~member~~ members shall serve at the pleasure of the Governor.  Provided, the lay ~~member~~ members may continue to serve after the expiration of the term of the member until such time as a successor is appointed.  Vacancies which may occur in the membership of the Board shall be filled by appointment by the Governor.  Each person who has been appointed to fill a vacancy shall serve for the remainder of the term for which the member the person shall succeed was appointed and until a successor, in turn, has been appointed and shall have qualified.  Each member of the Board, before entering upon the discharge of the duties of the member, shall make and file with the Secretary of State a written oath or affirmation for the faithful discharge of official duties.  Each member of the Board shall be reimbursed for travel expenses pursuant to the State Travel Reimbursement Act.
SECTION 4.     AMENDATORY     59 O.S. 2011, Section 46.6, is amended to read as follows:
Section 46.6.  The Board shall hold regular meetings with the dates, times and place to be fixed by the Board.  The Board shall hold a regular meeting in June of each year, which meeting shall be the annual meeting, at which time it shall elect its officers for the next fiscal year and conduct all other business required under ~~this act~~ the State Architectural Act.  At the regular meeting of the Board herein in June of each year, the Board shall elect from its membership a chair, a vice-chair and a secretary-treasurer, each of whom shall serve until such officer's respective successor shall have been elected and shall have qualified.  The position of the secretary-treasurer shall not count against the agency's full-time-equivalent limits authorized by the Legislature.  The chair shall preside at all meetings of the Board and shall perform such other duties as the Board may prescribe.  The secretary-treasurer shall receive a monthly salary to be fixed by the Board and shall be reimbursed pursuant to the State Travel Reimbursement Act for travel and other expenses which shall have been incurred while in the performance of the duties of this office.  Six Board members shall constitute a quorum for the transaction of business.
SECTION 5.     AMENDATORY     59 O.S. 2011, Section 46.7, is amended to read as follows:
Section 46.7.  In addition to the other powers and duties imposed by law, the Board shall have the power and duty to:
1.  Prescribe such rules and to make such orders, as it may deem necessary or expedient in the performance of its duties;
2.  Prepare, conduct, and grade examinations of persons who shall apply for the issuance of licenses to them, and to promulgate such rules with reference thereto as it may deem proper;
3.  Contract with nationally recognized registration organizations to prepare, conduct, and grade examinations, written or oral, of persons who shall apply for the issuance of licenses;
4.  Determine the satisfactory passing score on such examinations and issue licenses to persons who shall have passed examinations, or who shall otherwise be entitled thereto;
5.  Determine eligibility for licenses and certificates of authority;
6.  ~~Determine eligibility for registration as a registered interior designer and for certificate of title;~~
~~7.~~  Promulgate rules to govern the issuing of reciprocal licenses and registrations;
~~8.~~ 7. Upon good cause shown, as hereinafter provided, deny the issuance of a license~~, registration,~~ or certificate of authority ~~or certificate of title~~ or suspend, revoke or refuse to renew licenses~~, registrations, certificates of title~~ or certificates of authority previously issued, and upon proper showing, to reinstate them;
~~9.~~ 8. Review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension, revocation or refusal to renew;
~~10.~~ 9. Prescribe rules governing proceedings for the denial of issuance of a license, ~~registration,~~ certificate of authority ~~or certificate of title,~~ suspension, revocation or refusal to renew, for cause, of licenses~~, registrations,~~ or certificates of authority ~~or certificates of title~~ heretofore issued and the reinstatement thereof;
~~11.~~ 10. Prescribe such penalties, as it may deem proper, to be assessed against holders of licenses~~, registrations,~~  or certificates of authority ~~or certificates of title~~ for the failure to pay the biennial fee hereinafter provided ~~for~~;
~~12.~~ 11. Levy civil penalties plus the legal costs incurred by the Board to prosecute the case against any person or entity who shall violate any of the provisions of the State Architectural ~~and Registered Interior Designers~~ Act or any rule promulgated thereto;
~~13.~~ 12. Obtain an office, secure such facilities, and employ, direct, discharge and define the duties and set the salaries of such office personnel and set the salaries of such unclassified and exempt office personnel as deemed necessary by the Board;
~~14.~~ 13. Initiate disciplinary action, prosecute and seek injunctions against any person or entity who has violated any of the provisions of the State Architectural ~~and Registered Interior Designers~~ Act or any rule of the Board promulgated pursuant to said act and against the owner/developer of the building type not exempt;
~~15.~~ 14. Investigate alleged violations of the State Architectural ~~and Registered Interior Designers~~ Act or of the rules, orders or final decisions of the Board;
~~16.~~ 15. Promulgate rules of conduct governing the practice of licensed architects and landscape architects;
~~17.~~ 16. Keep accurate and complete records of proceedings, and certify the same as may be appropriate;
~~18.~~ 17. Whenever it deems it appropriate, confer with the Attorney General or the Attorney General's assistants in connection with all legal matters and questions.  The Board may also retain an attorney who is licensed to practice law in this state.  The attorney shall serve at the pleasure of the Board for such compensation as may be provided by the Board.  The attorney shall advise the Board and perform legal services for the Board with respect to any matters properly before the Board.  In addition to the above, the Board may employ hearing examiners to conduct administrative hearings under the provisions of the Administrative Procedures Act;
~~19.~~ 18. Prescribe by rules, fees to be charged as required by this act;
~~20.~~ 19. Adopt rules providing for a program of continuing education in order to insure that all licensed architects or landscape architects remain informed of those technical and professional subjects which the Board deems appropriate to professional architect or landscape architect practice.  The Board may by rule describe the methods by which the requirements of such program may be satisfied.  Failure to meet such requirements of continuing education shall result in nonrenewal of the license issued to the architect or landscape architect;
~~21.~~  20. Adopt rules regarding requirements for intern development as a prerequisite for licensure; and
~~22.~~ 21. Take such other action as may be reasonably necessary or appropriate to effectuate the State Architectural ~~and Registered Interior Designers~~ Act.
SECTION 6.     AMENDATORY     59 O.S. 2011, Section 46.8a, is amended to read as follows:
Section 46.8a.  A.  It shall be unlawful for any person to directly or indirectly engage in the practice of architecture in this state or use the title "Architect", "Registered or Licensed Architect", "Architectural Designer", or display or use any words, letters, figures, titles, signs, cards, advertisements, or other symbols or devices indicating or tending to indicate that such person is an architect or is practicing architecture, unless the person is licensed under the provisions of ~~this act~~ the State Architectural Act.  No person shall aid or abet any person~~,~~ not licensed under the provisions of ~~this act,~~ the State Architectural Act in the practice of architecture.
B.  Every person applying to the Board for an initial license shall submit an application accompanied by the fee established in accordance with the rules of the Board, with satisfactory evidence that such person holds an accredited professional degree in architecture or has completed such other education as the Board deems equivalent to an accredited professional degree and with satisfactory evidence that such person has completed such practical training in architectural work as the Board requires.  If an applicant is qualified in accordance with this subsection, the Board shall, by means of a written examination, examine the applicant on such technical and professional subjects as are prescribed by the Board.  None of the examination materials shall be considered public records.  The Board may exempt from such written examination an applicant who holds a certification issued by the National Council of Architectural Registration Boards.  The Board may adopt as its own rules governing practical training and education those guidelines published from time to time by the National Council of Architectural Registration Boards.  The Board may also adopt the examinations and grading procedures of the National Council of Architectural Registration Boards and the accreditation decisions of the National Architectural Accrediting Board.  The Board shall issue its license to each applicant who is found to be of good moral character and who satisfies the requirements set forth in this section and the Board's rules.  Such license shall be effective upon issuance.
C.  Pursuant to such rules as it may have adopted, the Board shall have the power to issue licenses without requiring an examination to persons who have been licensed to practice architecture in states other than the State of Oklahoma, in a territory of the United States, in the District of Columbia, or in a country other than the United States; provided that the state or country has a similar reciprocal provision to authorize the issuance of licenses to persons who have been licensed in this state.  If a person who has been licensed in a state other than the State of Oklahoma, or in a territory of the United States, in the District of Columbia, or in a country other than the United States complies with the rules of the Board, the secretary-treasurer, acting in the exercise of his or her discretion or upon the order of the Board in the exercise of its discretion and upon the receipt of the stated payment to the Board pursuant to the rules of the Board, shall issue to the person a license to practice architecture in this state.
SECTION 7.     AMENDATORY     59 O.S. 2011, Section 46.9, is amended to read as follows:
Section 46.9.  A.  The practice of architecture or landscape architecture or offering to practice these professions for others by persons licensed under ~~this act~~ the State Architectural Act through a partnership, firm, association, corporation, limited liability company or limited liability partnership as directors, partners, officers, shareholders, employees, managers, members or principals is permitted, subject to the provisions of the State Architectural ~~and Registered Interior Designers~~ Act, provided:
1.  One or more of the directors, partners, officers, shareholders, managers, members or principals of said partnership, firm, association, corporation, limited liability company or limited liability partnership is designated as being responsible for the entity's activities and decisions of said partnership, firm, association, corporation, limited liability company or limited liability partnership;
2.  Such director, partner, officer, shareholder, manager, member or principal is duly licensed under the State Architectural ~~and Registered Interior Designers~~ Act;
3.  All personnel of said partnership, firm, association, corporation, limited liability company or limited liability partnership which act in behalf of the entity for these professions in the state are licensed under the State Architectural ~~and Registered Interior Designers~~ Act; and
4.  Said partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of authority by the Board.
B.  The Board shall have the power to issue, revoke, deny, or refuse to renew a certificate of authority for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in the State Architectural ~~and Registered Interior Designers~~ Act.
C.  A partnership, firm, association, corporation, limited liability company or limited liability partnership desiring to practice architecture or landscape architecture shall file with the Board an application for a certificate of authority on a form approved by the Board which shall include the names, addresses, state of licensure and license number of all partners, directors, officers, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity's practice.  The form shall name an individual having the practice of architecture in such person's charge who is a director, partner, officer, member, manager or principal.  The person shall be duly  licensed as an architect to practice architecture or licensed as a landscape architect to practice landscape architecture in this state through said partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity's practice or services offered and other information required by the Board.  In the event there shall be a change in any of these persons during the term of the certification, such change shall be filed with the Board within thirty (30) days after the effective date of said change.  If all of the requirements of this section and the Board's current rules have been met, the Board shall issue a certificate of authority to such partnership, firm, association, corporation, limited liability company or limited liability partnership.
D.  Any other person licensed pursuant to the State Architectural ~~and Registered Interior Designers~~ Act, not practicing these professions as a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall practice as an individual.
E.  No such partnership, firm, association, corporation, limited liability company or limited liability partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, partners, directors, officers, managers, members or principals by reason of its compliance with the provisions of this section, or shall any individual practicing these professions be relieved of responsibility for professional services performed as an individual by reason of such person's employment or relationship with such partnership, firm, association, corporation, limited liability company or limited liability partnership.
F.  The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established any of the words "Architect", "Architectural", "Architecture", "Landscape Architect", "Landscape Architecture" or any modification or derivation of these words, unless the Board has issued for said applicant either a certificate of authority for an entity, or a letter indicating the eligibility for an exemption pursuant to the State Architectural ~~and Registered Interior Designers~~ Act.  The entity applying shall supply such certificate or letter from the Board with its application for incorporation or registration.
G.  The Secretary of State shall not register any trade name or service mark which includes such words, as set forth in subsection F of this section, or modifications or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of authority issued under the provisions of this section or letters of eligibility issued by the Board.
H.  ~~The use of the title "Registered Interior Designer" by a partnership, firm, association, corporation, limited liability company or limited liability partnership is allowed to those entities listed, provided:~~
~~1.  One or more of the directors, partners, officers, shareholders, members, managers or principals is registered with the Board as a registered interior designer and is in good standing with the Board; and~~
~~2.  The partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of title by the Board.~~
~~I.  The Board shall have the power to issue, revoke, deny or refuse to renew a certificate of title for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in the State Architectural and Registered Interior Designers Act.~~
~~J. A partnership, firm, association, corporation, limited liability company or limited liability partnership shall file with the Board an application for a certificate of title on a form approved by the Board which shall include the names, addresses, state of registration and registration number of all directors, partners, officers, shareholders, members, managers, or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership.  In the event there shall be a replacement of any of these persons during the term of certification, the change shall be filed with the Board within thirty (30) days after the effective date of the change.  If all the requirements of this section and the current rules of the Board have been met, the Board shall issue a certificate of title to such partnership, firm, association, corporation, limited liability company or limited liability partnership.~~
~~K.  The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established any of the words "Registered Interior Designer" or any modification or derivation of these words, unless the Board has issued for the applicant either a certificate of title for an entity, or a letter indicating the eligibility for an exemption pursuant to the State Architectural and Registered Interior Designers Act.  The firm applying shall supply such certificate of title or letter from the Board with its application for incorporation or registration.~~
~~L.  The Secretary of State shall not register any trade name or service mark which includes such words as set forth in subsection K of this section, or modification or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of title issued under the provisions of this section or letters of eligibility issued by the Board.~~
~~M.  Upon application for renewal and upon compliance with the provisions of the State Architectural and Registered Interior Designers Act and the rules of the Board, a certificate of title shall be renewed as provided in this act.~~
~~N.~~  Upon application for renewal and upon compliance with the provisions of the State Architectural ~~and Registered Interior Designers~~ Act and the rules of the Board, a certificate of authority shall be renewed as provided in ~~this act~~ the State Architectural Act.
SECTION 8.     AMENDATORY     59 O.S. 2011, Section 46.10, is amended to read as follows:
Section 46.10.  Every licensed architect~~,~~ and landscape architect ~~and registered interior designer~~ shall pay to the Board a fee as prescribed by the rules of the Board.  Upon receipt of the fee the Board shall issue a renewal of the license ~~or registration~~, which shall authorize the person to practice architecture~~,~~or landscape architecture ~~or use the title registered interior designer~~, as the case may be, in this state.  The license of an architect or landscape architect ~~or the registration of a registered interior designer~~ which has been canceled by the Board for nonpayment of dues may be renewed at any time within three (3) years from the date of the cancellation, upon payment to the Board of the fees which had accrued at the time of the cancellation and which would have been paid at the time of reinstatement had not the license ~~or registration~~ been suspended, together with payment of the amount of penalties which may have been prescribed by the Board.  If a license ~~or registration~~ remains canceled for a period exceeding three (3) consecutive years, it shall not be reinstated unless the licensee or registrant has taken or submitted to a test or a quiz or a Board review or an examination as the circumstances of the individual case may warrant and as may be prescribed by the Board in order to determine continued competency of the licensee ~~or registrant~~.  A partnership, firm, association, corporation, limited liability company or limited liability partnership shall pay to the Board the fee prescribed and in the manner provided by the rules of the Board for the renewal of the certificate of authority ~~or certificate of title~~ for such partnership, firm, association, corporation, limited liability company or limited liability partnership.
SECTION 9.     AMENDATORY     59 O.S. 2011, Section 46.11, is amended to read as follows:
Section 46.11.  ~~No~~ For purposes of the State Architectural Act, no license for architects or landscape architects or a certificate of authority for a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall be issued or renewed for longer than two (2) years.  A license or certificate may be renewed upon application, compliance with the rules of the Board, and payment of fees prior to or on June 30 of alternate years.  Every licensed architect or landscape architect having a place of business or employment within the state shall display such person's license in a conspicuous place in such place of business or employment.  A new license to replace a lost, destroyed or mutilated license shall be issued by the Board upon payment of a fee established in accordance with the rules of the Board.
SECTION 10.     AMENDATORY     59 O.S. 2011, Section 46.12, is amended to read as follows:
Section 46.12.  After the expiration of a period of six (6) months and upon payment to the Board of a fee as prescribed by the rules of the Board, a person or entity whose license~~, registration~~ or certificate of authority has been suspended or revoked for cause, pursuant to the provisions of the State Architectural ~~and Registered Interior Designers~~ Act, may file an application with the Board for the reinstatement of said license, registration~~,~~ or certificate of authority ~~or certificate of title~~.  After a showing has been made by the applicant to the Board that the interests of the public will not suffer by reason of reinstatement, the Board in its discretion may order the reinstatement of the license~~, registration,~~ or certificate of authority ~~or certificate of title~~ upon the payment of a sum equal to the fees which would have accrued had not the license~~, registration,~~ or certificate of authority ~~or certificate of title~~ of the applicant been suspended or revoked.
SECTION 11.     AMENDATORY     59 O.S. 2011, Section 46.14, is amended to read as follows:
Section 46.14.  The Board shall have power to suspend, to revoke or refuse to renew a license, ~~registration,~~ certificate of authority ~~or certificate of title~~ issued by it, pursuant to the provisions of the State Architectural ~~and Registered Interior Designers~~ Act, when the holder thereof:
1.  Shall have been convicted of a felony;
2.  Shall have been guilty of fraud or misrepresentation in the person's application, whether for an examination or for a license or registration without examination, or of fraud in the examination;
3.  Shall have been guilty of gross incompetence or recklessness in the practice of architecture relating to the construction of buildings or structures, or of dishonest practices;
4.  Shall have been guilty of gross incompetence or recklessness in the practice of landscape architecture, or of dishonest practices;
5.  Presents the registration of another as his or her own;
6.  Gives false or forged evidence to the Board;
7.  Conceals information relative to any violation of ~~this act~~ the State Architectural Act or rules promulgated ~~under this act~~ thereto;
8.  Shall have been found to be guilty of a violation of a provision of the State Architectural ~~and Registered Interior Designers~~ Act or the rules of the Board; provided, that a person or entity complained of:
a.	shall first have been served notice in the same manner as provided by law in other civil actions of the charges filed against the person or entity and of the time, place, and nature of the hearing before the Board, and
b.	shall have the right to be represented by counsel and an opportunity to respond and present evidence and argument on all issues involved, by the introduction of evidence and by the examination and cross-examination of witnesses, and to compel the attendance of witnesses and the production of books and papers.  Pursuant to the foregoing, the Board shall have the power of a court of record, including the power to issue subpoena and to compel the attendance and testimony of witnesses.  Each member of the Board shall have the power to administer oaths and to issue subpoena.  Whenever any person who shall have been subpoenaed to appear to give testimony, or to answer any pertinent or proper question, or to produce books, papers or documents which shall have been designated in a subpoena, either on behalf of the prosecution or on behalf of the accused, shall refuse to appear to testify before the Board, or to answer any pertinent or proper questions, or to produce a book, paper or document which shall have been designated in a subpoena, the person shall be deemed to be in contempt of the Board, and it shall be the duty of the presiding officer of the Board, to report the fact to the district court of the State of Oklahoma in and for the county in which such person may be or may reside whereupon the court shall issue an attachment in the usual form, directed to the sheriff of the county, which shall command the sheriff to attach such person and forthwith bring the person before the court.  On the return of the attachment duly served upon the accused, or upon the production of the person attached, the district court shall have jurisdiction of the matter.  The person charged may purge himself or herself of the contempt in the same way and the same proceedings shall be had, and the same penalties may be imposed, as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a district court of the State of Oklahoma.  Depositions may be taken and used in the same manner as in civil cases.  The Board shall keep a record of the evidence in, and a record of each proceeding for the suspension, revocation of or refusal to renew a license or certificate of authority and shall make findings of fact and render a decision therein.  If, after a hearing, the charges shall have been found to have been sustained by the vote of a majority of the members of the Board it shall immediately enter its order of suspension, revocation or refusal to renew, as the case may be.
SECTION 12.     AMENDATORY     59 O.S. 2011, Section 46.15, is amended to read as follows:
Section 46.15.  Any person or entity aggrieved by a final order of the Board of Governors of the Licensed Architects and Landscape Architects of Oklahoma may appeal from such decision by filing a petition in the District Court of Oklahoma County within thirty (30) days from the date of such final order.  The District Court of Oklahoma County shall have jurisdiction of an appeal from the Board, and shall have power to affirm, reverse or modify the decisions of the Board.  Such appeals shall be subject to the law and practice applicable to other civil actions.  Provided, that any party to said appeal may appeal from the decision of said district court to the Supreme Court of Oklahoma in the same manner as provided by law in other civil actions.
SECTION 13.     AMENDATORY     59 O.S. 2011, Section 46.17, is amended to read as follows:
Section 46.17.  Any person or entity convicted of violating any provision of the State Architectural ~~and Registered Interior Designers~~ Act shall be guilty of a misdemeanor.  The continued violation of any provision of the State Architectural ~~and Registered Interior Designers~~ Act during each day shall be deemed to be a separate offense.  Upon conviction thereof the person or entity shall be punished by imprisonment in the county jail not to exceed one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment for each offense.  The Board may request the appropriate district attorney to prosecute such violation and seek an injunction against such practice.
SECTION 14.     AMENDATORY     59 O.S. 2011, Section 46.18, is amended to read as follows:
Section 46.18.  A.  Any person or entity who has been determined by the Board of Governors of the Licensed Architects and Landscape Architects of Oklahoma to have violated any provision of the State Architectural ~~and Registered Interior Designers~~ Act or any rule or order issued pursuant ~~to the provisions of the State Architectural and Registered Interior Designers Act~~ thereto may be liable for a civil penalty of not more than One Hundred Dollars ($100.00) for each day that said violation continues plus the legal costs incurred by the Board to prosecute the case.  The maximum civil penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations plus the legal costs incurred by the Board to prosecute the case.
B.  The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection A of this section, after notice and hearing.  In determining the amount of the penalty, the Board shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the State Architectural ~~and Registered Interior Designers~~ Act.  All monies collected from such civil penalties shall be deposited with the State Treasurer of Oklahoma and placed in the Board of Architects' Fund.
C.  Any license, ~~registration,~~ or certificate of authority ~~or certificate of title~~ holder may elect to surrender the license, ~~registration,~~ or certificate of authority ~~or certificate of title~~ in lieu of said fine but shall be forever barred from obtaining a reissuance of said license, registration, certificate of authority or certificate of title.
SECTION 15.     AMENDATORY     59 O.S. 2011, Section 46.19, is amended to read as follows:
Section 46.19.  All monies which shall be paid to the Board pursuant to the provisions of the State Architectural ~~and Registered Interior Designers~~ Act shall be deposited with the State Treasurer of Oklahoma and placed in a separate and distinct fund to be known as the "Board of Architects' Fund".  At the end of each fiscal year hereafter such unexpended balance remaining in the Board of Architects' Fund shall be carried over and continued therein.  All sums of money now or hereafter to be or to come into the fund are hereby appropriated for the purpose of effectuating the purposes of the State Architectural ~~and Registered Interior Designers~~ Act, and to pay all costs and expenses heretofore and hereafter incurred in connection therewith.
SECTION 16.     AMENDATORY     59 O.S. 2011, Section 46.20, is amended to read as follows:
Section 46.20.  At the close of each fiscal year, the Board of Governors of the Licensed Architects and landscape Architects shall make a full report of its proceedings during the year to the Governor and shall pay into the General Revenue Fund of the state, ten percent (10%) of all license and certificate of authority issuance and renewal fees collected and received during the fiscal year.
SECTION 17.     AMENDATORY     59 O.S. 2011, Section 46.21, is amended to read as follows:
Section 46.21.  A.  The State Architectural ~~and Registered Interior Designers~~ Act shall not apply to any persons, firms, corporations, limited liability companies or limited liability partnerships who prepare plans and specifications for persons, firms, corporations, limited liability companies or limited liability partnerships other than such person or entity, for buildings exempted by the State Architectural ~~and Registered Interior Designers~~ Act from requiring an architect licensed under the laws of the State of Oklahoma, providing such persons, firms, corporations, limited liability companies or limited liability partnerships shall not, in any manner, represent such person or entity to be an architect or other title of profession or business using a form of the word, "Architect", and providing further that nothing in the State Architectural ~~and Registered Interior Designers~~ Act shall prevent such persons, firms, corporations, limited liability companies or limited liability partnerships advertising or selling such service.
B.  Nothing in ~~this act~~ the State Architectural Act shall be construed to prevent:
1.  The preparation of technical submissions or the administration of construction contracts by employees of a person or entity lawfully engaged in the practice of architecture when such employees are acting under the responsible control of a licensed architect;
2.  A nonresident, who holds the certification issued by the National Council of Architectural Registration Boards, from offering to render the professional services involved in the practice of architecture; provided, that the person shall not perform any of the professional services involved in the practice of architecture until licensed as hereinbefore provided; and further provided, that the person shall notify the Board in writing that:
a.	the person holds a National Council of Architectural Registration Boards certificate and is not currently licensed in the jurisdiction, but will be present in the state for the purpose of offering to render architectural services,
b.	the person will deliver a copy of such notice to every potential client to whom the applicant offers to render architectural services, and
c.	the person promises to apply immediately to the Board for registration if selected as the architect for the project; or
3.  A person, who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently licensed in the jurisdiction, from seeking an architectural commission by participating in an architectural design competition for a project in the state; provided, that the person shall notify the Board in writing that:
a.	the person holds a National Council of Architectural Registration Boards certificate and is not currently licensed in the jurisdiction, but will be present in the state for the purpose of participating in an architectural design competition,
b.	the person will deliver a copy of such notice to every person conducting an architectural design competition in which the applicant participates, and
c.	the person promises to apply immediately to the Board for registration if selected as the architect for the project.
SECTION 18.     AMENDATORY     59 O.S. 2011, Section 46.21b, is amended to read as follows:
Section 46.21b.  A.  An architect shall be required to plan, design and prepare plans and specifications for the following building types except where specifically exempt from the provisions of the State Architectural ~~and Registered Interior Designers~~ Act.  All use groups in this section are defined by the 2003 International Building Code.
B.  The construction, addition or alteration of a building of any size or occupancy in the following Code Use Groups shall be subject to the provisions of the State Architectural ~~and Registered Interior Designers~~ Act:
1.  Code Use Group I — Institutional;
2.  Code Use Group R-2 – Residential, limited to dormitories, fraternities and sororities, and monasteries and convents;
3.  Code Use Group A-1 – Assembly and theaters;
4.  Code Use Group A-4 – Assembly, arenas and courts;
5.  Code Use Group A-5 – Assembly, bleachers and grandstands; and
6.  Buildings for which the designated Code Use Group changes are not exempt from the State Architectural ~~and Registered Interior Designers~~ Act.
C.  The following shall be exempt from the provisions of the State Architectural ~~and Registered Interior Designers~~ Act; provided that, for the purposes of this subsection, a basement is not to be counted as a story for the purpose of counting stories of a building for height regulations:
1.  The construction, addition or alteration of a building no more than two stories in height and with a code–defined occupancy of no more than fifty (50) persons for the Code Use Groups A-2 and A-3 – Assembly and Code Use Group E - Education;
2.  The construction, addition or alteration of a building no more than two stories in height and no more than sixty-four transient lodging units per building for the Code Use Group R1 — Residential, including, but not limited to, hotels and motels;
3.  The construction, addition or alteration of a building no more than two stories in height and with a gross square footage not exceeding one hundred thousand (100,000) in the Code Use Group B – Business;
4.  The construction, addition or alteration of a building no more than two stories in height and with a gross square footage not exceeding two hundred thousand (200,000) in the Code Use Group M – Mercantile; and
5.  The construction, addition or alteration of a building no more than two stories in height in the following Code Use Groups or buildings:
a.	Code Use Group U — Utility,
b.	Code Use Group F – Factory and Industrial,
c.	Code Use Group H – High hazard,
d.	Code Use Group S – Storage,
e.	Code Use Group R2 — Residential, including apartments containing no more than thirty-two dwelling units or thirty-two guest units per building,
f.	Code Use Groups R3 and R4 — Residential,
g.	all buildings used by a municipality, county, state, public trust, public agency or the federal government with a construction value under One Hundred Fifty-eight Thousand Dollars ($158,000.00),
h.	incidental buildings or appurtenances associated with paragraphs 1 through 5 of this subsection, and
i.	all uninhabitable, privately owned agricultural buildings.
D.  The renovation or alteration of a building where the intended use is exempt as new construction shall be exempt from the provisions of the State Architectural ~~and Registered Interior Designers~~ Act.
E.  Addition, renovation or alteration of buildings where the intended use is not exempt from the provisions of ~~this act~~ the State Architectural Act, but where the planned addition or alteration, as determined by the applicable building official, does not affect the primary structural, mechanical, or electrical systems, life-safety systems or exit passageways shall be exempt from the provisions of the State Architectural ~~and Registered Interior Designers~~ Act.
SECTION 19.     AMENDATORY     59 O.S. 2011, Section 46.24, is amended to read as follows:
Section 46.24.  A.  Except as otherwise provided in the State Architectural ~~and Registered Interior Designers~~ Act, no license shall be issued to any person to practice architecture in this state unless the person:
1.  Is twenty-one (21) years of age or over and is of good moral character;
2.  Is an actual bona fide resident of this state, except the Board may waive this requirement in the case of a bona fide resident of a foreign country or in any other case when the Board determines the applicant for a license is not seeking to avoid the requirements of the state of residence for a license;
3.  Is the holder of an accredited professional degree in architecture and shall have had such practical training as the Board, by rule, shall deem appropriate.  In lieu of the requirement of an accredited professional degree, the Board may register an applicant who demonstrates in accordance with such standards and requirements as the Board adopts by rule that the person has such other educational experience as the Board deems equivalent to an accredited professional degree in architecture;
4.  Has paid to the Board a fee as prescribed by the rules of the Board plus the actual cost of the examination; and
5.  Has passed the examinations prescribed by the Board for the issuance of a license.
B.  Upon meeting the requirements of subsection A of this section and payment of an initial fee as may be prescribed by the rules of the Board, the Board shall issue to the applicant a license which shall authorize the applicant to engage in the practice of architecture in this state.
C.  The examination for a license to practice architecture in this state shall be held not less than once each year, shall cover such subjects as may be prescribed by the Board and shall be graded on such basis as the Board shall prescribe by rule.  The Board may adopt the examinations, requirements for admission to the examinations and the grading procedures of the National Council of Architectural Registration Boards.  Notice of the time and place for the holding of examinations shall be given in the manner and form prescribed by the Board.
D.  The license certificate shall be in a form prescribed by the Board.  The certificate shall be signed by the chair and by the secretary-treasurer of the Board and shall bear the impress of the seal of the Board.  All papers received by the Board relating to an application for a license, to an examination and to the issuance of a license shall be retained by the Board for three (3) years.
E.  The following Board records and papers are of a confidential nature and are not public records:  Examination material for examinations before and after they are given, file records of examination problem solutions, letters of inquiry and reference concerning applicants, Board inquiry forms concerning applicants, and investigation files.
SECTION 20.     AMENDATORY     59 O.S. 2011, Section 46.25, is amended to read as follows:
Section 46.25.  Each licensed architect shall have a seal, the image of which must contain the name of the architect, the person's license number and the words, "Licensed Architect, State of Oklahoma".
All technical submissions prepared by such architect, or under the responsible control of the architect, shall be sealed, signed and dated, which shall mean that the architect was in responsible control over the content of such technical submissions during their preparation and has applied the required professional standard of care.  No licensed architect may sign or seal technical submissions unless ~~they~~ such technical submissions were prepared by or under the responsible control of the architect; except that:
1.  The person may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under the State Architectural ~~and Registered Interior Designers~~ Act if the architect has reviewed and adapted in whole or in part such portions and has either coordinated their preparation or integrated them into the work; and
2.  The person may sign or seal those portions of the technical submissions that are not required to be prepared by or under the  responsible control of an architect if the architect has reviewed and adapted in whole or in part such submissions and integrated them into the work.  The seal may be a rubber stamp or may be generated electronically, pursuant to rules adopted by the Board.
SECTION 21.     AMENDATORY     59 O.S. 2011, Section 46.26, is amended to read as follows:
Section 46.26.  It shall be unlawful for an architect to accept or to receive compensation, directly or indirectly, from another than his or her client in connection with the reparation, alteration or construction of a building or structure in relation to which he or she shall have accepted employment in any manner.
SECTION 22.     AMENDATORY     59 O.S. 2011, Section 46.29, is amended to read as follows:
Section 46.29.  No person shall practice landscape architecture in this state, or use the title "landscape architect" on any sign, title, card or device to indicate that such person is practicing landscape architecture or is a landscape architect, unless such person shall have secured a license from the Board of Governors of the Licensed Architects and Landscape Architects ~~a license~~.
SECTION 23.     AMENDATORY     59 O.S. 2011, Section 46.30, is amended to read as follows:
Section 46.30.  The Board shall license, as a landscape architect, each applicant who demonstrates to the satisfaction of the Board his or her fitness for such license as provided in ~~this act~~ the State Architectural Act.
The Board shall issue to each individual licensed a certificate of qualification and the right to use the title "landscape architect", and to practice landscape architecture in the state.
SECTION 24.     AMENDATORY     59 O.S. 2011, Section 46.31, is amended to read as follows:
Section 46.31.  A.  Any person of good moral character who is a legal resident of the State of Oklahoma and who is twenty-one (21) years of age or older, with a degree from an approved landscape architecture program and upon completion of practical training as the Board, by rule, shall deem appropriate, whose application has been approved by the Board, and who has fulfilled such other requirements as determined by the State Architectural ~~and Registered Interior Designers~~ Act and the rules of the Board, upon the payment to the Board of a fee as prescribed by the rules of the Board, plus an amount to be determined by the Board, equal to the cost of the examination, may take an examination for the purpose of securing a license to practice landscape architecture in this state.  Examinations shall be held not less than once each year by the Board or by a committee appointed by it to do so.  Notice of the time and place of the holding of examinations shall be given in manner and form as prescribed by the Board.
B.  The Board shall establish rules for examination of landscape architects and may elect to follow the recommendations of the Council of Landscape Architects Registration Board (CLARB) or its successor.  The examinations shall be designed to determine the qualifications of the applicant to practice landscape architecture.  The examination shall cover such technical, professional and practical subjects as relate to the practice of the profession of landscape architecture.  The examination shall also cover the basic arts and sciences and knowledge of material which is necessary to the proper understanding, application and qualification for practice of the profession of landscape architecture.  The minimum passing grade in all subjects of the examination shall be as established by the Board.  An applicant receiving a passing grade on a subject included in the examination will be given credit, subject to the rules of the Board.  Applicants for readmittance to the examination shall pay the full examination fee for each testing.
Upon passage of the examination, completion of the Board's requirements as prescribed by rules, and the payment of a sum as prescribed by the rules of the Board, the Board shall issue to the applicant a license certificate which shall authorize the person to engage in the practice of landscape architecture in this state.
C.  Pursuant to such rules as it may have adopted, the Board shall have the power to issue licenses without requiring an examination to persons who have been licensed to practice landscape architecture in states other than the State of Oklahoma, in a territory of the United States, in the District of Columbia, or in a country other than the United States provided that the state, territory, district or country has a similar reciprocal provision to authorize the issuance of licenses to persons who have been licensed in this state.  If a person who has been licensed in a state other than the State of Oklahoma, or in a territory of the United States, in the District of Columbia, or in a country other than the United States complies with this act and rules of the Board, the secretary-treasurer, in the exercise of his or her discretion, or upon the order of the Board and upon the receipt of the stated fee by the Board, shall issue to the person a license to practice landscape architecture in this state.
SECTION 25.     AMENDATORY     59 O.S. 2011, Section 46.32, is amended to read as follows:
Section 46.32.  ~~The~~ For purposes of the State Architectural Act, the privilege of engaging in the practice of landscape architecture is personal, based upon the qualifications of the individual evidenced by the individual's registration, and is not transferable.
SECTION 26.     AMENDATORY     59 O.S. 2011, Section 46.33, is amended to read as follows:
Section 46.33.  The Board of Governors of the Licensed Architects and Landscape Architects may restore a license to any person whose license has lapsed or has been revoked or suspended.  Application for the reissuance of a license and fees shall be made in such manner as the Board may direct.
SECTION 27.     AMENDATORY     59 O.S. 2011, Section 46.34, is amended to read as follows:
Section 46.34.  A.  Each licensed landscape architect shall have a seal, the image of which shall contain the name of the landscape architect, the person's license number and the words, "Licensed Landscape Architect, State of Oklahoma".  All technical submissions prepared by such landscape architect, or under the responsible control of the landscape architect, shall be sealed, signed and dated, which shall mean that the landscape architect was in responsible control over the content of such technical submissions during ~~their~~ the preparation and has applied the required professional standard of care.  No licensed landscape architect may sign or seal technical submissions unless ~~they~~ the submissions were prepared by or under the responsible control of the landscape architect, except that:
1.  The person may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under the State Architectural ~~and Registered Interior Designers~~ Act if the landscape architect has reviewed and adapted in whole or in part such portions and has either coordinated their preparation or integrated them into the work; and
2.  The person may sign or seal those portions of the technical submissions that are not required to be prepared by or under the responsible control of a landscape architect if the landscape architect has reviewed and adapted in whole or in part such submissions and integrated them into the work.  The seal may be a rubber stamp or may be generated electronically.
B.  All drawings, specifications, plans, reports or other papers or documents involving the practice of landscape architecture, shall be dated and bear the signature and seal of the landscape architect or landscape architects who prepared or approved them.  It is permissible to only sign, seal and date documents on the first sheet of bound sets of drawings, with index of drawings included, title page of specifications, and other drawings and contract documents in a manner consistent with ~~this act~~ the State Architectural Act and rules of the Board.
C.  The seal, signature and date of the landscape architect may be applied to tracings to produce legible reproduction of the drawings or to reprints made from the tracings.  This provision, however, does not in any manner modify the requirements of the other subsections of this section.
D.  The license of a landscape architect shall not permit the practice of architecture, engineering or land surveying, except that which is incidental to the practice of landscape architecture.  No landscape architect shall permit his or her seal to be affixed to any plans, specifications or drawings if such portions thereof as are involved in the practice of his or her particular profession were not prepared by or under the landscape architect's personal and direct supervision by a regularly employed subordinate.
SECTION 28.     AMENDATORY     59 O.S. 2011, Section 46.35, is amended to read as follows:
Section 46.35.  ~~It~~ For purposes of the State Architectural Act, it shall be unlawful for a landscape architect to accept or to receive compensation, directly or indirectly, from any person other than the client in connection with the reparation, alteration or construction of a project in relation to which the landscape architect shall have accepted employment in any manner.
SECTION 29.     AMENDATORY     59 O.S. 2011, Section 46.36, is amended to read as follows:
Section 46.36.  ~~It~~ For purposes of the State Architectural Act, it shall be unlawful for a landscape architect, at any time, to bid for a contract for the reparation, alteration or construction of a project for which the landscape architect has prepared construction documents.
SECTION 30.     AMENDATORY     59 O.S. 2011, Section 46.38, is amended to read as follows:
Section 46.38.  A.  On ~~July 1, 2007,~~ the effective date of this act, the registration of interior designers ~~begins~~ shall cease.
B.  Except as may otherwise be provided in the State Architectural ~~and Registered Interior Designers~~ Act, ~~no~~ the registration ~~shall be~~ issued to any person prior to the effective date of this act to represent that the person is a "registered interior designer" ~~nor~~ shall ~~any person be allowed to use the term unless the person pays to the Board the required fees and/or penalties if~~ not be applicable ~~as established by the rules of the Board and:~~
~~1.  Holds an accredited professional degree in interior design from an interior design program accredited by the Foundation for Interior Design Education Research, or its successor, or from an interior design program determined by the Board to be substantially equivalent to an accredited program;~~
~~2.  Provides proof of a minimum of two (2) years of full-time diversified and appropriate experience within established standards as the Board shall prescribe; and~~
~~3.  Provides to the Board proof of passage of the examination administered by the National Council for Interior Design Qualification or its successor~~ and is void.
C.  The Board may ~~waive the requirements of the State Architectural and Registered Interior Designers Act for an individual who holds a current valid registration from another state, jurisdiction or foreign country where the requirements for registration are substantially equivalent to those required for registration in this state and pays the required fees and/or penalties, if applicable, to the Board.~~
~~D.  This section does not apply to a person licensed to practice architecture pursuant to the laws of this state.~~
~~E.  Nothing in this act shall be construed to authorize the board to regulate persons who are rendering interior design services and are not a registered interior designer under the provisions of this act or to adopt regulations that would exceed the powers and responsibilities expressly authorized under this act~~ rebate or refund an interior designer's registration fee paid for the interior designer who is in good standing with the Board if such registration term extends beyond the effective date of this act when the requirement for all interior designer registrations shall cease.
F.  Certificate of title ~~shall be subject to the following:~~
~~1.  The use of the title "Registered Interior Designer"~~ and the use of the term "Registered Interior Designer" by a partnership, firm, association, corporation, limited liability company or limited liability partnership ~~is allowed to those entities listed, provided:~~
~~a.~~	~~one or more of the directors, partners, officers, shareholders, members, managers, or principals is a registered interior designer and is in good standing with the Board, and~~
~~b.~~	~~the partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of title by the Board;~~ shall not be applicable on and after the effective date of this act and is void.
~~2.  The Board shall have the power to issue, revoke, deny or refuse to renew a certificate of title for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in this act;~~
~~3.  A partnership, firm, association, corporation, limited liability company or limited liability partnership shall file with the Board an application for a certificate of title on a form approved by the Board which shall include the names, addresses, state of registration and registration number of all directors, partners, officers, shareholders, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership.  In the event there shall be a change in any of these persons during the term of certification, the change shall be filed with the Board within thirty (30) days after the effective date of the change.  If all the requirements of this section and the Board's current rules have been met, the Board shall issue a certificate of title to the partnership, firm, association, corporation, limited liability company or limited liability partnership;~~
~~4.~~  The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity on and after the effective date of this act which includes among the objectives for which it is established the words "Registered Interior Designer" or any modification or derivation of these words~~, unless the Board has issued for the applicant either a certificate of title for an entity, or a letter indicating the eligibility for an exemption pursuant to the requirements of this act~~.  ~~The firm applying shall supply the certificate of title or letter from the Board with its application for incorporation or registration;~~
~~5.  The Secretary of State shall not register any trade name or service mark which includes such words as set forth in paragraph 4 of this subsection, or modification or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of title issued under the provisions of this section or letters of eligibility issued by the Board; and~~
~~6.  Upon application for renewal and upon compliance with the provisions of this act and the rules of the Board, a certificate of title shall be renewed as provided by this act.~~
~~G.  No registration for registered interior designers or a certificate of title for a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall be issued or renewed for longer than two (2) years.  A registration or certificate of title may be renewed upon application, compliance with the rules of the Board and payment of fees prior to or on June 30 of alternate years.  The registration for registered interior designers shall begin July 1, 2007, and shall end June 30, 2009, unless renewed every two (2) years thereafter.  A new registration to replace a lost, destroyed or mutilated registration shall be issued by the Board upon payment of a fee established in accordance with the rules of the Board~~.
SECTION 31.     AMENDATORY     59 O.S. 2011, Section 46.39, is amended to read as follows:
Section 46.39.  ~~Any~~ No person ~~who applies to become a registered interior designer and remits the application and initial fees within two (2) years after July 1, 2007, shall be registered by the Board of Governors of the Licensed Architects, Landscape Architects and Registered Interior Designers if:~~
~~1.  In lieu of the requirement of an accredited professional degree, an applicant demonstrates, in accordance with such standards and requirements as the Board adopts by rule, that the applicant has the interior design education that the Board deems equivalent to an accredited professional degree in interior design and the applicant has passed the examination of the National Council for Interior Design Qualification, or its successor;~~
~~2.  In lieu of the requirement of any professional degree, an applicant may provide documented proof of diversified and appropriate experience in the practice of interior design for a period of six (6) years and the applicant has passed the examination of the National Council for Interior Design Qualification, or its successor; or~~
~~3.  The applicant is a licensed architect~~ shall use the term "Registered Interior Designer" on and after the effective date of this act, unless such registration is applicable and valid in another state jurisdiction.
SECTION 32.     AMENDATORY     59 O.S. 2011, Section 46.40, is amended to read as follows:
Section 46.40.  A.  The Board of Governors of the Licensed Architects~~,~~ and Landscape Architects ~~and Registered Interior~~ ~~Designers~~ of Oklahoma may ~~waive the educational and examination requirements of the State Architectural and Registered Interior Designers Act for persons with diversified and appropriate experience in the practice of interior design for a period of fifteen (15) years prior to July 1, 2007, if the person is not registered under the State Architectural and Registered Interior Designers Act and not exempt from the requirement for registration in order to use~~ continue to monitor and investigate the use of the title "Registered Interior Designer" and may take necessary actions or proceedings for violations.
B.  The State Architectural ~~and Registered Interior Designers~~ Act shall not be construed to prohibit or interfere with the ability of a licensed architect to perform those activities that are associated with his or her practice ~~as provided under the provisions of the State Architectural and Registered Interior Designers Act~~.
SECTION 33.     AMENDATORY     59 O.S. 2011, Section 46.41, is amended to read as follows:
Section 46.41.  A.  It shall be unlawful for any person or entity to use the title "Registered Interior Designer" or any other derivation of these words to indicate that the person or entity is registered ~~under the provisions of this act~~ in this state, if the person ~~is~~ was not registered ~~under this act and not exempt from the requirement for registration~~ and in good standing with the Board of Governors of the Licensed Architects and Landscape Architects on the effective date of this act.
B.  ~~Any~~ Except as may be authorized in subsection A of this section, any person who, for a fee or other direct compensation, holds himself or herself out as a registered interior designer, advertises, puts out any sign, card or drawings in this state designating himself or herself as a "Registered Interior Designer" or uses some form of the term in the title of a profession or business ~~without first having complied with the provisions of the State Architectural and Registered Interior Designers Act~~ shall be deemed guilty of a misdemeanor.
SECTION 34.  This act shall become effective November 1, 2014.

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