March 2012
Just wanted to give you an update on the two bills currently in the Massachusetts legislature.
SB 93, An Act relative to the Registration of Interior Designers has been sent to a study by the Joint Committee on Consumer Protection and Professional licensure in MA. While bills "sent to study" are in effect dead bills, there is a very remote chance that it may be revived. However, there is no indication currently of that being the case, nor do I anticipate that being the case in the future.
SB 1634, An Act relative to the Profession of Interior Designers to Bid on State Contracts, was reported favorably and referred to the Senate Ways and Means Committee, where we have it stalled for the time being. I will continue to monitor its progress and schedule more lobbying meeting as well as ask you to submit opposition letters if needed.
March 12, 2012
Last week, Senate bill 1634 which would require all designers to be certified to bid on state contracts was reported favorably from the Joint Committee on State Administration and Regulatory Oversight.
This bill was a carryover from last year; I lobbied and testified against this bill in Boston last summer and it did not move out of Committee.
However, in an under-the-radar move that unfortunately is a hallmark of one of its sponsors, Rep. Kafka (you may recall his tactic of inserting "certified" into a previous bill just before midnight on the last day of session and rammed it through the House floor), this bill did not get a hearing this year, but was pushed through Committee by Rep. Kafka.
ACTION:
No action required just yet. I have a list of Senators that I may call on you to target, but first I'm working on getting a meeting with the Senate Chairman Ken Donnelly hopefully the week of March 12th.
March 2011
Last
week, Senate bill 1634 which would require all designers to be
certified to bid on state contracts was reported favorably from the
Joint Committee on State Administration and Regulatory Oversight.
This
bill was a carryover from last year; I lobbied and testified against
this bill in Boston last summer and it did not move out of Committee.
However,
in an under-the-radar move that unfortunately is a hallmark of one of
its sponsors, Rep. Kafka (you may recall his tactic of inserting
"certified" into a previous bill just before midnight on the last day of
session and rammed it through the House floor), this bill did not get a
hearing this year, but was pushed through Committee by Rep. Kafka.
ACTION:
No
action required just yet. I have a list of Senators that I may call on
you to target, but first I'm working on getting a meeting with the
Senate Chairman Ken Donnelly hopefully the week of March 12th.
Passage of this law will negatively affect you by...
 ...anointing a handful designers with special state recognition to help them market themselves to the public as "state registered"
...encouraging the public to seek state registered designers when making their hiring decision; unless you have passed the NCIDQ exam, you cannot be state registered
...lead to a full-blown practice act in the near future - in fact, one of the key sponsors of the bill (and sponsor of previous years' bills) is already on record stating that this bill is being used to get a foot in the door, and that he intends to seek a practice act to limit the work that ALL designers may do.
...preventing bidding authorities from hiring the best designer who meets the bid specifications if they are not NCIDQ certified and registered.
ACTION NEEDED
- Write and call the members of the Joint Committee on Consumer Protection and Professional Licensure and urge them to REJECT SB 93 and SB 1634. Contact info available here.
- Attend the hearing on June 21st. It is important that we have a large turnout signing in opposition. We also need people to testify. If you're interested in testifying, please contact me at pmorrow@idpcinfo.org.
May 2011
We have been successful in getting the hearing postponed until June.
Please
be aware that this is a hybrid bill. It not only restricts a title, but
also establishes that only designers who meet the requirements set
forth in the bill would be able to bid on state contracts. This is why
we call these bills "Trojan horses" -- they get their foot in the door
and then they will attempt to amend it, year after year, until they
impose full-blown occupational licensing.
May 2011
Hearing scheduled 5/9/11
FYI, a hearing on the Massachusetts Interior Design Coalition's title act is set for May 17th at 1:00 p.m. at the Capitol in Boston.
Unfortunately, due to decreased membership/support in Massachusetts, New Hampshsire and Rhode Island, I am not currently planning to testify, but strongly encourage all members of the design community to write to the Senate committee and attend the hearing to register your opposition.
Feb 2011
 They're back!
Like zombies, these bills just won't stay dead.
The same two bills we've been derailing for the last several years are back in the Massachusetts legislature.
- A title act bill which would allow only NCIDQ-certified designers to have a state-sanctified marketing advantage has been pre-filed. The text is not yet available, so there may be additional anti-competitive restrictions within the bill.
- A bidding bill which would allow only certified designers to bid on state contracts has been pre-filed. This is like the bill which passed both House and Senate but we stalled before it got to the Governor's desk last year.
Let's snuff out HB 2999!
Today, the Massachusetts chapter of ASID sent an email blast to their members asking them to make a last ditch effort to move HB 2999, the restrictive bidding bill. As usual, they're hoping to convince the legislature to pass it by misleading them, saying the opposition has been contacted and "should now be agreeable of the new language." Nothing could be further from the truth. Neither we nor any of the organizations we work with have been contacted and we all remain opposed.
IMPORTANT! Contrary to ASID's assertion that this legislation has no relevance and no potential to harm your business, we have substantive proof that the bill sponsor's intent is to pass H2999 as a foot-in-the-door which will enable him to pass his other bill, an even more restrictive title bill. And then the practice act that we've previously defeated will be right behind.
Together, you and I have blocked all their previous efforts -- you with your individual letters and phone calls, and me/IDPC by coordinating an opposition effort with other trade associations. The lame duck session ends at the end of the year, and we need to stop their last desperate effort.
I know, you really don't want to think about this during the holiday season. You know what? Neither do I. I fight legislation in all 50 states, and I was hoping for a break, too. But ASID is counting on OUR APATHY to pass this bill under the radar while we are preoccupied with more pleasant pastimes.
Here's what you should know: we have received intel from inside the Massachusetts legislature instructing us to once again send letters to obstruct their efforts. Apparently our previous letters greatly outnumbered those of ASID/MIDC and we need to counter their latest effort. As you may recall, this bill has already passed the Senate and the House and can move at any time from Senate President Therese Murray's desk to the Governor's desk. We need just ONE legislator to object to it to stop it. The more controversial we make it, the higher our chances to kill it for good!
So please make this last effort to stop the monopolization of the interior design industry in Massachusetts. I've copied my previous newsletters below, to re-familiarize you with this bill's progression. Here's what I need you to do now:
- Contact Senate President Therese Murray by email, phone or fax ASAP.
- Contact as many of the other Senators on the link below as you can -- particularly if you are a constituent.
 Send me an email at pmorrow@IDPCinfo.org telling me you've taken action or send me a copy of your letter/email. Once I know that many of you are making contact, I won't have to send follow up reminders and we can both enjoy the holidays. Consider it your gift to me. :)
Contact info for Senator President Therese Murray and other Senators available here.
Sample letter available here. Please try to add some personalization where appropriate.
Happy holidays from IDPC!
Interior Design Protection Council
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Protect your future rights! 9/28/10
After the outpouring of opposition from the design community, H2999, the bidding bill which as amended (see newsflash below) would have only allowed NCIDQ-certified individuals to bid on state contracts, stalled and was not passed on to the Governor for signature. Your letters and phone calls made that happen!
However, we have just learned that Rep. Kafka, the sponsor of this bill and the title act bill (H262), in an effort to revive H2999, has amended it once again, this time to slightly increase those who would be able to bid to possibly include those who may have other "national certifications," although they are not spelled out in the bill.
Make no mistake, this amendment is still totally unacceptable:
- The majority of the design community do not have acceptable certification and would be restricted from bidding, even though they have the expertise, experience and/or education to meet the specifications for the project.
- It ties the hands of the bidding authority by interfering with their ability to hire the best qualified design person/team for their project.
 This is nothing more than another smoke-and-mirrors tactic to restrict the ability to bid on state contracts to just a small handful of the design community.
ACTION NEEDED IMMEDIATELY
The Senate could take this bill up at any time. If they are informed that the design community DOES NOT WANT THIS BILL PASSED, they will not move it to the Governor's desk. We need your help today:
- Call, fax, and/or email your own Senator and ask him/her to assist you in stopping this bill. With elections just around the corner, incumbents are very interested in retaining the votes of their constituents. Your voice will count and your actions will have an impact on defeating this bill.
Find who your Senator is here.
Sample letter available here.
Guide for calling available here.
H2999 and both of Rep. Kafka's amendments here.
- Contact key members of the Senate and ask them to stop H2999. You can send one email with all the Senators in the "To" box, but if you have time to call, that would also be good.
Therese.Murray@state.ma.us; Harriette.Chandler@state.ma.us; Jennifer.Flanagan@state.ma.us; Robert.Hedlund@state.ma.us; Joan.Menard@state.ma.us; Stan.Rosenberg@state.ma.us; Karen.E.Spilka@state.ma.us;
Sample letter available here.
Rep. Kafka's aid confirmed to me last month that they intend to pass the bidding bill to get their foot in the door for H 262 - the title bill. And of course, the practice act -- which is what they really want -- won't be far behind.
Don't delay! Take a few minutes and get this done NOW. Your future rights could depend on it.
Sincerely,
Executive Director
Interior Design Protection Council
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H 2999 will impact your future! Sent 8/4/10
This "bidding bill" has passed all House Committees and and the full House floor, and has now been referred to the Senate Committee on Ways and Means.
Originally, H2999 was written to allow ALL interior designers to bid on state contracts. While that may seem like a great idea, the truth is that designers were already permitted to bid on state contracts, and we believed it was just a Trojan horse to facilitate the Title Bill, H262. IDPC and NKBA met with Chairman Walsh last November, and as predicted, the Massachusetts Interior Design Coalition had indeed lobbied him to amend the bill so that only "Certified" interior designers could bid on state projects. We explained to Chairman Walsh that MA does not state-certify designers and that this was their way of getting their foot in the door. He absolutely understood the negative consequence The NCIDQ amendment would have on the design community and rejected the amendment. Victory for the good guys, again!
Since that version of the bill would not hurt IDPC or NKBA members, we jointly decided not to oppose it and save our gunpowder for the Title bill. The bidding bill, H2999 then passed out of Chairman Walsh's and two more committees with the language that all interior designers could bid on state contracts.
Incredibly, we just heard that H2999 was amended on the House Floor by the sponsor, Representative Kafka, just before the vote, and he was able to ram it through the full House.
The amendment now stipulates that
ONLY NCIDQ CERTIFIED designers
will be able to bid on state contracts!!!
Rep. Kafta is also the sponsor of H262, the Title Act which is still pending in the House. The sneaky, underhanded tactic to pass H2999 was employed to strengthen his efforts to pass his more restrictive title act. By limiting the bidding bill to only the handful of interior designers who have passed the NCIDQ exam (which is the exact same requirement that would be necessary to become "certified" under his H262), he has increased the likelihood that the title law will be passed - AND... he can now claim that the title law is necessary since the bidding law requires that an NCIDQ designer be used! This argument was emphatically rejected by the Joint Committee, but Representative Kafka paid them no heed.
This type of dishonest, under-the-radar approach is exactly why our county does not trust politicians and have the lowest opinion rate ever in our country's history.
We need to send a strong message to the Senate Committee on Ways and Means and Senate President Murray that
- We will NOT tolerate this behavior from our elected officials,
- Passage of H2999 (and ultimately H262 262) will harm the ability of many honest, hard working Massachusetts citizens who are already struggling to to earn a living
- H2999 will tie the hands of the bidding officials to hire the most qualified designer that meets their specifications.
H2999 (Bidding Bill) available HERE
H262 (Title Bill) available HERE
Senate Ways & Means Committee Contact info available HERE
Senate President Therese Murray contact info available HERE
Sample letter available HERE
Telephone talking points available HERE.,
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NEWS ALERT!
Hearing Set for May 19th 2009
HB 262 - a title act to certify interior designers, promoted by the Massachusetts Interior Design Coalition (MIDC)and sponsored by Rep. Louis Kafka, has been scheduled for hearing next Tuesday, May 19th at 10:00 a.m. in Room B-1 at the State House in Boston.
HB 262 is:
- ANTI-COMPETITIVE. This bill will ONLY benefit a very small minority of interior designers who will be able to market themselves as "State Certified" and unless you have passed the NCIDQ exam, YOU WILL NOT. If you do not have an approved formal college degree, and have not worked for 2 to 4 years under another licensed designer (a.k.a "indentured servitude), you are not even eligible to sit for the NCIDQ.
- IMMATERIAL. The only legitimate reason to impose regulation on an entire profession is to protect the health, safety and welfare of the public. Not a shred of evidence has ever been presented which would warrant a conclusion that the unregulated practice of interior design places the public in any form of jeopardy.
- INCONSISTENT. Another bill, HB 2999 has also been introduced by Rep. Kafka which appears to allow ALL interior designers to bid on state projects (we're still checking that one out). However, in direct contrast, this bill -- HB 262 -- includes language to amend the bidding law so that only interior designers that "hold a valid certificate indicating that they are a Certified Interior Designer" would be able to bid on state projects. Why would Rep. Kafka introduce two different amendments to the same existing law (Chapter 7 Public Building Construction)? At best, this is sloppy legislation writing. At worst (and we believe this to be the case), this is a classic example of the duplicity and the under-the-radar efforts that unfortunately are a hallmark of the pro-regulation camp.
- ANTI-CONSUMER. This bill would give consumers a false sense of security that "registered" designers are offering addition protection beyond the measures already in place, which is untrue. Instead, the effect on consumers will be to artificially inflate prices. The Federal Trade Commission has recommend against regulation of interior designers.
- UNNECESSARY. This is an exercise in wasting taxpayer money, government time and state resources. The bill serves absolutely no public purpose, and merely duplicates what is already available through private organizations.
- INCREMENTAL. It has been well-documented that seemingly innocuous title acts are used by proponents to get a foot in the door, only to come back in a few years and attempt to expand the law into a full blown practice law that would put you out of business. MIDC has tried repeatedly to pass practice act legislation and failed, so they are trying this alternative approach.
In today's difficult economic climate, state government should enact no new laws which would make it more difficult for Massachusetts entrepreneurs to earn an honest living unless there is compelling statistical and/or empirical evidence that the public is placed in jeopardy without such regulation. Clearly, there is absolutely no such evidence.
TAKE ACTION!
1. NOW:
Time is of the essence!
HB 262 is scheduled for hearing before the Joint Committee on Consumer Protection and Professional Licensure next week. Your immediate action is needed, so please take a few minutes to call or write to the Committee members today.
Click here for Committee contact information
Click here to read HB 262 - Certification of Interior Designers
Click here to read HB 2999 - Recognizing interior designers to bid on state contracts
It is best to write your own letter, but if you need help, you can use the bullet points above, or you may cut-and-paste the sample letter below, all or in part. Faxing is preferred, if possible, because it gives legislators a visual "stack" of opposition letters.
If possible, do all three: FAX, EMAIL AND CALL each member of the Committee
WHAT ABOUT FAMILY, FRIENDS AND CLIENTS?
Yes! Please have them write to the committe. Click here for a sample letter for clients which can also be adapted for other consumers.
NEW HAMPSHIRE, RHODE ISLAND VERMONT, CONNECTICUT and NEW YORK DESIGNERS:
If you practice in Massachusetts [or would like to in the future], please also take a few minutes to write to the Committee and express your opposition to HB 262.
2. NEXT WEEK:
Attend the hearing! A large turnout of opposition is crucial to defeat this bill! Please contact pmorrow@IDPCinfo.org if you plan to attend so that we can present IDPC supporters as a large, organized group.
May 19th
10:00 a.m.
Room B-1
State House, Boston (Beacon Street at Park Street)
DON'T THINK THAT OTHERS WILL DO THIS FOR YOU!
YOUR COMPLACENCY NOW WILL DESTROY YOUR COMPETITIVENESS LATER.
YOUR FUTURE IS IN YOUR HANDS.