HB0159b -1- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0745\S CS FOR HOUSE BILL NO. 159(L&C) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THE HOUSE LABOR AND COMMERCE COMMITTEE Offered: 2/2/24 Referred: Finance Sponsor(s): HOUSE LABOR AND COMMERCE COMMITTEE A BILL FOR AN ACT ENTITLED "An Act relating to registered interior designers and interior design; establishing 1 requirements for the practice of registered interior design; relating to the State Board of 2 Registration for Architects, Engineers, and Land Surveyors; relating to liens for labor 3 or materials furnished; relating to the procurement of interior design services; and 4 providing for an effective date." 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6 * Section 1. AS 08.48.011(b) is amended to read: 7 (b) The board consists of 13 [11] members appointed by the governor having 8 the qualifications as set out in AS 08.48.031. The board consists of two civil 9 engineers, two land surveyors, one mining engineer, one electrical engineer, one [OR] 10 mechanical engineer, one engineer from another branch of the profession of 11 engineering, two architects, one landscape architect, one interior designer, and one 12 public member. 13 33-LS0745\S CSHB 159(L&C) -2- HB0159b New Text Underlined [DELETED TEXT BRACKETED] * Sec. 2. AS 08.48.011(b), as amended by sec. 1 of this Act, is amended to read: 1 (b) The board consists of 13 members appointed by the governor having the 2 qualifications as set out in AS 08.48.031. The board consists of two civil engineers, 3 two land surveyors, one mining engineer, one electrical engineer, one mechanical 4 engineer, one engineer from another branch of the profession of engineering, two 5 architects, one landscape architect, one registered interior designer, and one public 6 member. 7 * Sec. 3. AS 08.48.071(f) is amended to read: 8 (f) The department shall assemble statistics relating to the performance of its 9 staff and the performance of the board, including 10 (1) the number of architects, engineers, land surveyors, registered 11 interior designers, and landscape architects registered over a five-year period; 12 (2) the rate of passage of examinations required by the board; 13 (3) the number of applicants for registration over a five-year period; 14 (4) an account of registration fees collected under AS 08.01.065; 15 (5) a measure of the correspondence workload of staff. 16 * Sec. 4. AS 08.48.111 is amended to read: 17 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 18 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 19 corporation, limited liability company, limited liability partnership, or limited 20 partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) 21 gross negligence, incompetence, or misconduct in the practice of architecture, 22 engineering, land surveying, registered interior design, or landscape architecture; or 23 (3) a violation of this chapter, a regulation adopted under this chapter, or the code of 24 ethics or professional conduct as adopted by the board. The code of ethics or 25 professional conduct shall be distributed in writing to every registrant and applicant 26 for registration under this chapter. This publication and distribution of the code of 27 ethics or professional conduct constitutes due notice to all registrants. The board may 28 revise and amend its code and, upon doing so, shall immediately notify each registrant 29 in writing of the revisions or amendments. The board may, upon petition of the 30 registrant, corporation, limited liability company, limited liability partnership, or 31 33-LS0745\S HB0159b -3- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] limited partnership, reissue a certificate if a majority of the members of the board vote 1 in favor of the reissuance. 2 * Sec. 5. AS 08.48.171 is amended to read: 3 Sec. 08.48.171. General requirements and qualifications for registration. 4 An applicant for registration as an architect, engineer, land surveyor, registered 5 interior designer, or landscape architect must be of good character and reputation and 6 shall submit evidence satisfactory to the board of the applicant's education, training, 7 and experience. 8 * Sec. 6. AS 08.48.181 is amended to read: 9 Sec. 08.48.181. Registration upon examination. Except as provided in 10 AS 08.48.191, for registration as a professional architect, professional engineer, 11 professional land surveyor, [OR] professional landscape architect, or registered 12 interior designer, a person shall be examined in this state in accordance with the 13 regulations of procedure and standards adopted by the board under AS 44.62 14 (Administrative Procedure Act). The procedure and standards shall at least meet the 15 requirements adopted by recognized national examining councils for these 16 professions. 17 * Sec. 7. AS 08.48.191 is amended by adding a new subsection to read: 18 (e) A person holding a certificate of registration authorizing the person to 19 practice registered interior design in a state, territory, or possession of the United 20 States, the District of Columbia, or a foreign country may, upon application, be 21 registered in accordance with regulations of the board if the person's certificate was 22 issued under requirements comparable to the requirements in this state. 23 * Sec. 8. AS 08.48.201(a) is amended to read: 24 (a) Application for registration as a professional architect, a professional 25 engineer, a professional land surveyor, a registered interior designer, or a 26 professional landscape architect shall be submitted in the manner prescribed by the 27 board. 28 * Sec. 9. AS 08.48.211(b) is amended to read: 29 (b) The certificate of registration is prima facie evidence that the person 30 named in it is entitled to all rights and privileges of a professional architect, 31 33-LS0745\S CSHB 159(L&C) -4- HB0159b New Text Underlined [DELETED TEXT BRACKETED] professional engineer, professional land surveyor, registered interior designer, or 1 professional landscape architect while the certificate remains unrevoked or unexpired. 2 * Sec. 10. AS 08.48.215(a) is amended to read: 3 (a) On retiring from practice and payment of an appropriate one-time fee, a 4 registrant in good standing with the board may apply for the conversion of a certificate 5 of registration to a retired status registration. The registrant may not practice 6 architecture, engineering, land surveying, registered interior design, or landscape 7 architecture in the state. A retired status registration is valid for the life of the 8 registration holder and does not require renewal. 9 * Sec. 11. AS 08.48.221(a) is amended to read: 10 (a) Each registrant may obtain a seal of the design authorized by the board, 11 bearing the registrant's name, registration number, and the appropriate legend for 12 architect, engineer, land surveyor, registered interior designer, or landscape 13 architect. When a registrant issues final drawings, specifications, surveys, plats, plates, 14 reports, or similar documents, the registrant shall stamp the documents with the seal 15 and sign the seal. The board shall adopt regulations governing the use of seals by the 16 registrant. An architect, engineer, land surveyor, registered interior designer, or 17 landscape architect may not affix or permit a seal and signature to be affixed to an 18 instrument after the expiration of a certificate or for the purpose of aiding or abetting 19 another person to evade or attempt to evade a provision of this chapter. The registrant, 20 by sealing and signing the document, certifies that the document was prepared by or 21 under the registrant's responsible charge and is within the registrant's field of practice 22 or is design work of minor importance. 23 * Sec. 12. AS 08.48.241(a) is amended to read: 24 (a) This chapter does not prevent a corporation, limited liability company, 25 limited liability partnership, or limited partnership from offering architectural, 26 engineering, land surveying, registered interior design, or landscape architectural 27 services; however, the corporation, limited liability company, limited liability 28 partnership, or limited partnership shall file with the board 29 (1) an application for a certificate of authorization on a form to be 30 prescribed by the board and containing information required to enable the board to 31 33-LS0745\S HB0159b -5- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] determine whether the corporation, limited liability company, limited liability 1 partnership, or limited partnership is qualified in accordance with the provisions of 2 this chapter to offer to practice architecture, engineering, land surveying, registered 3 interior design, or landscape architecture in this state; 4 (2) a certified copy of a resolution of the board of directors of the 5 corporation, the managing members or manager of the limited liability company, the 6 general partners of a limited liability partnership, or the general partners of a limited 7 partnership designating persons holding certificates of registration under this chapter 8 as responsible for the practice of architecture, engineering, land surveying, registered 9 interior design, or landscape architecture by the corporation, limited liability 10 company, limited liability partnership, or limited partnership in this state and 11 providing that full authority to make all final architectural, engineering, land 12 surveying, registered interior design, or landscape architectural decisions on behalf 13 of the corporation, limited liability company, limited liability partnership, or limited 14 partnership with respect to work performed by the corporation, limited liability 15 company, limited liability partnership, or limited partnership in this state is granted by 16 the board of directors of the corporation, the managing members or manager of the 17 limited liability company, the general partners of the limited liability partnership, or 18 the general partners of the limited partnership to the persons designated in the 19 resolution; however, the filing of this resolution does not relieve the corporation, 20 limited liability company, limited liability partnership, or limited partnership of any 21 responsibility or liability imposed on it by law or by contract; 22 (3) a designation in writing setting out the name of one or more 23 persons holding certificates of registration under this chapter who are in responsible 24 charge of each major branch of the architectural, engineering, land surveying, 25 registered interior design, or landscape architectural activities in which the 26 corporation, limited liability company, limited liability partnership, or limited 27 partnership specializes in this state; if a change is made in the person in responsible 28 charge of a major branch of the architectural, engineering, land surveying, registered 29 interior design, or landscape architectural activities, the change shall be designated in 30 writing and filed with the board within 30 days after the effective date of the change. 31 33-LS0745\S CSHB 159(L&C) -6- HB0159b New Text Underlined [DELETED TEXT BRACKETED] * Sec. 13. AS 08.48.241(b) is amended to read: 1 (b) Upon filing with the board the application for certificate of authorization, 2 certified copy of resolution, affidavit, and designation of persons specified in this 3 section, the board shall, subject to (c) of this section, issue to the corporation, limited 4 liability company, limited liability partnership, or limited partnership a certificate of 5 authorization to practice architecture, engineering, land surveying, registered interior 6 design, or landscape architecture in this state upon a determination by the board that 7 (1) the bylaws of the corporation, the articles of organization or 8 operating agreement of the limited liability company, the partnership agreement of the 9 limited liability partnership, or the partnership agreement of the limited partnership 10 contain provisions that all architectural, engineering, land surveying, registered 11 interior design, or landscape architectural decisions pertaining to architectural, 12 engineering, land surveying, registered interior design, or landscape architectural 13 activities in this state will be made by the specified architect, engineer, land surveyor, 14 registered interior designer, or landscape architect in responsible charge, or other 15 registered architects, engineers, land surveyors, registered interior designers, or 16 landscape architects under the direction or supervision of the architect, engineer, land 17 surveyor, registered interior designer, or landscape architect in responsible charge; 18 (2) the application for certificate of authorization states the type of 19 architecture, engineering, land surveying, registered interior design, or landscape 20 architecture practiced or to be practiced by the corporation, limited liability company, 21 limited liability partnership, or limited partnership; 22 (3) the applicant corporation, limited liability company, limited 23 liability partnership, or limited partnership has the ability to provide architectural, 24 engineering, land surveying, registered interior design, or landscape architectural 25 services; 26 (4) the application for certificate of authorization states the 27 professional records of the designated person who is in responsible charge of each 28 major branch of architectural, engineering, land surveying, registered interior design, 29 or landscape architectural activities in which the corporation, limited liability 30 company, limited liability partnership, or limited partnership specializes; 31 33-LS0745\S HB0159b -7- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] (5) the application for certificate of authorization states the experience, 1 if any, of the corporation, limited liability company, limited liability partnership, or 2 limited partnership in furnishing architectural, engineering, land surveying, registered 3 interior design, or landscape architectural services during the preceding five-year 4 period; 5 (6) the applicant corporation, limited liability company, limited 6 liability partnership, or limited partnership meets other requirements related to 7 professional competence in the furnishing of architectural, engineering, land 8 surveying, registered interior design, or landscape architectural services as may be 9 adopted by the board in furtherance of the objectives and provisions of this chapter. 10 * Sec. 14. AS 08.48.241(d) is amended to read: 11 (d) The certificate of authorization must specify the major branches of 12 architecture, engineering, land surveying, registered interior design, or landscape 13 architecture of which the corporation, limited liability company, limited liability 14 partnership, or limited partnership has designated a person in responsible charge as 15 provided in this section. The certificate of authorization shall be conspicuously 16 displayed in the place of business of the corporation, limited liability company, limited 17 liability partnership, or limited partnership, together with the names of persons 18 designated as being in responsible charge of the professional activities. 19 * Sec. 15. AS 08.48.241(e) is amended to read: 20 (e) If a corporation, limited liability company, limited liability partnership, or 21 limited partnership that is organized solely by either a group of architects, a group of 22 engineers, a group of land surveyors, a group of registered interior designers, or a 23 group of landscape architects, each holding a certificate of registration under this 24 chapter, applies for a certificate of authorization, the board may, in its discretion, grant 25 a certificate of authorization to the corporation, limited liability company, limited 26 liability partnership, or limited partnership based on a review of the professional 27 records of the incorporators of the corporation, organizers of the limited liability 28 company, partners who formed the limited liability partnership, or partners who 29 formed the limited partnership in place of the required qualifications set out in this 30 section. If the ownership of the corporation is altered, the membership of the limited 31 33-LS0745\S CSHB 159(L&C) -8- HB0159b New Text Underlined [DELETED TEXT BRACKETED] liability company is altered, the partners of the limited liability partnership change, or 1 the general partners of the limited partnership change, the corporation, limited liability 2 company, limited liability partnership, or limited partnership shall apply for a revised 3 certificate of authorization, based on the professional records of the owners of the 4 corporation, the members of the limited liability company, the partners of the limited 5 liability partnership, or the general partners of the limited partnership, if exclusively 6 architects, engineers, land surveyors, registered interior designers, or landscape 7 architects, or otherwise under the qualifications required by (b)(1) - (4) of this section. 8 * Sec. 16. AS 08.48.241(f) is amended to read: 9 (f) A corporation, limited liability company, limited liability partnership, or 10 limited partnership authorized to offer architectural, engineering, land surveying, 11 registered interior design, or landscape architectural services under this chapter, 12 together with its directors, officers, managing members, manager, and partners for 13 their own individual acts, is responsible to the same degree as the designated 14 individual registrant, and shall conduct its business without misconduct or malpractice 15 in the practice of architecture, engineering, land surveying, registered interior 16 design, or landscape architecture as defined in this chapter. 17 * Sec. 17. AS 08.48.251 is amended to read: 18 Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 19 practice of architecture, engineering, land surveying, registered interior design, or 20 landscape architecture by a partnership if all of the members of the partnership are 21 registrants under this chapter. In this section, "partnership" does not include a limited 22 liability partnership or a limited partnership. 23 * Sec. 18. AS 08.48.281(a) is amended to read: 24 (a) A person may not practice or offer to practice the profession of 25 architecture, engineering, land surveying, registered interior design, or landscape 26 architecture in the state, or use in connection with the person's name or otherwise 27 assume or advertise a title or description tending to convey the impression that the 28 person is an architect, an engineer, a land surveyor, registered interior designer, or a 29 landscape architect, unless the person has been registered under the provisions of this 30 chapter or, in the case of a corporation, limited liability company, limited liability 31 33-LS0745\S HB0159b -9- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] partnership, or limited partnership, unless it has been authorized under this chapter. 1 * Sec. 19. AS 08.48.281 is amended by adding a new subsection to read: 2 (c) Notwithstanding (a) of this section, this chapter does not prohibit the 3 practice of registered interior design by a person who is not registered to practice 4 registered interior design if the services are being performed by a person acting within 5 the scope of practice authorized by another license that is held by the person. 6 * Sec. 20. AS 08.48.291 is amended to read: 7 Sec. 08.48.291. Violations and penalties. A person who practices or offers to 8 practice architecture, engineering, land surveying, registered interior design, or 9 landscape architecture in the state without being registered or authorized to practice in 10 accordance with the provisions of this chapter, or a person presenting or attempting to 11 use the certificate or the seal of another, or a person who gives false or forged 12 evidence of any kind to the board or to a member of the board in obtaining or 13 attempting to obtain a certificate, or a person who impersonates a registrant, or a 14 person who uses or attempts to use an expired or revoked or nonexistent certificate, 15 knowing of the certificate's status, or a person who falsely claims to be registered and 16 authorized to practice under this chapter, or a person who violates any of the 17 provisions of this chapter, is guilty of a misdemeanor and upon conviction is 18 punishable by a fine of not more than $10,000, or by imprisonment for not more than 19 one year, or by both. 20 * Sec. 21. AS 08.48.295(a) is amended to read: 21 (a) In addition to any other provision of law, if a person practices or offers to 22 practice architecture, engineering, registered interior design, or land surveying in the 23 state without being registered or authorized to practice in accordance with the 24 provisions of this chapter, the board may enter an order levying a civil penalty. 25 * Sec. 22. AS 08.48.311 is amended to read: 26 Sec. 08.48.311. Rights not transferable. The right to engage in the practice of 27 architecture, engineering, land surveying, registered interior design, or landscape 28 architecture is considered a personal and individual right, based on the qualifications 29 of the individual as evidenced by the individual's certificate of registration, which is 30 not transferable. 31 33-LS0745\S CSHB 159(L&C) -10- HB0159b New Text Underlined [DELETED TEXT BRACKETED] * Sec. 23. AS 08.48.321 is amended to read: 1 Sec. 08.48.321. Evidence of practice. A person practices or offers to practice 2 architecture, engineering, land surveying, registered interior design, or landscape 3 architecture if the person [WHO] 4 (1) practices a branch of the profession of architecture, engineering, 5 land surveying, registered interior design, or landscape architecture [AS DEFINED 6 IN AS 08.48.341]; 7 (2) by verbal claim, sign, advertisement, letterhead, card, or other 8 means represents to be an architect, engineer, land surveyor, registered interior 9 designer, or landscape architect, or through the use of some other title implies that the 10 person is an architect, engineer, land surveyor, registered interior designer, or 11 landscape architect; or 12 (3) holds out as able to perform or [WHO] does perform an 13 architectural, engineering, land surveying, registered interior design, or landscape 14 architectural service recognized by the professions covered by this chapter, and 15 specified in regulations of the board, as an architectural, engineering, land surveying, 16 registered interior design, or landscape architectural service. 17 * Sec. 24. AS 08.48.331(a) is amended to read: 18 (a) This chapter does not apply to 19 (1) a contractor performing work designed by a professional architect, 20 engineer, registered interior designer, or landscape architect or the supervision of the 21 construction of the work as a supervisor or superintendent for a contractor; 22 (2) workers in building trades crafts, earthwork, grounds keeping, or 23 nursery operations, and superintendents, supervisors, or inspectors in the performance 24 of their customary duties; 25 (3) an officer or employee of the United States government practicing 26 architecture, engineering, land surveying, registered interior design, or landscape 27 architecture as required by the person's official capacity; 28 (4) an employee or a subordinate of a registrant if the work or service 29 is done under the direct supervision of a registrant; 30 (5) associates, consultants, or specialists retained by a registrant, a 31 33-LS0745\S HB0159b -11- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] partnership of registered individuals, a corporation, a limited liability company, a 1 limited liability partnership, or a limited partnership authorized to practice 2 architecture, engineering, land surveying, registered interior design, or landscape 3 architecture under this chapter, in the performance of professional services if 4 responsible charge of the work remains with the registrant, the partnership, or a 5 designated representative of the corporation, limited liability company, limited 6 liability partnership, or limited partnership; 7 (6) a person preparing drawings or specifications for 8 (A) a building for the person's own use and occupancy as a 9 single family residence and related site work for that building; 10 (B) farm or ranch buildings and their grounds unless the public 11 health, safety, or welfare is involved; 12 (C) a building that is intended to be used only as a residence by 13 not more than 14 (i) four families and that is not more than two stories 15 high and the grounds of the building; or 16 (ii) two families and that is not more than three stories 17 high and the grounds of the building, if the building is located in a 18 municipality that has adopted a building or residential code that applies 19 to the building and if the building complies with the building or 20 residential code; 21 (D) a garage, workshop, or similar building that contains less 22 than 2,000 square feet of floor space to be used for a private noncommercial 23 purpose and the grounds of the building; 24 (7) a specialty contractor licensed under AS 08.18 while engaged in 25 the business of construction contracting for work designed by an architect, engineer, 26 registered interior designer, or landscape architect that is within the specialty to be 27 performed or supervised by the specialty contractor, or a contractor preparing shop or 28 field drawings for work that the specialty contractor has contracted to perform; 29 (8) a person furnishing drawings, specifications, instruments of 30 service, or other data for alterations, construction, or repairs to a building or its 31 33-LS0745\S CSHB 159(L&C) -12- HB0159b New Text Underlined [DELETED TEXT BRACKETED] grounds that do not change or affect the structural system or the safety of the building, 1 or that do not affect the public health, safety, or welfare; 2 (9) a person who is employed by a postsecondary educational 3 institution to teach engineering, architectural, interior design, or landscape 4 architectural courses; in this paragraph, "postsecondary educational institution" has the 5 meaning given in AS 14.48.210; 6 (10) an officer or employee of an individual, firm, partnership, 7 association, utility, corporation, limited liability company, limited liability partnership, 8 or limited partnership, who practices engineering, architecture, land surveying, 9 registered interior design, or landscape architecture involved in the operation of the 10 employer's business only, and further if neither the employee nor the employer offers 11 engineering, architecture, land surveying, registered interior design, or landscape 12 architecture services to the public; exclusions under this paragraph do not apply to 13 buildings or structures whose primary use is public occupancy; 14 (11) a person while involved in revegetation, restoration, reclamation, 15 rehabilitation, or erosion control for disturbed land that the board determines does not 16 affect the public health, safety, or welfare; 17 (12) a person while maintaining or directing the placement of plant 18 material that the board determines does not affect the public health, safety, or welfare; 19 (13) an employee, officer, or agent of a regulatory agency of the state 20 or a municipality when reviewing drawings and specifications for compliance with the 21 building codes of the state or a municipality if the drawings and specifications have 22 been sealed and signed by an architect, engineer, land surveyor, registered interior 23 designer, or landscape architect or the preparation of the drawings and specifications 24 is exempt under this section from the requirements of this chapter; in this paragraph, 25 "building codes" includes codes relating to building, mechanical, plumbing, electrical, 26 fire safety standards, and zoning; 27 (14) a person who is designing fire protection systems and is 28 authorized by the Department of Public Safety to design fire protection systems; 29 (15) a person providing services limited to the planning, design, 30 and implementation of a kitchen or bath or the specification of products for a 31 33-LS0745\S HB0159b -13- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] kitchen or bath, if the space or area is in a building described in (6) of this 1 subsection. 2 * Sec. 25. AS 08.48.331 is amended by adding a new subsection to read: 3 (c) The requirement to be registered as an interior designer under this chapter 4 only applies to a person who practices an aspect of interior design that the board has 5 determined affects the public health, safety, or welfare. 6 * Sec. 26. AS 08.48.341(4) is amended to read: 7 (4) "certificate of authorization" means a certificate issued by the 8 board authorizing a corporation, a limited liability company, a limited liability 9 partnership, or a limited partnership to provide professional services in architecture, 10 engineering, land surveying, registered interior design, or landscape architecture 11 through individuals legally registered by the board; 12 * Sec. 27. AS 08.48.341(23) is amended to read: 13 (23) "registrant" means a person registered by the board as a 14 professional architect, engineer, land surveyor, registered interior designer, or 15 landscape architect; 16 * Sec. 28. AS 08.48.341 is amended by adding new paragraphs to read: 17 (27) "practice of registered interior design" means 18 (A) professional service or creative work in the design of 19 interior spaces; 20 (B) teaching of advanced interior design courses in an 21 institution of higher learning; 22 (C) providing consultation, investigation, evaluation, planning, 23 or design for, or professional observation of, construction of the interior spaces 24 of public or private buildings; and 25 (D) review of drawings and specifications made by regulatory 26 agencies based on interior design principles; 27 (28) "registered interior designer" means a person registered as a 28 registered interior designer by the board. 29 * Sec. 29. AS 23.30.017(c)(1) is amended to read: 30 (1) "design professional" means a person registered under AS 08.48 as 31 33-LS0745\S CSHB 159(L&C) -14- HB0159b New Text Underlined [DELETED TEXT BRACKETED] an architect, engineer, [OR] land surveyor, registered interior designer, or 1 landscape architect; 2 * Sec. 30. AS 34.35.050 is amended to read: 3 Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 4 only to the extent provided under this chapter, to secure the payment of the contract 5 price if the person 6 (1) performs labor on [UPON] real property at the request of the owner 7 or the agent of the owner for the construction, alteration, or repair of a building or 8 improvement; 9 (2) is a trustee of an employee benefit trust for the benefit of 10 individuals performing labor on the building or improvement and has a direct contract 11 with the owner or the agent of the owner for direct payments into the trust; 12 (3) furnishes materials that are delivered to real property under a 13 contract with the owner or the agent of the owner that are incorporated in the 14 construction, alteration, or repair of a building or improvement; 15 (4) furnishes equipment that is delivered to and used on [UPON] real 16 property under a contract with the owner or the agent of the owner for the 17 construction, alteration, or repair of a building or improvement; 18 (5) performs services under a contract with the owner or the agent of 19 the owner in connection with the preparation of plans, surveys, or architectural, [OR] 20 engineering, or registered interior design plans or drawings for the construction, 21 alteration, or repair of a building or improvement, whether or not actually 22 implemented on that property; or 23 (6) is a general contractor. 24 * Sec. 31. AS 35.15.010(c) is amended to read: 25 (c) In this section, "professional services" means architectural, engineering, 26 [OR] land surveying, or registered interior design services. 27 * Sec. 32. AS 36.30.270(a) is amended to read: 28 (a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a 29 procurement officer shall negotiate a contract for an agency with the most qualified 30 and suitable firm or person of demonstrated competence for architectural, engineering, 31 33-LS0745\S HB0159b -15- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] [OR] land surveying, or registered interior design services. The procurement officer 1 shall award a contract for those services at fair and reasonable compensation as 2 determined by the procurement officer, after consideration of the estimated value of 3 the services to be rendered, and the scope, complexity, and professional nature of the 4 services. When determining the most qualified and suitable firm or person, the 5 procurement officer shall consider the 6 (1) proximity to the project site of the office of the firm or person 7 unless federal law prohibits this factor from being considered in the awarding of the 8 contract; and 9 (2) employment practices of the firm or person with regard to women 10 and minorities. 11 * Sec. 33. AS 36.30.270(d) is amended to read: 12 (d) Notwithstanding the other provisions of this section, a procurement officer 13 may include price as an added factor in selecting architectural, engineering, [AND] 14 land surveying, and registered interior design services when, in the judgment of the 15 procurement officer, the services required are repetitious in nature, and the scope, 16 nature, and amount of services required are thoroughly defined by measurable and 17 objective standards to reasonably enable firms or persons making proposals to 18 compete with a clear understanding and interpretation of the services required. In 19 order to include price as a factor in selection, a majority of the persons involved by the 20 procurement officer in evaluation of the proposals must be registered in the state to 21 perform architectural, engineering, [OR] land surveying, or registered interior 22 design services. 23 * Sec. 34. AS 36.90.100 is amended to read: 24 Sec. 36.90.100. Contracts for architectural, engineering, land surveying, 25 registered interior design, or landscape architectural services. The state or a 26 municipality may not award a contract for architectural, engineering, land surveying, 27 registered interior design, or landscape architectural services to 28 (1) an individual who is not registered under AS 08.48 to perform the 29 architectural, engineering, land surveying, registered interior design, or landscape 30 architectural services required by the contract; 31 33-LS0745\S CSHB 159(L&C) -16- HB0159b New Text Underlined [DELETED TEXT BRACKETED] (2) a partnership, except as provided by (3) of this section, that is not 1 qualified under AS 08.48.251 to provide the architectural, engineering, land surveying, 2 registered interior design, or landscape architectural services required by the 3 contract; or 4 (3) a corporation, limited liability company, or limited liability 5 partnership that is not authorized under AS 08.48.241 to offer the architectural, 6 engineering, land surveying, registered interior design, or landscape architectural 7 services required by the contract. 8 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 9 read: 10 TRANSITION: CURRENT INTERIOR DESIGNERS. Notwithstanding this Act, a 11 person working as an interior designer before the effective date of secs. 2 - 34 of this Act may 12 continue to practice interior design in the state without registration or authorization as a 13 registered interior designer under AS 08.48 until July 1, 2025. 14 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION: BOARD APPOINTMENT. An interior designer appointed to the 17 State Board of Registration for Architects, Engineers, and Land Surveyors under 18 AS 08.48.011(b), as amended by sec. 1 of this Act, must be certified by the Council for 19 Interior Design Qualification and have resided in the state for at least three years immediately 20 preceding appointment. On and after the effective date of sec. 2 of this Act, an interior 21 designer appointed to the board under AS 08.48.011(b), as amended by sec. 1 of this Act, may 22 continue to occupy the seat on the board reserved for the registered interior designer until a 23 registered interior designer is appointed to the seat. An interior designer appointed to the 24 board under AS 08.48.011(b), as amended by sec. 1 of this Act, is eligible for reappointment 25 to the board upon the effective date of sec. 2 of this Act if the interior designer meets the 26 requirements of AS 08.48.011(b), as amended by sec. 2 of this Act. 27 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITION: REGULATIONS. The State Board of Registration for Architects, 30 Engineers, and Land Surveyors may adopt regulations necessary to implement this Act. The 31 33-LS0745\S HB0159b -17- CSHB 159(L&C) New Text Underlined [DELETED TEXT BRACKETED] regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 1 effective date of the law implemented by the regulation. 2 * Sec. 38. Sections 1, 36, and 37 of this Act take effect immediately under AS 01.10.070(c). 3 * Sec. 39. Except as provided in sec. 38 of this Act, this Act takes effect July 1, 2024. 4