Alaska 2023-2024 Regular Session

Alaska Senate Bill SB126 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled SB 126
2		-	LAWS OF ALASKA
3	1
4		-	2023
	2	+	SB0126A -1- SB 126
	3	+	New Text Underlined [DELETED TEXT BRACKETED]
5	4
6		-
7		-
8		-	Source Chapter No.
9		-	SB 126 _______
10		-
11		-
12		-
13		-
14		-	AN ACT
15		-
16		-	Relating to the State Board of Registration for Architects, Engineers, and Land Surveyors;
17		-	relating to architects, engineers, land surveyors, and landscape architects; and providing for an
18		-	effective date.
19		-
20		-
21		-	_______________
22		-
23		-
24		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
25		-
26		-
27		-
28		-	THE ACT FOLLOWS ON PAGE 1
29		-	-1- Enrolled SB 126
	5	+	33-LS0367\R
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31	7
32	8
33	9
34	10
	11	+	SENATE BILL NO. 126
	12	+
	13	+	IN THE LEGISLATURE OF THE STATE OF ALASKA
	14	+
	15	+	THIRTY-THIRD LEGISLATURE - FIRST SESSION
	16	+
	17	+	BY THE SENATE LABOR AND COMMERCE COMMITTEE
	18	+
	19	+	Introduced: 4/11/23
	20	+	Referred: Labor and Commerce, Finance
35	21
36	22
	23	+	A BILL
37	24
	25	+	FOR AN ACT ENTITLED
38	26
39		-
40		-
41		-
42		-
43		-
44		-
45		-
46		-
47		-
48		-
49		-
50		-	AN ACT
51		-
52		-
53		-	Relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; 1
54		-	relating to architects, engineers, land surveyors, and landscape architects; and providing for an 2
55		-	effective date. 3
56		-	_______________ 4
	27	+	"An Act relating to the State Board of Registration for Architects, Engineers, and Land 1
	28	+	Surveyors; relating to architects, engineers, land surveyors, and landscape architects; 2
	29	+	and providing for an effective date." 3
	30	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
57	31		* Section 1. AS 08.48.011(c) is amended to read: 5
58	32		(c) Notwithstanding (b) of this section, 6
59	33		(1) if no [A] mining engineer who qualifies for appointment to the
60	34		7
61	35		board [AND] is available to serve [INTERESTED IN SERVING] on the board [IS 8
62	36		NOT AVAILABLE], the governor may appoint a petroleum or chemical engineer to 9
63	37		the seat designated for a mining engineer; 10
64	38		(2) if an electrical engineer occupies the seat designated for an 11
65	39		electrical or mechanical engineer, the governor may appoint a mechanical 12
66	40		engineer to the seat designated for an engineer from another branch of the 13
67		-	profession of engineering; or 14
68		-	Enrolled SB 126 -2-
	41	+	profession of engineering; or 14 33-LS0367\R
	42	+	SB 126 -2- SB0126A
	43	+	New Text Underlined [DELETED TEXT BRACKETED]
	44	+
69	45		(3) if a mechanical engineer occupies the seat designated for an 1
70	46		electrical or mechanical engineer, the governor may appoint an electrical 2
71	47		engineer to the seat designated for an engineer from another branch of the 3
72	48		profession of engineering. 4
73	49		* Sec. 2. AS 08.48.021(c) is amended to read: 5
74	50		(c) For purposes of determining appointments and terms under AS 08.01.035, 6
75	51		notwithstanding the reference in that section relating to eligibility for reappointment 7
76	52		after serving a full or partial term, 8
77	53		(1) a member who has served all of two successive terms on the board 9
78	54		may not be reappointed to the board unless two [FOUR] years have elapsed since the 10
79	55		person last served on the board; and 11
80	56		(2) for purposes of (1) of this subsection, a person who serves for two 12
81	57		years or more of a four-year term is considered to have served a full term. 13
82	58		* Sec. 3. AS 08.48.055(a) is amended to read: 14
83	59		(a) The department, in consultation with the board, shall employ two persons 15
84	60		who are not members of the board. One shall serve as the executive administrator 16
85	61		[SECRETARY] of the board. The other shall serve as investigator for the board. The 17
86	62		executive administrator [SECRETARY] is the principal executive officer of the 18
87	63		board and is in the partially exempt service under AS 39.25.120. 19
88	64		* Sec. 4. AS 08.48.055(b) is amended to read: 20
89	65		(b) The executive administrator [SECRETARY] of the board shall perform 21
90	66		duties as prescribed by the board, including the review and approval of comity 22
91	67		applications. 23
92	68		* Sec. 5. AS 08.48.071(f) is amended to read: 24
93	69		(f) The department shall assemble statistics relating to the performance of its 25
94	70		staff and the performance of the board, including 26
95	71		(1) the number of architects, engineers, land surveyors, and landscape 27
96	72		architects registered over a five-year period; 28
97	73		(2) the rate of passage of examinations required [ADMINISTERED] 29
98	74		by the board; 30
99		-	(3) the number of applicants [PERSONS MAKING APPLICATION] 31
100		-	-3- Enrolled SB 126
	75	+	(3) the number of applicants [PERSONS MAKING APPLICATION] 31 33-LS0367\R
	76	+	SB0126A -3- SB 126
	77	+	New Text Underlined [DELETED TEXT BRACKETED]
	78	+
101	79		for registration [AS A PROFESSIONAL ARCHITECT, ENGINEER, LAND 1
102	80		SURVEYOR, OR LANDSCAPE ARCHITECT] over a five-year period; 2
103	81		(4) an account of registration fees collected under AS 08.01.065; 3
104	82		(5) a measure of the correspondence workload of staff [ANY 4
105	83		LICENSING EXAMINER EMPLOYED BY THE DEPARTMENT TO CARRY 5
106	84		OUT THIS CHAPTER]. 6
107	85		* Sec. 6. AS 08.48.091 is amended to read: 7
108	86		Sec. 08.48.091. Examinations. Examinations shall be held at least once each 8
109	87		year [AT PLACES DETERMINED BY THE BOARD]. A candidate failing a n 9
110	88		examination may apply for reexamination in accordance with regulations adopted by 10
111	89		the board. 11
112	90		* Sec. 7. AS 08.48.101(a) is amended to read: 12
113	91		(a) The board may adopt regulations and provide policy guidance to 13
114	92		accomplish [CARRY OUT] the purpose of this chapter by [, INCLUDING 14
115	93		REGULATIONS] 15
116	94		(1) describing the contents of an examination; 16
117	95		(2) establishing the conduct of an examination; 17
118	96		(3) establishing a minimum score for passing an examination; 18
119	97		(4) establishing bylaws governing its meetings and activities; 19
120	98		(5) publishing a code of ethics or professional conduct for registrants 20
121	99		and entities authorized [THOSE PERSONS REGULATED BY THIS CHAPTER, 21
122	100		INCLUDING CORPORATIONS, LIMITED LIABILITY COMPANIES, AND 22
123	101		LIMITED LIABILITY PARTNERSHIPS] under AS 08.48.241; 23
124	102		(6) establishing continuing education requirements for registrants 24
125	103		[PERSONS REGULATED BY THIS CHAPTER] that must be completed before a 25
126	104		certificate may be renewed; the [CONTINUING EDUCATION] requirements may not 26
127	105		exceed standards established by a national accrediting body or other recognized 27
128	106		professional organization; 28
129	107		(7) establishing the types of work and providing guidance on 29
130	108		design of minor importance and other areas of overlapping jurisdiction among 30
131		-	regulated professions, branches, and disciplines. 31
132		-	Enrolled SB 126 -4-
	109	+	regulated professions, branches, and disciplines. 31 33-LS0367\R
	110	+	SB 126 -4- SB0126A
	111	+	New Text Underlined [DELETED TEXT BRACKETED]
	112	+
133	113		* Sec. 8. AS 08.48.111 is amended to read: 1
134	114		Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 2
135	115		may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 3
136	116		corporation, limited liability company, [OR] limited liability partnership, or limited 4
137	117		partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) 5
138	118		gross negligence, incompetence, or misconduct in the practice of architecture, 6
139	119		engineering, land surveying, or landscape architecture; or (3) a violation of this 7
140	120		chapter, a regulation adopted under this chapter, or the code of ethics or professional 8
141	121		conduct as adopted by the board. The code of ethics or professional conduct shall be 9
142	122		distributed in writing to every registrant and applicant for registration under this 10
143	123		chapter. This publication and distribution of the code of ethics or professional conduct 11
144	124		constitutes due notice to all registrants. The board may revise and amend its code and, 12
145	125		upon doing so, shall immediately notify each registrant in writing of the revisions or 13
146	126		amendments. The board may, upon petition of the registrant, corporation, limited 14
147	127		liability company, [OR] limited liability partnership, or limited partnership, reissue a 15
148	128		certificate if a majority of the members of the board vote in favor of the reissuance. 16
149	129		* Sec. 9. AS 08.48.121 is amended to read: 17
150	130		Sec. 08.48.121. Disciplinary action and procedure. Any person may file with 18
151	131		the investigator [SECRETARY] of the board a charge of fraud, deceit, gross 19
152	132		negligence, incompetence, misconduct, or violation of this chapter, a regulation 20
153	133		adopted under it, or the code of ethics of the board. The charge, constituting an 21
154	134		accusation under AS 44.62 (Administrative Procedure Act), shall be in writing and 22
155	135		sworn to by the person making it. A charge may be dismissed by the board or the 23
156	136		investigator as unfounded or trivial. 24
157	137		* Sec. 10. AS 08.48.171 is amended to read: 25
158	138		Sec. 08.48.171. General requirements and qualifications for registration. 26
159	139		An applicant for registration as an architect, engineer, land surveyor, or landscape 27
160	140		architect must be of good character and reputation and shall submit evidence 28
161	141		satisfactory to the board of the applicant's education, training, and experience. 29
162	142		[HOWEVER, AN APPLICANT FOR REGISTRATION AS A LAND SURVEYOR 30
163		-	MAY NOT BE REQUIRED TO SUBMIT EVIDENCE OF MORE THAN EIGHT 31
164		-	-5- Enrolled SB 126
	143	+	MAY NOT BE REQUIRED TO SUBMIT EVIDENCE OF MORE THAN EIGHT 31 33-LS0367\R
	144	+	SB0126A -5- SB 126
	145	+	New Text Underlined [DELETED TEXT BRACKETED]
	146	+
165	147		YEARS OF ANY COMBINATION OF EDUCATION, EXPERIENCE, OR 1
166	148		TRAINING.] 2
167	149		* Sec. 11. AS 08.48.191(a) is amended to read: 3
168	150		(a) A person holding a certificate of registration authorizing the person to 4
169	151		practice architecture in a state, territory, or possession of the United States, the District 5
170	152		of Columbia, or a foreign country, or holding a certificate of qualification issued by 6
171	153		the National Council of Architectural Registration Boards, [THAT, IN THE OPINION 7
172	154		OF THE BOARD, MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED 8
173	155		ON VERIFIED EVIDENCE,] may, upon application, be registered in accordance with 9
174	156		the regulations of the board if the person's certificate was issued under 10
175	157		requirements comparable to the requirements in this state. 11
176	158		* Sec. 12. AS 08.48.191(b) is amended to read: 12
177	159		(b) A person holding a certificate of registration authorizing the person to 13
178	160		practice engineering in a state, territory, or possession of the United States, the District 14
179	161		of Columbia, or a foreign country [, THAT, IN THE OPINION OF THE BOARD 15
180	162		MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED ON VERIFIED 16
181	163		EVIDENCE,] may, upon application, be registered in accordance with regulations of 17
182	164		the board if the person's certificate was issued under requirements comparable to 18
183	165		the requirements in this state. 19
184	166		* Sec. 13. AS 08.48.191(d) is amended to read: 20
185	167		(d) A person holding a certificate of registration authorizing the person to 21
186	168		practice landscape architecture in a state, territory, or possession of the United States, 22
187	169		the District of Columbia, or a foreign country [, THAT IN THE OPINION OF THE 23
188	170		BOARD MEETS THE REQUIREMENTS OF THIS CHAPTER, BASED ON 24
189	171		VERIFIED EVIDENCE,] may upon application [,] be registered under the regulations 25
190	172		of the board if the person's certificate was issued under requirements comparable 26
191	173		to the requirements in this state. A person holding a certificate of qualification 27
192	174		issued by the Council of Landscape Architectural Registration Boards may upon 28
193	175		application be registered under regulations of the board. 29
194	176		* Sec. 14. AS 08.48.201(a) is amended to read: 30
195		-	(a) Application for registration as a professional architect, a professional 31
196		-	Enrolled SB 126 -6-
	177	+	(a) Application for registration as a professional architect, a professional 31 33-LS0367\R
	178	+	SB 126 -6- SB0126A
	179	+	New Text Underlined [DELETED TEXT BRACKETED]
	180	+
197	181		engineer, a professional land surveyor, or a professional landscape architect shall 1
198	182		[(1)] be submitted in the manner [ON A FORM] prescribed [AND 2
199	183		FURNISHED] by the board [; 3
200	184		(2) CONTAIN STATEMENTS MADE UNDER OATH, SHOWING 4
201	185		THE APPLICANT'S EDUCATION AND A DETAILED SUMMARY OF THE 5
202	186		APPLICANT'S TECHNICAL EXPERIENCE; AND 6
203	187		(3) CONTAIN FIVE REFERENCES, THREE OF WHOM MUST BE 7
204	188		ARCHITECTS FOR ARCHITECTURAL REGISTRATION, ENGINEERS FOR 8
205	189		ENGINEERING REGISTRATION, LAND SURVEYORS FOR LAND 9
206	190		SURVEYING REGISTRATION, AND LANDSCAPE ARCHITECTS FOR 10
207	191		LANDSCAPE ARCHITECTURAL REGISTRATION, HAVING PERSONAL 11
208	192		KNOWLEDGE OF THE APPLICANT'S ARCHITECTURAL, ENGINEERING, 12
209	193		LAND SURVEYING, OR LANDSCAPE ARCHITECTURAL EDUCATION, 13
210	194		TRAINING, OR EXPERIENCE]. 14
211	195		* Sec. 15. AS 08.48.211 is amended to read: 15
212	196		Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the 16
213	197		requirements set out by the board shall be awarded a certificate of registration [AS A 17
214	198		PROFESSIONAL ARCHITECT, ENGINEER, LAND SURVEYOR, OR 18
215	199		LANDSCAPE ARCHITECT,] authorizing the holder to offer or perfor m 19
216	200		[ARCHITECTURAL, ENGINEERING, LAND SURVEYING, OR LANDSCAPE 20
217	201		ARCHITECTURAL] services or work for the public, or to certify or sign 21
218	202		[ARCHITECTURAL, ENGINEERING, LAND SURVEYING, OR LANDSCAPE 22
219	203		ARCHITECTURAL] documents. Certificates of registration [ISSUED UNDER THIS 23
220	204		SECTION] shall be designed as [INSCRIBED ON THEIR FACE IN A MANNER] 24
221	205		determined by the board. 25
222	206		(b) The certificate of registration [SEALED BY THE BOARD] is prima facie 26
223	207		evidence that the person named in it is entitled to all rights and privileges of a 27
224	208		professional architect, professional engineer, professional land surveyor, or 28
225	209		professional landscape architect while the certificate remains unrevoked or unexpired. 29
226	210		* Sec. 16. AS 08.48.215(a) is amended to read: 30
227		-	(a) On retiring from practice and payment of an appropriate one-time fee, [AN 31
228		-	-7- Enrolled SB 126
	211	+	(a) On retiring from practice and payment of an appropriate one-time fee, [AN 31 33-LS0367\R
	212	+	SB0126A -7- SB 126
	213	+	New Text Underlined [DELETED TEXT BRACKETED]
	214	+
229	215		INDIVIDUAL WHO IS] a registrant in good standing with the board may apply for 1
230	216		the conversion of a certificate of registration to a retired status registration. The 2
231	217		registrant [AN INDIVIDUAL HOLDING A RETIRED STATUS REGISTRATION] 3
232	218		may not practice architecture, engineering, land surveying, or landscape architecture in 4
233	219		the state. A retired status registration is valid for the life of the registration holder and 5
234	220		does not require renewal. 6
235	221		* Sec. 17. AS 08.48.221 is amended to read: 7
236	222		Sec. 08.48.221. Seals. (a) Each registrant may obtain a seal of the design 8
237	223		authorized by the board, bearing the registrant's name, registration number, and the 9
238	224		[LEGEND "REGISTERED PROFESSIONAL ARCHITECT," "REGISTERED 10
239	225		PROFESSIONAL ENGINEER," "REGISTERED PROFESSIONAL LAND 11
240	226		SURVEYOR," OR "REGISTERED PROFESSIONAL LANDSCAPE ARCHITECT," 12
241	227		AS] appropriate legend for architect, engineer, land surveyor, or landscape 13
242	228		architect. When a registrant issues final drawings, specifications, surveys, plats, 14
243	229		plates, reports, or similar documents, the registrant shall stamp the documents with the 15
244	230		seal and sign the seal. The board shall adopt regulations governing the use of seals by 16
245	231		the registrant. An architect, engineer, land surveyor, or landscape architect may not 17
246	232		affix or permit a seal and signature to be affixed to an instrument after the expiration 18
247	233		of a certificate or for the purpose of aiding or abetting another person to evade or 19
248	234		attempt to evade a provision of this chapter. The registrant, by sealing and signing 20
249	235		the document [AFFIXING THE REGISTRANT'S SEAL TO FINAL DRAWINGS, 21
250	236		SPECIFICATIONS, SURVEYS, PLATS, PLATES, REPORTS, OR SIMILAR 22
251	237		DOCUMENTS, AND BY SIGNING THE SEAL], certifies that the document was 23
252	238		[DOCUMENTS WERE] prepared by or under the registrant's responsible charge and 24
253		-	is [DIRECT SUPERVISION, ARE] within the registrant's field of practice [,] or is 25
	239	+	is [DIRECT SUPERVISION ARE] within the registrant's field of practice, or is 25
254	240		[CONSTITUTE] design work of minor importance. 26
255	241		(b) Final drawings, specifications, surveys, plats, plates, reports, or similar 27
256	242		documents containing the work of multiple fields of practice shall be sealed and 28
257	243		signed by a registrant in each field of practice covered by the document. The registrant 29
258	244		shall certify on the face of the document the extent of the registrant's responsibility for 30
259		-	all work prepared under the registrant's seal. [WHEN CERTIFYING DESIGN WORK 31
260		-	Enrolled SB 126 -8-
	245	+	all work prepared under the registrant's seal. [WHEN CERTIFYING DESIGN WORK 31 33-LS0367\R
	246	+	SB 126 -8- SB0126A
	247	+	New Text Underlined [DELETED TEXT BRACKETED]
	248	+
261	249		OF MINOR IMPORTANCE, THE REGISTRANT SHALL IDENTIFY THAT 1
262	250		WORK ON THE DOCUMENT NEAR THE REGISTRANT'S SEAL AND TAKE 2
263	251		RESPONSIBILITY FOR ALL WORK PREPARED UNDER THE REGISTRANT'S 3
264	252		SEAL.] 4
265	253		* Sec. 18. AS 08.48.231(a) is amended to read: 5
266	254		(a) To remain valid, certificates shall be renewed in accordance with 6
267	255		AS 08.01.100. Notice of renewal dates, given under AS 08.01.050(a)(11), shall be 7
268	256		transmitted [MAILED] to the registrant, corporation, limited liability company, [OR] 8
269	257		limited liability partnership, or limited partnership [AT THE REGISTRANT'S, 9
270	258		CORPORATION'S, LIMITED LIABILITY COMPANY'S, OR LIMITED 10
271	259		LIABILITY PARTNERSHIP'S LAST KNOWN ADDRESS] at least one month in 11
272	260		advance of the date of the expiration of the certificate. If the certificate has been 12
273	261		suspended or revoked, the board may take action independent of this section. 13
274	262		* Sec. 19. AS 08.48.241(a) is amended to read: 14
275	263		(a) This chapter does not prevent a corporation, limited liability company, 15
276	264		[OR] limited liability partnership, or limited partnership from offering architectural, 16
277	265		engineering, land surveying, or landscape architectural services; however, the 17
278	266		corporation, limited liability company, [OR] limited liability partnership, or limited 18
279	267		partnership shall file with the board 19
280	268		(1) an application for a certificate of authorization on [UPON] a form 20
281	269		to be prescribed by the board and containing information required to enable the board 21
282	270		to determine whether the corporation, limited liability company, [OR] limited liability 22
283	271		partnership, or limited partnership is qualified in accordance with the provisions of 23
284	272		this chapter to offer to practice architecture, engineering, land surveying, or landscape 24
285	273		architecture in this state; 25
286	274		(2) a certified copy of a resolution of the board of directors of the 26
287	275		corporation, the managing members or manager of the limited liability company, [OR] 27
288	276		the general partners of a limited liability partnership, or the general partners of a 28
289	277		limited partnership designating persons holding certificates of registration under this 29
290	278		chapter as responsible for the practice of architecture, engineering, land surveying, or 30
291		-	landscape architecture by the corporation, limited liability company, [OR] limited 31
292		-	-9- Enrolled SB 126
	279	+	landscape architecture by the corporation, limited liability company, [OR] limited 31 33-LS0367\R
	280	+	SB0126A -9- SB 126
	281	+	New Text Underlined [DELETED TEXT BRACKETED]
	282	+
293	283		liability partnership, or limited partnership in this state and providing that full 1
294	284		authority to make all final architectural, engineering, land surveying, or landscape 2
295	285		architectural decisions on behalf of the corporation, limited liability company, [OR] 3
296	286		limited liability partnership, or limited partnership with respect to work performed 4
297	287		by the corporation, limited liability company, [OR] limited liability partnership, or 5
298	288		limited partnership in this state is granted by the board of directors of the 6
299	289		corporation, the managing members or manager of the limited liability company, [OR] 7
300	290		the general partners of the limited liability partnership, or the general partners of the 8
301	291		limited partnership to the persons designated in the resolution; however, the filing of 9
302	292		this resolution does not relieve the corporation, limited liability company, [OR] 10
303	293		limited liability partnership, or limited partnership of any responsibility or liability 11
304	294		imposed on [UPON] it by law or by contract; 12
305	295		(3) a designation in writing setting out the name of one or more 13
306	296		persons holding certificates of registration under this chapter who are in responsible 14
307	297		charge of each major branch of the architectural, engineering, land surveying, or 15
308	298		landscape architectural activities in which the corporation, limited liability company, 16
309	299		[OR] limited liability partnership, or limited partnership specializes in this state; if a 17
310	300		change is made in the person in responsible charge of a major branch of the 18
311	301		architectural, engineering, land surveying, or landscape architectural activities, the 19
312	302		change shall be designated in writing and filed with the board within 30 days after the 20
313	303		effective date of the change. 21
314	304		* Sec. 20. AS 08.48.241(b) is amended to read: 22
315	305		(b) Upon filing with the board the application for certificate of authorization, 23
316	306		certified copy of resolution, affidavit, and designation of persons specified in this 24
317	307		section, the board shall, subject to (c) of this section, issue to the corporation, limited 25
318	308		liability company, [OR] limited liability partnership, or limited partnership a 26
319	309		certificate of authorization to practice architecture, engineering, land surveying, or 27
320	310		landscape architecture in this state upon a determination by the board that 28
321	311		(1) the bylaws of the corporation, the articles of organization or 29
322	312		operating agreement of the limited liability company, [OR] the partnership agreement 30
323		-	of the limited liability partnership, or the partnership agreement of the limited 31
324		-	Enrolled SB 126 -10-
	313	+	of the limited liability partnership, or the partnership agreement of the limited 31 33-LS0367\R
	314	+	SB 126 -10- SB0126A
	315	+	New Text Underlined [DELETED TEXT BRACKETED]
	316	+
325	317		partnership contain provisions that all architectural, engineering, land surveying, or 1
326	318		landscape architectural decisions pertaining to architectural, engineering, land 2
327	319		surveying, or landscape architectural activities in this state will be made by the 3
328	320		specified architect, engineer, land surveyor, or landscape architect in responsible 4
329	321		charge, or other registered architects, engineers, land surveyors, or landscape 5
330	322		architects under the direction or supervision of the architect, engineer, land surveyor, 6
331	323		or landscape architect in responsible charge; 7
332	324		(2) the application for certificate of authorization states the type of 8
333	325		architecture, engineering, land surveying, or landscape architecture practiced or to be 9
334	326		practiced by the corporation, limited liability company, [OR] limited liability 10
335	327		partnership, or limited partnership; 11
336	328		(3) the applicant corporation, limited liability company, [OR] limited 12
337	329		liability partnership, or limited partnership has the ability to provide architectural, 13
338	330		engineering, land surveying, or landscape architectural services; 14
339	331		(4) the application for certificate of authorization states the 15
340	332		professional records of the designated person who is in responsible charge of each 16
341	333		major branch of architectural, engineering, land surveying, or landscape architectural 17
342	334		activities in which the corporation, limited liability company, [OR] limited liability 18
343	335		partnership, or limited partnership specializes; 19
344	336		(5) the application for certificate of authorization states the experience, 20
345	337		if any, of the corporation, limited liability company, [OR] limited liability partnership, 21
346	338		or limited partnership in furnishing architectural, engineering, land surveying, or 22
347	339		landscape architectural services during the preceding five-year period; 23
348	340		(6) the applicant corporation, limited liability company, [OR] limited 24
349	341		liability partnership, or limited partnership meets other requirements related to 25
350	342		professional competence in the furnishing of architectural, engineering, land 26
351	343		surveying, or landscape architectural services as may be adopted by the board in 27
352	344		furtherance of the objectives and provisions of this chapter. 28
353	345		* Sec. 21. AS 08.48.241(c) is amended to read: 29
354	346		(c) The board may [, IN THE EXERCISE OF ITS DISCRETION,] refuse to 30
355		-	issue, or may suspend or revoke a certificate of authorization to a corporation, limited 31
356		-	-11- Enrolled SB 126
	347	+	issue, or may suspend or revoke a certificate of authorization to a corporation, limited 31 33-LS0367\R
	348	+	SB0126A -11- SB 126
	349	+	New Text Underlined [DELETED TEXT BRACKETED]
	350	+
357	351		liability company, [OR] limited liability partnership, or limited partnership if the 1
358	352		board finds that any of the corporation's officers, directors, or incorporators, any of the 2
359	353		stockholders holding a majority of the stock of the corporation, any of the limited 3
360	354		liability company's organizers, managers, or managing members, [OR] any of the 4
361	355		limited liability partnership's general partners, or any of the limited partnership's 5
362	356		general partners has committed misconduct or malpractice, or has been found 6
363	357		personally responsible for misconduct or malpractice under the provisions of this 7
364	358		chapter. 8
365	359		* Sec. 22. AS 08.48.241(d) is amended to read: 9
366	360		(d) The certificate of authorization must specify the major branches of 10
367	361		architecture, engineering, land surveying, or landscape architecture of which the 11
368	362		corporation, limited liability company, [OR] limited liability partnership, or limited 12
369	363		partnership has designated a person in responsible charge as provided in this section. 13
370	364		The certificate of authorization shall be conspicuously displayed in the place of 14
371	365		business of the corporation, limited liability company, [OR] limited liability 15
372	366		partnership, or limited partnership, together with the names of persons designated as 16
373	367		being in responsible charge of the professional activities. 17
374	368		* Sec. 23. AS 08.48.241(e) is amended to read: 18
375	369		(e) If a corporation, limited liability company, [OR] limited liability 19
376	370		partnership, or limited partnership that is organized solely by either a group of 20
377	371		architects, a group of engineers, a group of land surveyors, or a group of landscape 21
378	372		architects, each holding a certificate of registration under this chapter, applies for a 22
379	373		certificate of authorization, the board may, in its discretion, grant a certificate of 23
380	374		authorization to the corporation, limited liability company, [OR] limited liability 24
381	375		partnership, or limited partnership based on a review of the professional records of 25
382	376		the incorporators of the corporation, organizers of the limited liability company, [OR] 26
383	377		partners who formed the limited liability partnership, or partners who formed the 27
384	378		limited partnership in place of the required qualifications set out in this section. If 28
385	379		the ownership of the corporation is altered, the membership of the limited liability 29
386	380		company is altered, [OR] the partners of the limited liability partnership change, or 30
387		-	the general partners of the limited partnership change, the corporation, limited 31
388		-	Enrolled SB 126 -12-
	381	+	the general partners of the limited partnership change, the corporation, limited 31 33-LS0367\R
	382	+	SB 126 -12- SB0126A
	383	+	New Text Underlined [DELETED TEXT BRACKETED]
	384	+
389	385		liability company, [OR] limited liability partnership, or limited partnership shall 1
390	386		apply for a revised certificate of authorization, based on [UPON] the professional 2
391	387		records of the owners of the corporation, the members of the limited liability 3
392	388		company, [OR] the partners of the limited liability partnership, or the general 4
393	389		partners of the limited partnership, if exclusively architects, engineers, land 5
394	390		surveyors, or landscape architects, or otherwise under the qualifications required by 6
395	391		(b)(1) - (4) of this section. 7
396	392		* Sec. 24. AS 08.48.241(f) is amended to read: 8
397	393		(f) A corporation, limited liability company, [OR A] limited liability 9
398	394		partnership, or limited partnership authorized to offer architectural, engineering, 10
399	395		land surveying, or landscape architectural services under this chapter, together with its 11
400	396		directors, officers, managing members, manager, and partners for their own individual 12
401	397		acts, is responsible to the same degree as the designated individual registrant 13
402	398		[REGISTERED ARCHITECT, ENGINEER, LAND SURVEYOR, OR LANDSCAPE 14
403	399		ARCHITECT], and shall conduct its business without misconduct or malpractice in 15
404	400		the practice of architecture, engineering, land surveying, or landscape architecture as 16
405	401		defined in this chapter. 17
406	402		* Sec. 25. AS 08.48.241(g) is amended to read: 18
407	403		(g) If the board, after a proper hearing, finds that a corporation, limited 19
408	404		liability company, [OR] limited liability partnership, or limited partnership holding a 20
409	405		certificate of authorization has committed misconduct or malpractice, the board shall 21
410	406		suspend or revoke the certificate of authorization. The board shall also suspend or 22
411	407		revoke the certificate of registration of any registrant [REGISTERED INDIVIDUAL 23
412	408		ARCHITECT, ENGINEER, LAND SURV EYOR, OR LANDSCAPE ARCHITECT] 24
413	409		who, after a proper hearing, is found by the board to have participated in committing 25
414	410		the misconduct or malpractice. 26
415	411		* Sec. 26. AS 08.48.241(h) is amended to read: 27
416	412		(h) Drawings, specifications, designs, and reports, when issued in connection 28
417	413		with work performed by a corporation, limited liability company, [OR] limited 29
418	414		liability partnership, or limited partnership under its certificate of authorization, 30
419		-	shall be prepared by or under the responsible charge of and shall be signed by and 31
420		-	-13- Enrolled SB 126
	415	+	shall be prepared by or under the responsible charge of and shall be signed by and 31 33-LS0367\R
	416	+	SB0126A -13- SB 126
	417	+	New Text Underlined [DELETED TEXT BRACKETED]
	418	+
421	419		stamped with the official seal of a person holding a certificate of registration under 1
422	420		this chapter. 2
423	421		* Sec. 27. AS 08.48.251 is amended to read: 3
424	422		Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 4
425	423		practice of architecture, engineering, land surveying, or landscape architecture by a 5
426	424		partnership if all of the members of the partnership are registrants [ARCHITECTS, 6
427	425		ENGINEERS, LAND SURVEYORS, OR LANDSCAPE ARCHITECTS LEGALLY 7
428	426		REGISTERED] under this chapter. In this section, "partnership" does not include a 8
429	427		limited liability partnership or a limited partnership. 9
430	428		* Sec. 28. AS 08.48.281(a) is amended to read: 10
431	429		(a) A person may not practice or offer to practice the profession of 11
432	430		architecture, engineering, land surveying, or landscape architecture in the state, or use 12
433	431		in connection with the person's name or otherwise assume or advertise a title or 13
434	432		description tending to convey the impression that the person is an architect, an 14
435	433		engineer, a land surveyor, or a landscape architect, unless the person has been 15
436	434		registered under the provisions of this chapter [OR IS A PERSON TO WHOM 16
437	435		THESE PROVISIONS DO NOT APPLY,] or, in the case of a corporation, limited 17
438	436		liability company, [OR] limited liability partnership, or limited partnership, unless it 18
439	437		has been authorized under this chapter. 19
440	438		* Sec. 29. AS 08.48.331(a) is amended to read: 20
441	439		(a) This chapter does not apply to 21
442	440		(1) a contractor performing work designed by a professional architect, 22
443	441		engineer, or landscape architect or the supervision of the construction of the work as a 23
444	442		supervisor or superintendent for a contractor; 24
445	443		(2) workers in building trades crafts, earthwork, grounds keeping, or 25
446	444		nursery operations, and superintendents, supervisors, or inspectors in the performance 26
447	445		of their customary duties; 27
448	446		(3) an officer or employee of the United States government practicing 28
449	447		architecture, engineering, land surveying, or landscape architecture as required by the 29
450	448		person's official capacity; 30
451		-	(4) an employee or a subordinate of a registrant [PERSON 31
452		-	Enrolled SB 126 -14-
	449	+	(4) an employee or a subordinate of a registrant [PERSON 31 33-LS0367\R
	450	+	SB 126 -14- SB0126A
	451	+	New Text Underlined [DELETED TEXT BRACKETED]
	452	+
453	453		REGISTERED UNDER THIS CHAPTER] if the work or service is done under the 1
454	454		direct supervision of a registrant [PERSON REGISTERED UNDER THIS 2
455	455		CHAPTER]; 3
456	456		(5) associates, consultants, or specialists retained by a registrant 4
457	457		[REGISTERED INDIVIDUAL], a partnership of registered individuals, a corporation, 5
458	458		a limited liability company, [OR] a limited liability partnership, or a limited 6
459	459		partnership authorized to practice architecture, engineering, land surveying, or 7
460	460		landscape architecture under this chapter, in the performance of professional services 8
461	461		if responsible charge of the work remains with the registrant [INDIVIDUAL], the 9
462	462		partnership, or a designated representative of the corporation, limited liability 10
463	463		company, [OR] limited liability partnership, or limited partnership; 11
464	464		(6) a person preparing drawings or specifications for 12
465	465		(A) a building for the person's own use and occupancy as a 13
466	466		single family residence and related site work for that building; 14
467	467		(B) farm or ranch buildings and their grounds unless the public 15
468	468		health, safety, or welfare is involved; 16
469	469		(C) a building that is intended to be used only as a residence by 17
470	470		not more than 18
471	471		(i) four families and that is not more than two stories 19
472	472		high and the grounds of the building; or 20
473	473		(ii) two families and that is not more than three stories 21
474	474		high and the grounds of the building, if the building is located in a 22
475	475		municipality that has adopted a building or residential code that applies 23
476	476		to the building and if the building complies with the building or 24
477	477		residential code; 25
478	478		(D) a garage, workshop, or similar building that contains less 26
479	479		than 2,000 square feet of floor space to be used for a private noncommercial 27
480	480		purpose and the grounds of the building; 28
481	481		(7) a specialty contractor licensed under AS 08.18 while engaged in 29
482	482		the business of construction contracting for work designed by an architect, engineer, 30
483		-	or landscape architect that is within the specialty to be performed or supervised by the 31
484		-	-15- Enrolled SB 126
	483	+	or landscape architect that is within the specialty to be performed or supervised by the 31 33-LS0367\R
	484	+	SB0126A -15- SB 126
	485	+	New Text Underlined [DELETED TEXT BRACKETED]
	486	+
485	487		specialty contractor, or a contractor preparing shop or field drawings for work that the 1
486	488		specialty contractor has contracted to perform; 2
487	489		(8) a person furnishing drawings, specifications, instruments of 3
488	490		service, or other data for alterations or repairs to a building or its grounds that do not 4
489	491		change or affect the structural system or the safety of the building, or that do not affect 5
490	492		the public health, safety, or welfare; 6
491	493		(9) a person who is employed by a postsecondary educational 7
492	494		institution to teach engineering, architectural, or landscape architectural courses; in 8
493	495		this paragraph, "postsecondary educational institution" has the meaning given in 9
494	496		AS 14.48.210; 10
495	497		(10) an officer or employee of an individual, firm, partnership, 11
496	498		association, utility, corporation, limited liability company, [OR] limited liability 12
497	499		partnership, or limited partnership, who practices engineering, architecture, land 13
498	500		surveying, or landscape architecture involved in the operation of the employer's 14
499	501		business only, and further if [PROVIDED THAT] neither the employee nor the 15
500	502		employer offers engineering, architecture, land surveying, or landscape architecture 16
501	503		services to the public; exclusions under this paragraph do not apply to buildings or 17
502	504		structures whose primary use is public occupancy; 18
503	505		(11) a person while involved in revegetation, restoration, reclamation, 19
504	506		rehabilitation, or erosion control for disturbed land that the board determines does not 20
505	507		affect the public health, safety, or welfare; 21
506	508		(12) a person while maintaining or directing the placement of plant 22
507	509		material that the board determines does not affect the public health, safety, or welfare; 23
508	510		(13) an employee, officer, or agent of a regulatory agency of the state 24
509	511		or a municipality when reviewing drawings and specifications for compliance with the 25
510	512		building codes of the state or a municipality if the drawings and specifications have 26
511	513		been sealed and signed by an architect, engineer, land surveyor, or landscape architect 27
512	514		or the preparation of the drawings and specifications is exempt under this section from 28
513	515		the requirements of this chapter; in this paragraph, "building codes" includes codes 29
514	516		relating to building, mechanical, plumbing, electrical, fire safety standards, and 30
515		-	zoning; 31
516		-	Enrolled SB 126 -16-
	517	+	zoning; 31 33-LS0367\R
	518	+	SB 126 -16- SB0126A
	519	+	New Text Underlined [DELETED TEXT BRACKETED]
	520	+
517	521		(14) a person who is designing fire protection [DETECTION OR 1
518	522		SUPPRESSION] systems and is authorized by the Department of Public Safety to 2
519	523		design fire protection [DETECTION OR SUPPRESSION] systems. 3
520	524		* Sec. 30. AS 08.48.341(4) is amended to read: 4
521	525		(4) "certificate of authorization" means a certificate issued by the 5
522	526		board authorizing a corporation, a limited liability company, [OR] a limited liability 6
523		-	partnership, or a limited partnership to provide professional services in architecture, 7
	527	+	partnership, or limited partnership to provide professional services in architecture, 7
524	528		engineering, land surveying, or landscape architecture through individuals legally 8
525	529		registered by the board; 9
526	530		* Sec. 31. AS 08.48.341(7) is amended to read: 10
527	531		(7) "design of minor importance" means work [A DESIGN] that is 11
528	532		incidental to the discipline of a registrant and is within the experience [DISCIPLINE] 12
529	533		of the registrant, but does not include comprehensive design services of any particular 13
530	534		building type, structure, building system, engineering system, or site development; 14
531	535		* Sec. 32. AS 08.48.341(16) is amended to read: 15
532	536		(16) "practice of landscape architecture" means professional services 16
533	537		or creative work in the design of landscape, the adequate performance of which 17
534	538		requires the specialized knowledge of applied mathematics and physical and 18
535	539		social sciences; consulting on, evaluating, planning, and designing public and 19
536	540		private landscape architecture projects; the teaching of advanced landscape 20
537	541		architectural courses in institutions of higher learning; consultation and the 21
538	542		direction or performance of preparing, filing, and administering related plans, 22
539	543		drawings, specifications, permits, and other contract documents involving 23
540	544		projects that direct, inform, or advise on the functional use and preservation of 24
541	545		natural and built environments; the review of drawings and specifications by 25
542	546		regulatory agencies; and minor architectural and engineering design work as 26
543		-	authorized by the board under AS 08.48.101(a)(7) [SITE INVESTIGATION, 27
	547	+	authorized by the board under AS 08.48.101(a)(7); [SITE INVESTIGATION, 27
544	548		RECONNAISSANCE, RESEARCH, PLANNING, DESIGN, AND PREPARATION 28
545	549		SERVICES RELATED TO DRAWINGS AND CONSTRUCTION DOCUMENTS, 29
546	550		OBSERVATION OF CONSTRUCTION, AND LOCATION, ARRANGEMENT, 30
547		-	AND DESIGN OF INCIDENTAL AND NECESSARY TANGIBLE OBJECTS AND 31
548		-	-17- Enrolled SB 126
	551	+	AND DESIGN OF INCIDENTAL AND NECESSARY TANGIBLE OBJECTS AND 31 33-LS0367\R
	552	+	SB0126A -17- SB 126
	553	+	New Text Underlined [DELETED TEXT BRACKETED]
	554	+
549	555		FEATURES FOR THE PURPOSE OF 1
550	556		(A) PRESERVATION AND ENHANCEMENT OF LAND 2
551	557		USES AND NATURAL LAND FEATURES; 3
552	558		(B) LOCATION AND CONSTRUCTION OF 4
553	559		AESTHETICALLY PLEASING AND FUNCTIONAL APPROACHES FOR 5
554	560		STRUCTURES, ROADWAYS, AND WALKWAYS; 6
555	561		(C) ESTABLISHING OR MAINTAINING TRAILS, 7
556	562		PLANTINGS, LANDSCAPE IRRIGATION, LANDSCAPE LIGHTING, 8
557	563		AND LANDSCAPE GRADING; OR 9
558	564		(D) GENERALIZED PLANNING OF THE DEVELOPMENT 10
559	565		OF LAND AREAS IN A MANNER THAT IS SENSITIVE TO THE AREA'S 11
560	566		NATURAL AND CULTURAL RESOURCES]; 12
561	567		* Sec. 33. AS 08.48.341(17) is amended to read: 13
562	568		(17) "professional architect" means a person [WHO HAS BEEN 14
563	569		LEGALLY] registered as a professional architect by the board; 15
564	570		* Sec. 34. AS 08.48.341(18) is amended to read: 16
565	571		(18) "professional engineer" means a person [WHO HAS BEEN 17
566	572		LEGALLY] registered as a professional engineer by the board; 18
567	573		* Sec. 35. AS 08.48.341(19) is amended to read: 19
568	574		(19) "professional land surveyor" means a person [WHO HAS BEEN 20
569	575		LEGALLY] registered as a professional land surveyor by the board; 21
570	576		* Sec. 36. AS 08.48.341(22) is amended to read: 22
571	577		(22) "shop drawing" or "field drawing" means a drawing prepared by a 23
572	578		contractor, subcontractor, or vendor that shows how a particular aspect of the work is 24
573	579		to be fabricated and installed and demonstrates how an aspect of the work will satisfy 25
574	580		the requirements of the construction document [, BUT DOES NOT INCLUDE A 26
575	581		FINAL DRAWING, SPECIFICATION, SURVEY, PLAT, PLATE, REPORT, OR 27
576	582		OTHER SIMILAR DOCUMENT]; 28
577	583		* Sec. 37. AS 08.48.341 is amended by adding new paragraphs to read: 29
578	584		(24) "fire protection system" means a fire alarm device or system or 30
579		-	fire extinguishing device or system, or combination of both, that is designed and 31
580		-	Enrolled SB 126 -18-
	585	+	fire-extinguishing device or system, or combination of both, that is designed and 31 33-LS0367\R
	586	+	SB 126 -18- SB0126A
	587	+	New Text Underlined [DELETED TEXT BRACKETED]
	588	+
581	589		installed for detecting, controlling, or extinguishing a fire or otherwise alerting an 1
582	590		occupant or the fire department, or both, that a fire has occurred; 2
583	591		(25) "limited partnership" has the meaning given in AS 32.11.900; 3
584	592		(26) "registrant" means a person registered by the board as a 4
585	593		professional architect, engineer, land surveyor, or landscape architect. 5
586	594		* Sec. 38. AS 08.48.061 is repealed. 6
587	595		* Sec. 39. This Act takes effect immediately under AS 01.10.070(c). 7