Alaska 2023 2023-2024 Regular Session

Alaska Senate Bill SB73 Introduced / Bill

Filed 02/17/2023

                     
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 SENATE BILL NO. 73 
 
IN THE LEGISLATURE OF THE STATE OF ALASKA 
 
THIRTY-THIRD LEGISLATURE - FIRST SESSION 
 
BY SENATOR CLAMAN 
 
Introduced:  2/17/23 
Referred:  Labor & Commerce, Finance   
 
 
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; renaming the State Board of 2 
Registration for Architects, Engineers, and Land Surveyors the State Board of 3 
Registration for Design Professionals; relating to the State Board of Registration for 4 
Design Professionals; relating to liens for labor or materials furnished; relating to the 5 
procurement of interior design services; and providing for an effective date." 6 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 
   * Section 1. AS 08.01.010(3) is amended to read: 8 
(3) State Board of Registration for Design Professionals 
9 
[ARCHITECTS, ENGINEERS, AND LAND SURVEYORS] (AS 08.48.011);  10 
   * Sec. 2. AS 08.01.065(f) is amended to read: 11 
(f)  Notwithstanding (c) of this section, the department shall establish fee levels 12 
under (a) of this section so that the total amount of fees collected by the State Board of 13    33-LS0244\S 
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Registration for Design Professionals [ARCHITECTS, ENGINEERS, AND LAND 1 
SURVEYORS] approximately equals the total regulatory costs of the department and 2 
the board for all occupations regulated by the board. The department shall set the fee 3 
levels for the issuance and renewal of a certificate of registration issued under 4 
AS 08.48.211 so that the fee levels are the same for all occupations regulated by the 5 
board.  6 
   * Sec. 3. AS 08.03.010(c)(3) is amended to read: 7 
(3) State Board of Registration for Design Professionals 8 
[ARCHITECTS, ENGINEERS, AND LAND SURVEYORS] (AS 08.48.011) - 9 
June 30, 2025;  10 
   * Sec. 4. AS 08.48.011(a) is amended to read: 11 
(a)  There is created the State Board of Registration for Design Professionals 12 
[ARCHITECTS, ENGINEERS, AND LAND SURVEYORS]. The board shall 13 
administer the provisions of this chapter and comply with AS 44.62 (Administrative 14 
Procedure Act).  15 
   * Sec. 5. AS 08.48.011(b) is amended to read: 16 
(b)  The board consists of 13 [11] members appointed by the governor having 17 
the qualifications as set out in AS 08.48.031. The board consists of two civil 18 
engineers, two land surveyors, one mining engineer, one electrical engineer, one [OR] 19 
mechanical engineer, one engineer from another branch of the profession of 20 
engineering, two architects, one landscape architect, one registered interior designer, 21 
and one public member.  22 
   * Sec. 6. AS 08.48.061(c) is amended to read: 23 
(c) The board may make expenditures from appropriated funds for any 24 
purpose that is reasonably necessary for the proper performance of its duties under this 25 
chapter. This may include the expenses of the board delegates to attend meetings of 26 
councils of architect examiners, engineering examiners, land surveyor examiners, 27 
registered interior designer examiners, or landscape architect examiners, or any of 28 
their subdivisions. The total amount of disbursements issued in payment of the 29 
expenses incurred under this chapter may not exceed the amount of money 30 
appropriated by the legislature.  31    33-LS0244\S 
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   * Sec. 7. AS 08.48.071(f) is amended to read: 1 
(f)  The department shall assemble statistics relating to the performance of its 2 
staff and the performance of the board, including  3 
(1) the number of architects, engineers, land surveyors, registered 4 
interior designers, and landscape architects registered over a five-year period;  5 
(2)  the rate of passage of examinations administered by the board;  6 
(3) the number of persons making application for registration as a 7 
professional architect, engineer, land surveyor, registered interior designer, or 8 
landscape architect over a five-year period;  9 
(4)  an account of registration fees collected under AS 08.01.065;  10 
(5) a measure of the correspondence workload of any licensing 11 
examiner employed by the department to carry out this chapter.  12 
   * Sec. 8. AS 08.48.111 is amended to read: 13 
Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 14 
may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 15 
corporation, limited liability company, or limited liability partnership who is found 16 
guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, 17 
incompetence, or misconduct in the practice of architecture, engineering, land 18 
surveying, registered interior design, or landscape architecture; or (3) a violation of 19 
this chapter, a regulation adopted under this chapter, or the code of ethics or 20 
professional conduct as adopted by the board. The code of ethics or professional 21 
conduct shall be distributed in writing to every registrant and applicant for registration 22 
under this chapter. This publication and distribution of the code of ethics or 23 
professional conduct constitutes due notice to all registrants. The board may revise and 24 
amend its code and, upon doing so, shall immediately notify each registrant in writing 25 
of the revisions or amendments. The board may, upon petition of the registrant, 26 
corporation, limited liability company, or limited liability partnership, reissue a 27 
certificate if a majority of the members of the board vote in favor of the reissuance.  28 
   * Sec. 9. AS 08.48.171 is amended to read: 29 
Sec. 08.48.171. General requirements and qualifications for registration. 30 
An applicant for registration as an architect, engineer, land surveyor, registered 31    33-LS0244\S 
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interior designer, or landscape architect must be of good character and reputation and 1 
shall submit evidence satisfactory to the board of the applicant's education, training, 2 
and experience. However, an applicant for registration as a land surveyor may not be 3 
required to submit evidence of more than eight years of any combination of education, 4 
experience, or training.  5 
   * Sec. 10. AS 08.48.181 is amended by adding a new subsection to read: 6 
(b)  Except as provided in AS 08.48.191, for registration as a registered interior 7 
designer, a person shall be examined in this state in accordance with the regulations of 8 
procedure and standards adopted by the board under AS 44.62 (Administrative 9 
Procedure Act). The procedure and standards must include successfully completing 10 
the examination administered by the Council for Interior Design Qualification or its 11 
successor.  12 
   * Sec. 11. AS 08.48.191 is amended by adding a new subsection to read: 13 
(e) A person holding a certificate of registration authorizing the person to 14 
practice registered interior design in a state, territory, or possession of the United 15 
States, the District of Columbia, or a foreign country that, in the opinion of the board, 16 
meets the requirements of this chapter, based on verified evidence, may, upon 17 
application, be registered in accordance with the regulations of the board. 18 
   * Sec. 12. AS 08.48.201(a) is amended to read: 19 
(a) Application for registration as a professional architect, a professional 20 
engineer, a professional land surveyor, a registered interior designer, or a 21 
professional landscape architect shall  22 
(1)  be on a form prescribed and furnished by the board;  23 
(2) contain statements made under oath, showing the applicant's 24 
education and a detailed summary of the applicant's technical experience; and  25 
(3) contain five references, three of whom must be architects for 26 
architectural registration, engineers for engineering registration, land surveyors for 27 
land surveying registration, architects or registered interior designers for interior 28 
design registration, and landscape architects for landscape architectural registration, 29 
having personal knowledge of the applicant's architectural, engineering, land 30 
surveying, interior design, or landscape architectural education, training, or 31    33-LS0244\S 
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experience.  1 
   * Sec. 13. AS 08.48.211 is amended to read: 2 
Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the 3 
requirements set out by the board shall be awarded a certificate of registration as a 4 
professional architect, engineer, land surveyor, or landscape architect, or as a 5 
registered interior designer, authorizing the holder to offer or perform architectural, 6 
engineering, land surveying, interior design, or landscape architectural services or 7 
work for the public, or to certify or sign architectural, engineering, land surveying, 8 
interior design, or landscape architectural documents. Certificates of registration 9 
issued under this section shall be inscribed on their face in a manner determined by the 10 
board.  11 
(b)  The certificate of registration sealed by the board is prima facie evidence 12 
that the person named in it is entitled to all rights and privileges of a professional 13 
architect, professional engineer, professional land surveyor, registered interior 14 
designer, or professional landscape architect while the certificate remains unrevoked 15 
or unexpired.  16 
   * Sec. 14. AS 08.48.215(a) is amended to read: 17 
(a)  On retiring from practice and payment of an appropriate one-time fee, an 18 
individual who is a registrant in good standing with the board may apply for the 19 
conversion of a certificate of registration to a retired status registration. An individual 20 
holding a retired status registration may not practice architecture, engineering, land 21 
surveying, registered interior design, or landscape architecture in the state. A retired 22 
status registration is valid for the life of the registration holder and does not require 23 
renewal.  24 
   * Sec. 15. AS 08.48.221(a) is amended to read: 25 
(a)  Each registrant may obtain a seal of the design authorized by the board, 26 
bearing the registrant's name, registration number, and the legend "Registered 27 
Professional Architect," "Registered Professional Engineer," "Registered Professional 28 
Land Surveyor," "Registered Interior Designer," or "Registered Professional 29 
Landscape Architect," as appropriate. When a registrant issues final drawings, 30 
specifications, surveys, plats, plates, reports, or similar documents, the registrant shall 31    33-LS0244\S 
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stamp the documents with the seal and sign the seal. The board shall adopt regulations 1 
governing the use of seals by the registrant. An architect, engineer, land surveyor, 2 
registered interior designer, or landscape architect may not affix or permit a seal and 3 
signature to be affixed to an instrument after the expiration of a certificate or for the 4 
purpose of aiding or abetting another person to evade or attempt to evade a provision 5 
of this chapter. The registrant, by affixing the registrant's seal to final drawings, 6 
specifications, surveys, plats, plates, reports, or similar documents, and by signing the 7 
seal, certifies that the documents were prepared by or under the registrant's direct 8 
supervision, are within the registrant's field of practice, or constitute design work of 9 
minor importance.  10 
   * Sec. 16. AS 08.48.241(a) is amended to read: 11 
(a)  This chapter does not prevent a corporation, limited liability company, or 12 
limited liability partnership from offering architectural, engineering, land surveying, 13 
interior design, or landscape architectural services; however, the corporation, limited 14 
liability company, or limited liability partnership shall file with the board  15 
(1)  an application for a certificate of authorization on [UPON] a form 16 
to be prescribed by the board and containing information required to enable the board 17 
to determine whether the corporation, limited liability company, or limited liability 18 
partnership is qualified in accordance with the provisions of this chapter to offer to 19 
practice architecture, engineering, land surveying, registered interior design, or 20 
landscape architecture in this state;  21 
(2) a certified copy of a resolution of the board of directors of the 22 
corporation, the managing members or manager of the limited liability company, or 23 
the general partners of a limited liability partnership designating persons holding 24 
certificates of registration under this chapter as responsible for the practice of 25 
architecture, engineering, land surveying, registered interior design, or landscape 26 
architecture by the corporation, limited liability company, or limited liability 27 
partnership in this state and providing that full authority to make all final architectural, 28 
engineering, land surveying, interior design, or landscape architectural decisions on 29 
behalf of the corporation, limited liability company, or limited liability partnership 30 
with respect to work performed by the corporation, limited liability company, or 31    33-LS0244\S 
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limited liability partnership in this state is granted by the board of directors of the 1 
corporation, the managing members or manager of the limited liability company, or 2 
the general partners of the limited liability partnership to the persons designated in the 3 
resolution; however, the filing of this resolution does not relieve the corporation, 4 
limited liability company, or limited liability partnership of any responsibility or 5 
liability imposed on [UPON] it by law or by contract;  6 
(3) a designation in writing setting out the name of one or more 7 
persons holding certificates of registration under this chapter who are in responsible 8 
charge of each major branch of the architectural, engineering, land surveying, interior 9 
design, or landscape architectural activities in which the corporation, limited liability 10 
company, or limited liability partnership specializes in this state; if a change is made 11 
in the person in responsible charge of a major branch of the architectural, engineering, 12 
land surveying, interior design, or landscape architectural activities, the change shall 13 
be designated in writing and filed with the board within 30 days after the effective date 14 
of the change.  15 
   * Sec. 17. AS 08.48.241(b) is amended to read: 16 
(b)  Upon filing with the board the application for certificate of authorization, 17 
certified copy of resolution, affidavit, and designation of persons specified in this 18 
section, the board shall, subject to (c) of this section, issue to the corporation, limited 19 
liability company, or limited liability partnership a certificate of authorization to 20 
practice architecture, engineering, land surveying, registered interior design, or 21 
landscape architecture in this state upon a determination by the board that  22 
(1) the bylaws of the corporation, the articles of organization or 23 
operating agreement of the limited liability company, or the partnership agreement of 24 
the limited liability partnership contain provisions that all architectural, engineering, 25 
land surveying, interior design, or landscape architectural decisions pertaining to 26 
architectural, engineering, land surveying, interior design, or landscape architectural 27 
activities in this state will be made by the specified architect, engineer, land surveyor, 28 
registered interior designer, or landscape architect in responsible charge, or other 29 
registered architects, engineers, land surveyors, registered interior designers, or 30 
landscape architects under the direction or supervision of the architect, engineer, land 31    33-LS0244\S 
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surveyor, registered interior designer, or landscape architect in responsible charge;  1 
(2) the application for certificate of authorization states the type of 2 
architecture, engineering, land surveying, interior design, or landscape architecture 3 
practiced or to be practiced by the corporation, limited liability company, or limited 4 
liability partnership;  5 
(3) the applicant corporation, limited liability company, or limited 6 
liability partnership has the ability to provide architectural, engineering, land 7 
surveying, interior design, or landscape architectural services;  8 
(4) the application for certificate of authorization states the 9 
professional records of the designated person who is in responsible charge of each 10 
major branch of architectural, engineering, land surveying, interior design, or 11 
landscape architectural activities in which the corporation, limited liability company, 12 
or limited liability partnership specializes;  13 
(5)  the application for certificate of authorization states the experience, 14 
if any, of the corporation, limited liability company, or limited liability partnership in 15 
furnishing architectural, engineering, land surveying, interior design, or landscape 16 
architectural services during the preceding five-year period;  17 
(6) the applicant corporation, limited liability company, or limited 18 
liability partnership meets other requirements related to professional competence in 19 
the furnishing of architectural, engineering, land surveying, interior design, or 20 
landscape architectural services as may be adopted by the board in furtherance of the 21 
objectives and provisions of this chapter.  22 
   * Sec. 18. AS 08.48.241(d) is amended to read: 23 
(d) The certificate of authorization must specify the major branches of 24 
architecture, engineering, land surveying, interior design, or landscape architecture of 25 
which the corporation, limited liability company, or limited liability partnership has 26 
designated a person in responsible charge as provided in this section. The certificate of 27 
authorization shall be conspicuously displayed in the place of business of the 28 
corporation, limited liability company, or limited liability partnership, together with 29 
the names of persons designated as being in responsible charge of the professional 30 
activities.  31    33-LS0244\S 
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   * Sec. 19. AS 08.48.241(e) is amended to read: 1 
(e)  If a corporation, limited liability company, or limited liability partnership 2 
that is organized solely by [EITHER] a group of architects, a group of engineers, a 3 
group of land surveyors, a group of registered interior designers, or a group of 4 
landscape architects, each holding a certificate of registration under this chapter, 5 
applies for a certificate of authorization, the board may, in its discretion, grant a 6 
certificate of authorization to the corporation, limited liability company, or limited 7 
liability partnership based on a review of the professional records of the incorporators 8 
of the corporation, organizers of the limited liability company, or partners who formed 9 
the limited liability partnership in place of the required qualifications set out in this 10 
section. If the ownership of the corporation is altered, the membership of the limited 11 
liability company is altered, or the partners of the limited liability partnership change, 12 
the corporation, limited liability company, or limited liability partnership shall apply 13 
for a revised certificate of authorization, based on [UPON] the professional records of 14 
the owners of the corporation, the members of the limited liability company, or the 15 
partners of the limited liability partnership, if exclusively architects, engineers, land 16 
surveyors, registered interior designers, or landscape architects, or otherwise under 17 
the qualifications required by (b)(1) - (4) of this section.  18 
   * Sec. 20. AS 08.48.241(f) is amended to read: 19 
(f)  A corporation, limited liability company, or a limited liability partnership 20 
authorized to offer architectural, engineering, land surveying, interior design, or 21 
landscape architectural services under this chapter, together with its directors, officers, 22 
managing members, manager, and partners for their own individual acts, is responsible 23 
to the same degree as the designated individual registered architect, engineer, land 24 
surveyor, registered interior designer, or landscape architect, and shall conduct its 25 
business without misconduct or malpractice in the practice of architecture, 26 
engineering, land surveying, registered interior design, or landscape architecture as 27 
defined in this chapter.  28 
   * Sec. 21. AS 08.48.241(g) is amended to read: 29 
(g) If the board, after a proper hearing, finds that a corporation, limited 30 
liability company, or limited liability partnership holding a certificate of authorization 31    33-LS0244\S 
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has committed misconduct or malpractice, the board shall suspend or revoke the 1 
certificate of authorization. The board shall also suspend or revoke the certificate of 2 
registration of any registered individual architect, engineer, land surveyor, interior 3 
designer, or landscape architect who, after a proper hearing, is found by the board to 4 
have participated in committing the misconduct or malpractice.  5 
   * Sec. 22. AS 08.48.251 is amended to read: 6 
Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 7 
practice of architecture, engineering, land surveying, registered interior design, or 8 
landscape architecture by a partnership if all of the members of the partnership are 9 
architects, engineers, land surveyors, registered interior designers, or landscape 10 
architects legally registered under this chapter. In this section, "partnership" does not 11 
include a limited liability partnership.  12 
   * Sec. 23. AS 08.48.281(a) is amended to read: 13 
(a) A person may not practice or offer to practice the profession of 14 
architecture, engineering, land surveying, registered interior design, or landscape 15 
architecture in the state, or use in connection with the person's name or otherwise 16 
assume or advertise a title or description tending to convey the impression that the 17 
person is an architect, [AN] engineer, [A] land surveyor, registered interior designer, 18 
or [A] landscape architect, unless the person has been registered under the provisions 19 
of this chapter or is a person to whom these provisions do not apply, or, in the case of 20 
a corporation, limited liability company, or limited liability partnership, unless it has 21 
been authorized under this chapter.  22 
   * Sec. 24. AS 08.48.281 is amended by adding a new subsection to read: 23 
(c) Notwithstanding (a) of this section, this chapter does not prohibit the 24 
practice of registered interior design by a person who is not registered to practice 25 
registered interior design if the services are being performed by a person acting within 26 
the scope of practice authorized by another license that is held by the person. 27 
   * Sec. 25. AS 08.48.291 is amended to read: 28 
Sec. 08.48.291. Violations and penalties. A person who practices or offers to 29 
practice architecture, engineering, land surveying, registered interior design, or 30 
landscape architecture in the state without being registered or authorized to practice in 31    33-LS0244\S 
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accordance with the provisions of this chapter, or a person presenting or attempting to 1 
use the certificate or the seal of another, or a person who gives false or forged 2 
evidence of any kind to the board or to a member of the board in obtaining or 3 
attempting to obtain a certificate, or a person who impersonates a registrant, or a 4 
person who uses or attempts to use an expired or revoked or nonexistent certificate, 5 
knowing of the certificate's status, or a person who falsely claims to be registered and 6 
authorized to practice under this chapter, or a person who violates any of the 7 
provisions of this chapter, is guilty of a misdemeanor and upon conviction is 8 
punishable by a fine of not more than $10,000, or by imprisonment for not more than 9 
one year, or by both.  10 
   * Sec. 26. AS 08.48.295(a) is amended to read: 11 
(a)  In addition to any other provision of law, if a person practices or offers to 12 
practice architecture, engineering, registered interior design, or land surveying in the 13 
state without being registered or authorized to practice in accordance with the 14 
provisions of this chapter, the board may enter an order levying a civil penalty.  15 
   * Sec. 27. AS 08.48.311 is amended to read: 16 
Sec. 08.48.311. Rights not transferable. The right to engage in the practice of 17 
architecture, engineering, land surveying, registered interior design, or landscape 18 
architecture is considered a personal and individual right, based on the qualifications 19 
of the individual as evidenced by the individual's certificate of registration, which is 20 
not transferable.  21 
   * Sec. 28. AS 08.48.321 is amended to read: 22 
Sec. 08.48.321. Evidence of practice. A person practices or offers to practice 23 
architecture, engineering, land surveying, registered interior design, or landscape 24 
architecture if the person [WHO]  25 
(1)  practices a branch of the profession of architecture, engineering, 26 
land surveying, registered interior design, or landscape architecture [AS DEFINED 27 
IN AS 08.48.341];  28 
(2) by verbal claim, sign, advertisement, letterhead, card, or other 29 
means represents to be an architect, engineer, land surveyor, registered interior 30 
designer, or landscape architect, or through the use of some other title implies that the 31    33-LS0244\S 
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person is an architect, engineer, land surveyor, registered interior designer, or 1 
landscape architect; or  2 
(3) holds out as able to perform or [WHO] does perform an 3 
architectural, engineering, land surveying, interior design, or landscape architectural 4 
service recognized by the professions covered by this chapter, and specified in 5 
regulations of the board, as an architectural, engineering, land surveying, interior 6 
design, or landscape architectural service.  7 
   * Sec. 29. AS 08.48.331(a) is amended to read: 8 
(a)  This chapter does not apply to  9 
(1)  a contractor performing work designed by a professional architect, 10 
engineer, registered interior designer, or landscape architect or the supervision of the 11 
construction of the work as a supervisor or superintendent for a contractor;  12 
(2)  workers in building trades crafts, earthwork, grounds keeping, or 13 
nursery operations, and superintendents, supervisors, or inspectors in the performance 14 
of their customary duties;  15 
(3)  an officer or employee of the United States government practicing 16 
architecture, engineering, land surveying, registered interior design, or landscape 17 
architecture as required by the person's official capacity;  18 
(4) an employee or a subordinate of a person registered under this 19 
chapter if the work or service is done under the direct supervision of a person 20 
registered under this chapter;  21 
(5) associates, consultants, or specialists retained by a registered 22 
individual, [A] partnership of registered individuals, [A] corporation, [A] limited 23 
liability company, or [A] limited liability partnership authorized to practice 24 
architecture, engineering, land surveying, registered interior design, or landscape 25 
architecture under this chapter, in the performance of professional services if 26 
responsible charge of the work remains with the individual, the partnership, or a 27 
designated representative of the corporation, limited liability company, or limited 28 
liability partnership;  29 
(6)  a person preparing drawings or specifications for  30 
(A) a building for the person's own use and occupancy as a 31    33-LS0244\S 
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single family residence and related site work for that building;  1 
(B)  farm or ranch buildings and their grounds unless the public 2 
health, safety, or welfare is involved;  3 
(C)  a building that is intended to be used only as a residence by 4 
not more than  5 
(i)  four families and that is not more than two stories 6 
high and the grounds of the building; or  7 
(ii)  two families and that is not more than three stories 8 
high and the grounds of the building, if the building is located in a 9 
municipality that has adopted a building or residential code that applies 10 
to the building and if the building complies with the building or 11 
residential code;  12 
(D)  a garage, workshop, or similar building that contains less 13 
than 2,000 square feet of floor space to be used for a private noncommercial 14 
purpose and the grounds of the building;  15 
(7)  a specialty contractor licensed under AS 08.18 while engaged in 16 
the business of construction contracting for work designed by an architect, engineer, 17 
registered interior designer, or landscape architect that is within the specialty to be 18 
performed or supervised by the specialty contractor, or a contractor preparing shop or 19 
field drawings for work that the specialty contractor has contracted to perform;  20 
(8)  a person, other than a person providing interior design services, 21 
furnishing drawings, specifications, instruments of service, or other data for alterations 22 
or repairs to a building or its grounds that do not change or affect the structural system 23 
or the safety of the building, or that do not affect the public health, safety, or welfare;  24 
(9) a person who is employed by a postsecondary educational 25 
institution to teach engineering, architectural, interior design, or landscape 26 
architectural courses; in this paragraph, "postsecondary educational institution" has the 27 
meaning given in AS 14.48.210;  28 
(10) an officer or employee of an individual, firm, partnership, 29 
association, utility, corporation, limited liability company, or limited liability 30 
partnership, who practices engineering, architecture, land surveying, registered 31    33-LS0244\S 
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interior design, or landscape architecture involved in the operation of the employer's 1 
business only if [, AND FURTHER PROVIDED THAT] neither the employee nor the 2 
employer offers engineering, architecture, land surveying, interior design, or 3 
landscape architecture services to the public; exclusions under this paragraph do not 4 
apply to buildings or structures whose primary use is public occupancy;  5 
(11)  a person while involved in revegetation, restoration, reclamation, 6 
rehabilitation, or erosion control for disturbed land that the board determines does not 7 
affect the public health, safety, or welfare;  8 
(12) a person while maintaining or directing the placement of plant 9 
material that the board determines does not affect the public health, safety, or welfare;  10 
(13)  an employee, officer, or agent of a regulatory agency of the state 11 
or a municipality when reviewing drawings and specifications for compliance with the 12 
building codes of the state or a municipality if the drawings and specifications have 13 
been sealed and signed by an architect, engineer, land surveyor, registered interior 14 
designer, or landscape architect or the preparation of the drawings and specifications 15 
is exempt under this section from the requirements of this chapter; in this paragraph, 16 
"building codes" includes codes relating to building, mechanical, plumbing, electrical, 17 
fire safety standards, and zoning;  18 
(14)  a person who is designing fire detection or suppression systems 19 
and is authorized by the Department of Public Safety to design fire detection or 20 
suppression systems; 21 
(15) a person providing services limited to the planning, design, 22 
and implementation of a kitchen or bath or the specification of products for a 23 
kitchen or bath, if the space or area is in a building described in (6)(A) or (C) of 24 
this subsection.  25 
   * Sec. 30. AS 08.48.341(2) is amended to read: 26 
(2) "board" means the State Board of Registration for Design 27 
Professionals [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS];  28 
   * Sec. 31. AS 08.48.341(4) is amended to read: 29 
(4) "certificate of authorization" means a certificate issued by the 30 
board authorizing a corporation, a limited liability company, or a limited liability 31    33-LS0244\S 
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partnership to provide professional services in architecture, engineering, land 1 
surveying, interior design, or landscape architecture through individuals legally 2 
registered by the board;  3 
   * Sec. 32. AS 08.48.341 is amended by adding new paragraphs to read: 4 
(24)  "interior technical submissions" means  5 
(A)  the designs, drawings, and specifications that establish the 6 
scope of the interior design to be constructed and the standard of quality for 7 
materials, work, equipment, and construction systems; and  8 
(B) the studies and other technical reports and calculations 9 
prepared in the course of the practice of registered interior design; 10 
(25)  "practice of registered interior design"  11 
(A)  includes  12 
(i)  the professional service of creative work;  13 
(ii)  teaching of advanced interior design courses in an 14 
institution of higher learning;  15 
(iii) providing consultation, investigation, research, 16 
evaluation, planning, and design for or professional observation of 17 
public or private buildings, works, or projects;  18 
(iv) interior design review of drawings and 19 
specifications made by regulatory agencies;  20 
(v)  the preparation of documents and interior technical 21 
submissions related to interior construction;  22 
(vi) minor mechanical, electrical, or structural design 23 
work; 24 
(B)  does not include  25 
(i) responsibility for design related to the practice of 26 
architecture, except as otherwise allowed in this chapter, or the practice 27 
of engineering; 28 
(ii) changes to the construction classification of a 29 
building or structure as determined by the authority having jurisdiction; 30 
(iii)  changes of use to an occupancy of greater hazard as 31    33-LS0244\S 
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determined by the authority having jurisdiction; 1 
(iv)  changes to the exterior envelope of a building; 2 
(v) altering or affecting the structural system of a 3 
building, including changing the live or dead load of a building; 4 
(vi) changes beyond the exit access component of a 5 
system of egress; 6 
(vii) changes to construction that materially affects a 7 
life safety system pertaining to fire safety or the fire protection of 8 
structural elements of a building, or material alterations to a smoke 9 
evacuation and compartmentalization system or to a fire rated vertical 10 
shaft in a multistory structure; 11 
(viii) materially altering or affecting a mechanical, 12 
plumbing, heating, air conditioning, ventilation, electrical, vertical 13 
transportation, fire sprinkler, or fire alarm system in a building; 14 
(26) "registered interior designer" means a person who has been 15 
registered by the board in the practice of registered interior design.  16 
   * Sec. 33. AS 08.48.351 is amended to read: 17 
Sec. 08.48.351. Short title. This chapter may be cited as the Design 18 
Professionals [ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND 19 
LANDSCAPE ARCHITECTS] Registration Act.  20 
   * Sec. 34. AS 14.43.310(b) is amended to read: 21 
(b) To assist the administering authority in selecting eligible applicants for 22 
award of each of the memorial education loans under AS 14.43.250 - 14.43.325 and in 23 
reviewing the memorial education loan program, the following advisory committees 24 
are established:  25 
(1)  three Alaska state troopers, each one to be selected from and to 26 
represent a state trooper region of the state by the regional commander to serve for 27 
three years, for the Michael Murphy memorial education loan;  28 
(2)  [REPEALED  29 
(3)]  three members of the State [STATE] Board of Registration for 30 
Design Professionals [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS] 31    33-LS0244\S 
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selected annually by the board from among its engineer members, for the Harvey 1 
Golub memorial education loan; and  2 
(3) [(4)] three members of the state Board of Education and Early 3 
Development, or of the staff of the Department of Education and Early Development, 4 
or any combination of these, selected annually by the board, for the Robert L. Thomas 5 
memorial education loan.  6 
   * Sec. 35. AS 23.30.017(c)(1) is amended to read: 7 
(1)  "design professional" means a person registered under AS 08.48 as 8 
an architect, engineer, [OR] land surveyor, registered interior designer, or 9 
landscape architect;  10 
   * Sec. 36. AS 34.35.050 is amended to read: 11 
Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 12 
only to the extent provided under this chapter, to secure the payment of the contract 13 
price if the person  14 
(1)  performs labor on [UPON] real property at the request of the owner 15 
or the agent of the owner for the construction, alteration, or repair of a building or 16 
improvement;  17 
(2) is a trustee of an employee benefit trust for the benefit of 18 
individuals performing labor on the building or improvement and has a direct contract 19 
with the owner or the agent of the owner for direct payments into the trust;  20 
(3) furnishes materials that are delivered to real property under a 21 
contract with the owner or the agent of the owner that are incorporated in the 22 
construction, alteration, or repair of a building or improvement;  23 
(4)  furnishes equipment that is delivered to and used on [UPON] real 24 
property under a contract with the owner or the agent of the owner for the 25 
construction, alteration, or repair of a building or improvement;  26 
(5)  performs services under a contract with the owner or the agent of 27 
the owner in connection with the preparation of plans, surveys, or architectural, [OR] 28 
engineering, or interior design plans or drawings for the construction, alteration, or 29 
repair of a building or improvement, whether or not actually implemented on that 30 
property; or  31    33-LS0244\S 
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(6)  is a general contractor.  1 
   * Sec. 37. AS 35.15.010(c) is amended to read: 2 
(c) In this section, "professional services" means architectural, engineering, 3 
[OR] land surveying, or interior design services.  4 
   * Sec. 38. AS 36.30.270(a) is amended to read: 5 
(a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a 6 
procurement officer shall negotiate a contract for an agency with the most qualified 7 
and suitable firm or person of demonstrated competence for architectural, engineering, 8 
[OR] land surveying, or interior design services. The procurement officer shall award 9 
a contract for those services at fair and reasonable compensation as determined by the 10 
procurement officer, after consideration of the estimated value of the services to be 11 
rendered, and the scope, complexity, and professional nature of the services. When 12 
determining the most qualified and suitable firm or person, the procurement officer 13 
shall consider the  14 
(1) proximity to the project site of the office of the firm or person 15 
unless federal law prohibits this factor from being considered in the awarding of the 16 
contract; and  17 
(2)  employment practices of the firm or person with regard to women 18 
and minorities.  19 
   * Sec. 39. AS 36.30.270(d) is amended to read: 20 
(d)  Notwithstanding the other provisions of this section, a procurement officer 21 
may include price as an added factor in selecting architectural, engineering, [AND] 22 
land surveying, and interior design services when, in the judgment of the 23 
procurement officer, the services required are repetitious in nature, and the scope, 24 
nature, and amount of services required are thoroughly defined by measurable and 25 
objective standards to reasonably enable firms or persons making proposals to 26 
compete with a clear understanding and interpretation of the services required. In 27 
order to include price as a factor in selection, a majority of the persons involved by the 28 
procurement officer in evaluation of the proposals must be registered in the state to 29 
perform architectural, engineering, [OR] land surveying, or interior design services.  30 
   * Sec. 40. AS 36.90.100 is amended to read: 31    33-LS0244\S 
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Sec. 36.90.100. Contracts for architectural, engineering, land surveying, 1 
interior design, or landscape architectural services. The state or a municipality may 2 
not award a contract for architectural, engineering, land surveying, interior design, or 3 
landscape architectural services to  4 
(1)  an individual who is not registered under AS 08.48 to perform the 5 
architectural, engineering, land surveying, interior design, or landscape architectural 6 
services required by the contract;  7 
(2)  a partnership, except as provided by (3) of this section, that is not 8 
qualified under AS 08.48.251 to provide the architectural, engineering, land surveying, 9 
interior design, or landscape architectural services required by the contract; or  10 
(3) a corporation, limited liability company, or limited liability 11 
partnership that is not authorized under AS 08.48.241 to offer the architectural, 12 
engineering, land surveying, interior design, or landscape architectural services 13 
required by the contract.  14 
   * Sec. 41. AS 39.25.120(c)(7) is amended to read: 15 
(7)  the principal executive officer of the following boards, councils, or 16 
commissions:  17 
(A)  Alaska Public Broadcasting Commission;  18 
(B)  Professional Teaching Practices Commission;  19 
(C)  Parole Board;  20 
(D)  Board of Nursing;  21 
(E)  Real Estate Commission;  22 
(F)  Alaska Royalty Oil and Gas Development Advisory Board;  23 
(G)  Alaska State Council on the Arts;  24 
(H)  Alaska Police Standards Council;  25 
(I)  Alaska Commission on Aging;  26 
(J)  Alaska Mental Health Board;  27 
(K)  State Medical Board;  28 
(L)  Governor's Council on Disabilities and Special Education;  29 
(M)  Advisory Board on Alcoholism and Drug Abuse;  30 
(N)  Statewide Suicide Prevention Council;  31    33-LS0244\S 
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(O) State Board of Registration for Design Professionals 1 
[ARCHITECTS, ENGINEERS, AND LAND SURVEYORS];  2 
(P)  Alaska Health Care Commission;  3 
(Q)  Board of Pharmacy;  4 
   * Sec. 42. AS 44.62.330(a)(3) is amended to read: 5 
(3) State Board of Registration for Design Professionals 6 
[ARCHITECTS, ENGINEERS, AND LAND SURVEYORS];  7 
   * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 8 
read: 9 
TRANSITION. Notwithstanding this Act, a person working as an interior designer 10 
before the effective date of secs. 1 - 42 of this Act may continue to practice interior design in 11 
the state without registration or authorization as a registered interior designer under AS 08.48 12 
until July 1, 2025. 13 
   * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 14 
read: 15 
TRANSITION: REGULATIONS. The State Board of Registration for Architects, 16 
Engineers, and Land Surveyors may adopt regulations necessary to implement this Act. The 17 
regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 18 
effective date of the law implemented by the regulation. 19 
   * Sec. 45. Section 44 of this Act takes effect immediately under AS 01.10.070(c). 20 
   * Sec. 46. Except as provided in sec. 45 of this Act, this Act takes effect July 1, 2023. 21