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