Alaska 2025-2026 Regular Session

Alaska House Bill HB215 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0215a -1- HB 215
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5	5	34-LS0795\A
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11	11	HOUSE BILL NO. 215
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE SADDLER
18	18
19	19	Introduced: 4/30/25
20	20	Referred: Labor and Commerce, Finance
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act extending the termination date of the State Board of Registration for 1
28	28	Architects, Engineers, and Land Surveyors; relating to the State Board of Registration 2
29	29	for Architects, Engineers, and Land Surveyors; relating to the practice of architecture, 3
30	30	engineering, land surveyors, and landscape architecture; relating to scope of the 4
31	31	certification requirements for architects, engineers, land surveyors, and landscape 5
32	32	architects; relating to immunity for design professionals; relating to liens for labor or 6
33	33	materials furnished; relating to the procurement of landscape architectural services; 7
34	34	and providing for an effective date." 8
35	35	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 9
36	36	* Section 1. AS 08.03.010(c)(3) is amended to read: 10
37	37	(3) State Board of Registration for Architects, Engineers, and Land 11
38	38	Surveyors (AS 08.48.011) - June 30, 2033 [2025];
39	39	12 34-LS0795\A
40	40	HB 215 -2- HB0215a
41	41	New Text Underlined [DELETED TEXT BRACKETED]
42	42
43	43	* Sec. 2. AS 08.48.011(b) is amended to read: 1
44	44	(b) The board consists of 12 [11] members appointed by the governor having 2
45	45	the qualifications as set out in AS 08.48.031. The board consists of 3
46	46	(1) two civil engineers; 4
47	47	(2) [,] two land surveyors; 5
48	48	(3) [,] one mining, petroleum, or chemical engineer; 6
49	49	(4) [,] one electrical engineer; 7
50	50	(5) one [OR] mechanical engineer; 8
51	51	(6) [,] one engineer from another branch of the profession of 9
52	52	engineering; 10
53	53	(7) [,] two architects; 11
54	54	(8) [,] one landscape architect; [,] and 12
55	55	(9) one public member. 13
56	56	* Sec. 3. AS 08.48.055(a) is amended to read: 14
57	57	(a) The department, in consultation with the board, shall employ two persons 15
58	58	who are not members of the board. One shall serve as the executive administrator of 16
59	59	the board. The other shall serve as investigator for the board. The executive 17
60	60	administrator is the principal executive officer of the board, [AND IS] in the partially 18
61	61	exempt service under AS 39.25.120, and entitled to receive a monthly salary equal 19
62	62	to a step in Range 23 on the salary schedule set out in AS 39.27.011(a). 20
63	63	* Sec. 4. AS 08.48.111 is amended to read: 21
64	64	Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 22
65	65	may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 23
66	66	corporation, limited liability company, limited liability partnership, or limited 24
67	67	partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) 25
68	68	gross negligence, incompetence, or misconduct in the practice of architecture, 26
69	69	engineering, land surveying, or landscape architecture; or (3) a violation of this 27
70	70	chapter, a regulation adopted under this chapter, or the code of ethics or professional 28
71	71	conduct as adopted by the board. The board [THE CODE OF ETHICS OR 29
72	72	PROFESSIONAL CONDUCT] shall notify registrants [BE DISTRIBUTED IN 30
73	73	WRITING TO EVERY REGISTRANT] and applicants [APPLICANT] for 31 34-LS0795\A
74	74	HB0215a -3- HB 215
75	75	New Text Underlined [DELETED TEXT BRACKETED]
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77	77	registration under this chapter of the code of ethics or professional conduct. The 1
78	78	board shall immediately notify registrants of revisions or amendments to the 2
79	79	code of ethics or professional conduct. [THIS PUBLICATION AND 3
80	80	DISTRIBUTION OF THE CODE OF ETHICS OR PROFESSIONAL CONDUCT 4
81	81	CONSTITUTES DUE NOTICE TO ALL REGISTRANTS. THE BOARD MAY 5
82	82	REVISE AND AMEND ITS CODE AND, UPON DOING SO, SHALL 6
83	83	IMMEDIATELY NOTIFY EACH REGISTRANT IN WRITING OF THE 7
84	84	REVISIONS OR AMENDMENTS.] The board may, upon petition of the registrant, 8
85	85	corporation, limited liability company, limited liability partnership, or limited 9
86	86	partnership, reissue a certificate if a majority of the members of the board vote in 10
87	87	favor of the reissuance. 11
88	88	* Sec. 5. AS 08.48.331(a) is amended to read: 12
89	89	(a) This chapter does not apply to 13
90	90	(1) a contractor performing work designed by a professional architect, 14
91	91	engineer, or landscape architect or the supervision of the construction of the work as a 15
92	92	supervisor or superintendent for a contractor; 16
93	93	(2) workers in building trades crafts, earthwork, grounds keeping, or 17
94	94	nursery operations, and superintendents, supervisors, or inspectors in the performance 18
95	95	of their customary duties; 19
96	96	(3) an officer or employee of the United States government practicing 20
97	97	architecture, engineering, land surveying, or landscape architecture as required by the 21
98	98	person's official capacity; 22
99	99	(4) an employee or a subordinate of a registrant if the work or service 23
100	100	is done under the direct supervision of a registrant; 24
101	101	(5) associates, consultants, or specialists retained by a registrant, [A] 25
102	102	partnership of registered individuals, [A] corporation, [A] limited liability company, 26
103	103	[A] limited liability partnership, or [A] limited partnership authorized to practice 27
104	104	architecture, engineering, land surveying, or landscape architecture under this chapter, 28
105	105	in the performance of professional services if responsible charge of the work remains 29
106	106	with the registrant, the partnership, or a designated representative of the corporation, 30
107	107	limited liability company, limited liability partnership, or limited partnership; 31 34-LS0795\A
108	108	HB 215 -4- HB0215a
109	109	New Text Underlined [DELETED TEXT BRACKETED]
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111	111	(6) a person preparing drawings or specifications for 1
112	112	(A) a building for the person's own use and occupancy as a 2
113	113	single family residence and related site work for that building; 3
114	114	(B) farm or ranch buildings and their grounds unless the public 4
115	115	health, safety, or welfare is involved; 5
116	116	(C) a building that is intended to be used only as a residence by 6
117	117	not more than 7
118	118	(i) four families and that is not more than two stories 8
119	119	high and the grounds of the building; or 9
120	120	(ii) two families and that is not more than three stories 10
121	121	high and the grounds of the building, if the building is located in a 11
122	122	municipality that has adopted a building or residential code that applies 12
123	123	to the building and if the building complies with the building or 13
124	124	residential code; 14
125	125	(D) a garage, workshop, or similar building that contains less 15
126	126	than 2,000 square feet of floor space to be used for a private noncommercial 16
127	127	purpose and the grounds of the building; 17
128	128	(7) a specialty contractor licensed under AS 08.18 while engaged in 18
129	129	the business of construction contracting for work designed by an architect, engineer, 19
130	130	or landscape architect that is within the specialty to be performed or supervised by the 20
131	131	specialty contractor, or a contractor preparing shop or field drawings for work that the 21
132	132	specialty contractor has contracted to perform; 22
133	133	(8) a person furnishing drawings, specifications, instruments of 23
134	134	service, or other data for alterations or repairs to a building or its grounds that do not 24
135	135	change or affect the structural system or the safety of the building, or that do not affect 25
136	136	the public health, safety, or welfare; 26
137	137	(9) a person who is employed by a postsecondary educational 27
138	138	institution to teach engineering, architectural, or landscape architectural courses; in 28
139	139	this paragraph, "postsecondary educational institution" has the meaning given in 29
140	140	AS 14.48.210; 30
141	141	(10) an officer or employee of an individual, firm, partnership, 31 34-LS0795\A
142	142	HB0215a -5- HB 215
143	143	New Text Underlined [DELETED TEXT BRACKETED]
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145	145	association, utility, corporation, limited liability company, limited liability partnership, 1
146	146	or limited partnership, who practices engineering, architecture, land surveying, or 2
147	147	landscape architecture involved in the operation of the employer's business only [, 3
148	148	AND FURTHER] if neither the employee nor the employer offers engineering, 4
149	149	architecture, land surveying, or landscape architecture services to the public; 5
150	150	exclusions under this paragraph do not apply to an officer or employee practicing 6
151	151	engineering, architecture, land surveying, or landscape architecture on 7
152	152	(A) [TO] buildings or structures whose primary use is public 8
153	153	occupancy; or 9
154	154	(B) natural gas pipelines; in this subparagraph, "natural 10
155	155	gas pipeline" has the meaning given in AS 31.25.390; 11
156	156	(11) a person while involved in revegetation, restoration, reclamation, 12
157	157	rehabilitation, or erosion control for disturbed land that the board determines does not 13
158	158	affect the public health, safety, or welfare; 14
159	159	(12) a person while maintaining or directing the placement of plant 15
160	160	material that the board determines does not affect the public health, safety, or welfare; 16
161	161	(13) an employee, officer, or agent of a regulatory agency of the state 17
162	162	or a municipality when reviewing drawings and specifications for compliance with the 18
163	163	building codes of the state or a municipality if the drawings and specifications have 19
164	164	been sealed and signed by an architect, engineer, land surveyor, or landscape architect 20
165	165	or the preparation of the drawings and specifications is exempt under this section from 21
166	166	the requirements of this chapter; in this paragraph, "building codes" includes codes 22
167	167	relating to building, mechanical, plumbing, electrical, fire safety standards, and 23
168	168	zoning; 24
169	169	(14) a person who is designing fire protection systems and is 25
170	170	authorized by the Department of Public Safety to design fire protection systems; 26
171	171	(15) a person who is 27
172	172	(A) authorized to construct, install, or modify a 28
173	173	conventional onsite wastewater system by the Department of 29
174	174	Environmental Conservation under AS 46.03.100; and 30
175	175	(B) constructing, installing, or modifying a conventional 31 34-LS0795\A
176	176	HB 215 -6- HB0215a
177	177	New Text Underlined [DELETED TEXT BRACKETED]
178	178
179	179	onsite wastewater system that serves a commercial facility and has a 1
180	180	design flow of 500 gallons of wastewater a day or less. 2
181	181	* Sec. 6. AS 08.48.331 is amended by adding a new subsection to read: 3
182	182	(c) The Department of Environmental Conservation may adopt regulations 4
183	183	limiting the locations in the state in which (a)(15) of this section applies. 5
184	184	* Sec. 7. AS 23.30.017(c)(1) is amended to read: 6
185	185	(1) "design professional" means a person registered under AS 08.48 as 7
186	186	an architect, engineer, [OR] land surveyor, or landscape architect; 8
187	187	* Sec. 8. AS 34.35.050 is amended to read: 9
188	188	Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 10
189	189	only to the extent provided under this chapter, to secure the payment of the contract 11
190	190	price if the person 12
191	191	(1) performs labor on [UPON] real property at the request of the owner 13
192	192	or the agent of the owner for the construction, alteration, or repair of a building or 14
193	193	improvement; 15
194	194	(2) is a trustee of an employee benefit trust for the benefit of 16
195	195	individuals performing labor on the building or improvement and has a direct contract 17
196	196	with the owner or the agent of the owner for direct payments into the trust; 18
197	197	(3) furnishes materials that are delivered to real property under a 19
198	198	contract with the owner or the agent of the owner that are incorporated in the 20
199	199	construction, alteration, or repair of a building or improvement; 21
200	200	(4) furnishes equipment that is delivered to and used on [UPON] real 22
201	201	property under a contract with the owner or the agent of the owner for the 23
202	202	construction, alteration, or repair of a building or improvement; 24
203	203	(5) performs services under a contract with the owner or the agent of 25
204	204	the owner in connection with the preparation of plans, surveys, or architectural, [OR] 26
205	205	engineering, or landscape architectural plans or drawings for the construction, 27
206	206	alteration, or repair of a building or improvement, whether or not actually 28
207	207	implemented on that property; or 29
208	208	(6) is a general contractor. 30
209	209	* Sec. 9. AS 36.30.270(a) is amended to read: 31 34-LS0795\A
210	210	HB0215a -7- HB 215
211	211	New Text Underlined [DELETED TEXT BRACKETED]
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213	213	(a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a 1
214	214	procurement officer shall negotiate a contract for an agency with the most qualified 2
215	215	and suitable firm or person of demonstrated competence for architectural, engineering, 3
216	216	[OR] land surveying, or landscape architectural services. The procurement officer 4
217	217	shall award a contract for those services at fair and reasonable compensation as 5
218	218	determined by the procurement officer, after consideration of the estimated value of 6
219	219	the services to be rendered, and the scope, complexity, and professional nature of the 7
220	220	services. When determining the most qualified and suitable firm or person, the 8
221	221	procurement officer shall consider the 9
222	222	(1) proximity to the project site of the office of the firm or person 10
223	223	unless federal law prohibits this factor from being considered in the awarding of the 11
224	224	contract; and 12
225	225	(2) employment practices of the firm or person with regard to women 13
226	226	and minorities. 14
227	227	* Sec. 10. AS 36.30.270(d) is amended to read: 15
228	228	(d) Notwithstanding the other provisions of this section, a procurement officer 16
229	229	may include price as an added factor in selecting architectural, engineering, [AND] 17
230	230	land surveying, and landscape architectural services when, in the judgment of the 18
231	231	procurement officer, the services required are repetitious in nature, and the scope, 19
232	232	nature, and amount of services required are thoroughly defined by measurable and 20
233	233	objective standards to reasonably enable firms or persons making proposals to 21
234	234	compete with a clear understanding and interpretation of the services required. In 22
235	235	order to include price as a factor in selection, a majority of the persons involved by the 23
236	236	procurement officer in evaluation of the proposals must be registered in the state to 24
237	237	perform architectural, engineering, [OR] land surveying, or landscape architectural 25
238	238	services. 26
239	239	* Sec. 11. AS 36.30.305(e) is amended to read: 27
240	240	(e) Architectural, engineering, [AND] land survey, and landscape 28
241	241	architectural contracts under AS 36.30.270 may not be made under this section. 29
242	242	* Sec. 12. AS 08.48.011(c) is repealed. 30
243	243	* Sec. 13. This Act takes effect July 1, 2025. 31