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HOUSE BILL NO. 215
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE SADDLER
Introduced: 4/30/25
Referred: Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
"An Act extending the termination date of the State Board of Registration for 1
Architects, Engineers, and Land Surveyors; relating to the State Board of Registration 2
for Architects, Engineers, and Land Surveyors; relating to the practice of architecture, 3
engineering, land surveyors, and landscape architecture; relating to scope of the 4
certification requirements for architects, engineers, land surveyors, and landscape 5
architects; relating to immunity for design professionals; relating to liens for labor or 6
materials furnished; relating to the procurement of landscape architectural services; 7
and providing for an effective date." 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 9
* Section 1. AS 08.03.010(c)(3) is amended to read: 10
(3) State Board of Registration for Architects, Engineers, and Land 11
Surveyors (AS 08.48.011) - June 30, 2033 [2025];
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* Sec. 2. AS 08.48.011(b) is amended to read: 1
(b) The board consists of 12 [11] members appointed by the governor having 2
the qualifications as set out in AS 08.48.031. The board consists of 3
(1) two civil engineers; 4
(2) [,] two land surveyors; 5
(3) [,] one mining, petroleum, or chemical engineer; 6
(4) [,] one electrical engineer; 7
(5) one [OR] mechanical engineer; 8
(6) [,] one engineer from another branch of the profession of 9
engineering; 10
(7) [,] two architects; 11
(8) [,] one landscape architect; [,] and 12
(9) one public member. 13
* Sec. 3. AS 08.48.055(a) is amended to read: 14
(a) The department, in consultation with the board, shall employ two persons 15
who are not members of the board. One shall serve as the executive administrator of 16
the board. The other shall serve as investigator for the board. The executive 17
administrator is the principal executive officer of the board, [AND IS] in the partially 18
exempt service under AS 39.25.120, and entitled to receive a monthly salary equal 19
to a step in Range 23 on the salary schedule set out in AS 39.27.011(a). 20
* Sec. 4. AS 08.48.111 is amended to read: 21
Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 22
may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 23
corporation, limited liability company, limited liability partnership, or limited 24
partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) 25
gross negligence, incompetence, or misconduct in the practice of architecture, 26
engineering, land surveying, or landscape architecture; or (3) a violation of this 27
chapter, a regulation adopted under this chapter, or the code of ethics or professional 28
conduct as adopted by the board. The board [THE CODE OF ETHICS OR 29
PROFESSIONAL CONDUCT] shall notify registrants [BE DISTRIBUTED IN 30
WRITING TO EVERY REGISTRANT] and applicants [APPLICANT] for 31 34-LS0795\A
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registration under this chapter of the code of ethics or professional conduct. The 1
board shall immediately notify registrants of revisions or amendments to the 2
code of ethics or professional conduct. [THIS PUBLICATION AND 3
DISTRIBUTION OF THE CODE OF ETHICS OR PROFESSIONAL CONDUCT 4
CONSTITUTES DUE NOTICE TO ALL REGISTRANTS. THE BOARD MAY 5
REVISE AND AMEND ITS CODE AND, UPON DOING SO, SHALL 6
IMMEDIATELY NOTIFY EACH REGISTRANT IN WRITING OF THE 7
REVISIONS OR AMENDMENTS.] The board may, upon petition of the registrant, 8
corporation, limited liability company, limited liability partnership, or limited 9
partnership, reissue a certificate if a majority of the members of the board vote in 10
favor of the reissuance. 11
* Sec. 5. AS 08.48.331(a) is amended to read: 12
(a) This chapter does not apply to 13
(1) a contractor performing work designed by a professional architect, 14
engineer, or landscape architect or the supervision of the construction of the work as a 15
supervisor or superintendent for a contractor; 16
(2) workers in building trades crafts, earthwork, grounds keeping, or 17
nursery operations, and superintendents, supervisors, or inspectors in the performance 18
of their customary duties; 19
(3) an officer or employee of the United States government practicing 20
architecture, engineering, land surveying, or landscape architecture as required by the 21
person's official capacity; 22
(4) an employee or a subordinate of a registrant if the work or service 23
is done under the direct supervision of a registrant; 24
(5) associates, consultants, or specialists retained by a registrant, [A] 25
partnership of registered individuals, [A] corporation, [A] limited liability company, 26
[A] limited liability partnership, or [A] limited partnership authorized to practice 27
architecture, engineering, land surveying, or landscape architecture under this chapter, 28
in the performance of professional services if responsible charge of the work remains 29
with the registrant, the partnership, or a designated representative of the corporation, 30
limited liability company, limited liability partnership, or limited partnership; 31 34-LS0795\A
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(6) a person preparing drawings or specifications for 1
(A) a building for the person's own use and occupancy as a 2
single family residence and related site work for that building; 3
(B) farm or ranch buildings and their grounds unless the public 4
health, safety, or welfare is involved; 5
(C) a building that is intended to be used only as a residence by 6
not more than 7
(i) four families and that is not more than two stories 8
high and the grounds of the building; or 9
(ii) two families and that is not more than three stories 10
high and the grounds of the building, if the building is located in a 11
municipality that has adopted a building or residential code that applies 12
to the building and if the building complies with the building or 13
residential code; 14
(D) a garage, workshop, or similar building that contains less 15
than 2,000 square feet of floor space to be used for a private noncommercial 16
purpose and the grounds of the building; 17
(7) a specialty contractor licensed under AS 08.18 while engaged in 18
the business of construction contracting for work designed by an architect, engineer, 19
or landscape architect that is within the specialty to be performed or supervised by the 20
specialty contractor, or a contractor preparing shop or field drawings for work that the 21
specialty contractor has contracted to perform; 22
(8) a person furnishing drawings, specifications, instruments of 23
service, or other data for alterations or repairs to a building or its grounds that do not 24
change or affect the structural system or the safety of the building, or that do not affect 25
the public health, safety, or welfare; 26
(9) a person who is employed by a postsecondary educational 27
institution to teach engineering, architectural, or landscape architectural courses; in 28
this paragraph, "postsecondary educational institution" has the meaning given in 29
AS 14.48.210; 30
(10) an officer or employee of an individual, firm, partnership, 31 34-LS0795\A
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association, utility, corporation, limited liability company, limited liability partnership, 1
or limited partnership, who practices engineering, architecture, land surveying, or 2
landscape architecture involved in the operation of the employer's business only [, 3
AND FURTHER] if neither the employee nor the employer offers engineering, 4
architecture, land surveying, or landscape architecture services to the public; 5
exclusions under this paragraph do not apply to an officer or employee practicing 6
engineering, architecture, land surveying, or landscape architecture on 7
(A) [TO] buildings or structures whose primary use is public 8
occupancy; or 9
(B) natural gas pipelines; in this subparagraph, "natural 10
gas pipeline" has the meaning given in AS 31.25.390; 11
(11) a person while involved in revegetation, restoration, reclamation, 12
rehabilitation, or erosion control for disturbed land that the board determines does not 13
affect the public health, safety, or welfare; 14
(12) a person while maintaining or directing the placement of plant 15
material that the board determines does not affect the public health, safety, or welfare; 16
(13) an employee, officer, or agent of a regulatory agency of the state 17
or a municipality when reviewing drawings and specifications for compliance with the 18
building codes of the state or a municipality if the drawings and specifications have 19
been sealed and signed by an architect, engineer, land surveyor, or landscape architect 20
or the preparation of the drawings and specifications is exempt under this section from 21
the requirements of this chapter; in this paragraph, "building codes" includes codes 22
relating to building, mechanical, plumbing, electrical, fire safety standards, and 23
zoning; 24
(14) a person who is designing fire protection systems and is 25
authorized by the Department of Public Safety to design fire protection systems; 26
(15) a person who is 27
(A) authorized to construct, install, or modify a 28
conventional onsite wastewater system by the Department of 29
Environmental Conservation under AS 46.03.100; and 30
(B) constructing, installing, or modifying a conventional 31 34-LS0795\A
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onsite wastewater system that serves a commercial facility and has a 1
design flow of 500 gallons of wastewater a day or less. 2
* Sec. 6. AS 08.48.331 is amended by adding a new subsection to read: 3
(c) The Department of Environmental Conservation may adopt regulations 4
limiting the locations in the state in which (a)(15) of this section applies. 5
* Sec. 7. AS 23.30.017(c)(1) is amended to read: 6
(1) "design professional" means a person registered under AS 08.48 as 7
an architect, engineer, [OR] land surveyor, or landscape architect; 8
* Sec. 8. AS 34.35.050 is amended to read: 9
Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 10
only to the extent provided under this chapter, to secure the payment of the contract 11
price if the person 12
(1) performs labor on [UPON] real property at the request of the owner 13
or the agent of the owner for the construction, alteration, or repair of a building or 14
improvement; 15
(2) is a trustee of an employee benefit trust for the benefit of 16
individuals performing labor on the building or improvement and has a direct contract 17
with the owner or the agent of the owner for direct payments into the trust; 18
(3) furnishes materials that are delivered to real property under a 19
contract with the owner or the agent of the owner that are incorporated in the 20
construction, alteration, or repair of a building or improvement; 21
(4) furnishes equipment that is delivered to and used on [UPON] real 22
property under a contract with the owner or the agent of the owner for the 23
construction, alteration, or repair of a building or improvement; 24
(5) performs services under a contract with the owner or the agent of 25
the owner in connection with the preparation of plans, surveys, or architectural, [OR] 26
engineering, or landscape architectural plans or drawings for the construction, 27
alteration, or repair of a building or improvement, whether or not actually 28
implemented on that property; or 29
(6) is a general contractor. 30
* Sec. 9. AS 36.30.270(a) is amended to read: 31 34-LS0795\A
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(a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a 1
procurement officer shall negotiate a contract for an agency with the most qualified 2
and suitable firm or person of demonstrated competence for architectural, engineering, 3
[OR] land surveying, or landscape architectural services. The procurement officer 4
shall award a contract for those services at fair and reasonable compensation as 5
determined by the procurement officer, after consideration of the estimated value of 6
the services to be rendered, and the scope, complexity, and professional nature of the 7
services. When determining the most qualified and suitable firm or person, the 8
procurement officer shall consider the 9
(1) proximity to the project site of the office of the firm or person 10
unless federal law prohibits this factor from being considered in the awarding of the 11
contract; and 12
(2) employment practices of the firm or person with regard to women 13
and minorities. 14
* Sec. 10. AS 36.30.270(d) is amended to read: 15
(d) Notwithstanding the other provisions of this section, a procurement officer 16
may include price as an added factor in selecting architectural, engineering, [AND] 17
land surveying, and landscape architectural services when, in the judgment of the 18
procurement officer, the services required are repetitious in nature, and the scope, 19
nature, and amount of services required are thoroughly defined by measurable and 20
objective standards to reasonably enable firms or persons making proposals to 21
compete with a clear understanding and interpretation of the services required. In 22
order to include price as a factor in selection, a majority of the persons involved by the 23
procurement officer in evaluation of the proposals must be registered in the state to 24
perform architectural, engineering, [OR] land surveying, or landscape architectural 25
services. 26
* Sec. 11. AS 36.30.305(e) is amended to read: 27
(e) Architectural, engineering, [AND] land survey, and landscape 28
architectural contracts under AS 36.30.270 may not be made under this section. 29
* Sec. 12. AS 08.48.011(c) is repealed. 30
* Sec. 13. This Act takes effect July 1, 2025. 31