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SB 320: "An Act relating to occupational licensing boards and commissions; and relating to architects, engineers, and land surveyors."

00SENATE BILL NO. 320 01 "An Act relating to occupational licensing boards and commissions; and relating 02 to architects, engineers, and land surveyors." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.035 is amended to read: 05  Sec. 08.01.035. APPOINTMENTS AND TERMS. Members of boards subject 06 to this chapter are appointed for staggered terms of four years. A member of a board 07 serves until a successor is appointed. An appointment to fill a vacancy on a board is 08 for the remainder of the unexpired term. A member who has served all [OR PART] 09 of two successive terms on a board may not be reappointed to that board unless four 10 years have elapsed since the person has last served on the board. For purposes of 11 this section, a person who serves for two years or more of a term shall be 12 considered as having served a full term. 13 * Sec. 2. AS 08.48.011(b) is amended to read: 14  (b) The board consists of nine members appointed by the governor having the

01 qualifications as set out in AS 08.48.031. The board consists of two civil engineers, 02 three [ONE LAND SURVEYOR, ONE MINING ENGINEER, TWO] engineers from 03 other branches of the profession of engineering, two architects, one land surveyor, and 04 one public member. 05 * Sec. 3. AS 08.48.041 is amended to read: 06  Sec. 08.48.041. REMOVAL OF MEMBERS. The governor may remove a 07 member of the board only for misconduct, incompetency, or neglect of duty. 08 * Sec. 4. AS 08.48.171 is amended to read: 09  Sec. 08.48.171. GENERAL REQUIREMENTS AND QUALIFICATIONS FOR 10 REGISTRATION. An applicant for registration as an architect, engineer, or land 11 surveyor must be of good character and reputation and shall submit evidence 12 satisfactory to the board of the applicant's education, training, and experience. 13 [HOWEVER, AN APPLICANT FOR REGISTRATION AS A LAND SURVEYOR 14 MAY NOT BE REQUIRED TO SUBMIT EVIDENCE OF MORE THAN EIGHT 15 YEARS OF ANY COMBINATION OF EDUCATION, EXPERIENCE, OR 16 TRAINING.] 17 * Sec. 5. AS 08.48.191(b) is amended to read: 18  (b) A person holding a certificate of registration authorizing the person to 19 practice engineering in a state, territory, or possession of the United States, the District 20 of Columbia, or a foreign country, that, in the opinion of the board meets the 21 requirements of this chapter, based on verified evidence, may, upon application, be 22 registered in accordance with regulations of the board. [A PERSON HOLDING A 23 CERTIFICATE OF QUALIFICATION ISSUED BY THE NATIONAL COUNCIL OF 24 ENGINEERING EXAMINERS COMMITTEE ON NATIONAL ENGINEERING 25 CERTIFICATION MAY, UPON APPLICATION, BE REGISTERED IN 26 ACCORDANCE WITH THE REGULATIONS OF THE BOARD.] 27 * Sec. 6. AS 08.48.321 is amended to read: 28  Sec. 08.48.321. EVIDENCE OF PRACTICE. A person practices or offers to 29 practice architecture, engineering, or land surveying who 30  (1) practices a branch of the profession of architecture, engineering, or 31 land surveying as defined in AS 08.48.341;

01  (2) by verbal claim, sign, advertisement, letterhead, card, or other 02 means represents to be an architect, engineer, or land surveyor, or through the use of 03 some other title implies that the person is an architect, engineer, or land surveyor; or 04  (3) holds out as able to perform or who does perform an architectural, 05 engineering, or land surveying service recognized by the professions covered by this 06 chapter, and specified in regulations of the board, as architectural, engineering, or land 07 surveying. 08 * Sec. 7. AS 08.48.331 is amended to read: 09  Sec. 08.48.331. EXEMPTIONS. This chapter does not apply to 10  (1) a contractor performing work designed by a professional architect 11 or engineer or the supervision of the construction of the work as a supervisor or 12 superintendent for a contractor; 13  (2) workers in building trades crafts, superintendents, supervisors, or 14 inspectors in the performance of their customary duties; 15  (3) an officer or employee of the United States government practicing 16 architecture, engineering, or land surveying as required by the person's official 17 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, or a corporation authorized to 23 practice architecture, engineering, or land surveying under this chapter, in the 24 performance of professional services if responsible charge of the work remains with 25 the individual, the partnership, or a designated representative of the corporation; 26  (6) a person preparing drawings or specifications for 27  (A) a building for the person's own use and occupancy as a 28 single family residence; 29  (B) farm or ranch buildings, unless the public health, safety, or 30 welfare is involved; 31  (C) a building that is intended to be used only as a residence

01 by not more than four families and that is not more than two stories high; 02  (D) a garage, workshop, or similar building that contains less 03 than 2,000 square feet of floor space to be used for a private noncommercial 04 purpose; 05  (7) a specialty contractor licensed under AS 08.18 while engaged in the 06 business of construction contracting or designing systems for work within the specialty 07 to be performed or supervised by the specialty contractor, or a contractor preparing 08 shop or field drawings for work that the specialty contractor has contracted to perform; 09  (8) a person furnishing drawings, specifications, instruments of service, 10 or other data for alterations or repairs to a building that do not change or affect the 11 structural system or the safety of the building, or that do not affect the public health, 12 safety, or welfare; 13  (9) a person who is employed by a postsecondary educational 14 institution to teach engineering or [,] architectural [, OR LAND SURVEYING] 15 courses; in this paragraph, "postsecondary educational institution" has the meaning 16 given in AS 14.48.210. 17 * Sec. 8. AS 08.48.341(10) is amended to read: 18  (10) "practice of land surveying" means the teaching of land 19 surveying courses at an institution of higher learning, or any service or work the 20 adequate performance of which involves the application of special knowledge of the 21 principles of mathematics, the related sciences, and the relevant requirements of law 22 for adequate evidence of the act of measuring and locating land, geodetic and cadastral 23 surveys for the location and monumentation of property boundaries, for the platting 24 and planning of land and subdivisions, including the topography, alignment, and 25 grades for streets, and for the preparation and perpetuation of maps, record plats, field 26 note records, and property descriptions that represent these surveys;