SCS HB 130(L&C): "An Act adding limited liability companies and limited liability partnerships to the organizations that can be authorized to practice architecture, engineering, land surveying, and landscape architecture; relating to the review of drawings and specifications for compliance with building codes; and relating to state and municipal contracts for architectural, engineering, land surveying, and landscape architectural services."
00SENATE CS FOR HOUSE BILL NO. 130(L&C) 01 "An Act adding limited liability companies and limited liability partnerships to the 02 organizations that can be authorized to practice architecture, engineering, land 03 surveying, and landscape architecture; relating to the review of drawings and 04 specifications for compliance with building codes; and relating to state and 05 municipal contracts for architectural, engineering, land surveying, and landscape 06 architectural services." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.48.101(a) is amended to read: 09 (a) The board may adopt regulations to carry out the purpose of this chapter, 10 including [, BUT NOT LIMITED TO] 11 (1) describing the contents of an examination; 12 (2) establishing the conduct of an examination; 13 (3) establishing a minimum score for passing an examination; 14 (4) establishing bylaws governing its meetings and activities;
01 (5) publishing a code of ethics or professional conduct for those 02 persons regulated by this chapter, including corporations , limited liability companies, 03 and limited liability partnerships under AS 08.48.241. 04 * Sec. 2. AS 08.48.111 is amended to read: 05 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 06 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant , 07 [OR] corporation , limited liability company, or limited liability partnership who is 08 found guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, 09 incompetence, or misconduct in the practice of architecture, engineering, land 10 surveying, or landscape architecture; or (3) a violation of this chapter, a regulation 11 adopted under this chapter, or the code of ethics or professional conduct as adopted 12 by the board. The code of ethics or professional conduct shall be distributed in writing 13 to every registrant and applicant for registration under this chapter. This publication 14 and distribution of the code of ethics or professional conduct constitutes due notice to 15 all registrants. The board may revise and amend its code and, upon doing so, shall 16 immediately notify each registrant in writing of the revisions or amendments. The 17 board may, upon petition of the registrant , [OR] corporation, limited liability 18 company, or limited liability partnership, reissue a certificate if a majority of the 19 members of the board vote in favor of the reissuance. 20 * Sec. 3. AS 08.48.231(a) is amended to read: 21 (a) To remain valid, certificates shall be renewed in accordance with 22 AS 08.01.100. Notice of renewal dates, given under AS 08.01.050(a)(11), shall be 23 mailed to the registrant , [OR] corporation , limited liability company, or limited 24 liability partnership at the registrant's , [OR] corporation's , limited liability 25 company's, or limited liability partnership's last known address at least one month 26 in advance of the date of the expiration of the certificate. If the certificate has been 27 suspended or revoked, the board may take action independent of this section. 28 * Sec. 4. AS 08.48.241 is amended to read: 29 Sec. 08.48.241. Corporations , limited liability companies, and limited 30 liability partnerships . (a) This chapter does not prevent a corporation , limited 31 liability company, or limited liability partnership from offering architectural,
01 engineering, land surveying, or landscape architectural services; however, the 02 corporation , limited liability company, or limited liability partnership shall file with 03 the board 04 (1) an application for a certificate of authorization upon a form to be 05 prescribed by the board and containing information required to enable the board to 06 determine whether the corporation , limited liability company, or limited liability 07 partnership is qualified in accordance with the provisions of this chapter to offer to 08 practice architecture, engineering, land surveying, or landscape architecture in this 09 state; 10 (2) a certified copy of a resolution of the board of directors of the 11 corporation , the managing members or manager of the limited liability company, 12 or the general partners of a limited liability partnership designating persons 13 holding certificates of registration under this chapter as responsible for the practice of 14 architecture, engineering, land surveying, or landscape architecture by the corporation , 15 limited liability company, or limited liability partnership in this state and providing 16 that full authority to make all final architectural, engineering, land surveying, or 17 landscape architectural decisions on behalf of the corporation , limited liability 18 company, or limited liability partnership with respect to work performed by the 19 corporation , limited liability company, or limited liability partnership in this state 20 is granted by the board of directors of the corporation, the managing members or 21 manager of the limited liability company, or the general partners of the limited 22 liability partnership to the persons designated in the resolution; however, the filing 23 of this resolution does not relieve the corporation , limited liability company, or 24 limited liability partnership of any responsibility or liability imposed upon it by law 25 or by contract; 26 (3) a designation in writing setting out the name of one or more 27 persons holding certificates of registration under this chapter who are in responsible 28 charge of each major branch of the architectural, engineering, land surveying, or 29 landscape architectural activities in which the corporation , limited liability company, 30 or limited liability partnership specializes in this state; if a change is made in the 31 person in responsible charge of a major branch of the architectural, engineering, land
01 surveying, or landscape architectural activities, the change shall be designated in 02 writing and filed with the board within 30 days after the effective date of the change. 03 (b) Upon filing with the board the application for certificate of authorization, 04 certified copy of resolution, affidavit, and designation of persons specified in this 05 section, the board shall, subject to (c) of this section, issue to the corporation , limited 06 liability company, or limited liability partnership a certificate of authorization to 07 practice architecture, engineering, land surveying, or landscape architecture in this state 08 upon a determination by the board that 09 (1) the bylaws of the corporation , the articles of organization or 10 operating agreement of the limited liability company, or the partnership 11 agreement of the limited liability partnership contain provisions that all 12 architectural, engineering, land surveying, or landscape architectural decisions 13 pertaining to architectural, engineering, land surveying, or landscape architectural 14 activities in this state will be made by the specified architect, engineer, land surveyor, 15 or landscape architect in responsible charge, or other registered architects, engineers, 16 land surveyors, or landscape architects under the direction or supervision of the 17 architect, engineer, land surveyor, or landscape architect in responsible charge; 18 (2) the application for certificate of authorization states the type of 19 architecture, engineering, land surveying, or landscape architecture practiced or to be 20 practiced by the corporation , limited liability company, or limited liability 21 partnership ; 22 (3) the applicant corporation , limited liability company, or limited 23 liability partnership has the ability to provide architectural, engineering, land 24 surveying, or landscape architectural services; 25 (4) the application for certificate of authorization states the professional 26 records of the designated person who is in responsible charge of each major branch of 27 architectural, engineering, land surveying, or landscape architectural activities in which 28 the corporation , limited liability company, or limited liability partnership 29 specializes; 30 (5) the application for certificate of authorization states the experience , 31 if any, of the corporation , limited liability company, or limited liability partnership
01 [, IF ANY,] in furnishing architectural, engineering, land surveying, or landscape 02 architectural services during the preceding five-year period; 03 (6) the applicant corporation , limited liability company, or limited 04 liability partnership meets other requirements related to professional competence in 05 the furnishing of architectural, engineering, land surveying, or landscape architectural 06 services as may be adopted by the board in furtherance of the objectives and 07 provisions of this chapter. 08 (c) The board may, in the exercise of its discretion, refuse to issue, or may 09 suspend or revoke a certificate of authorization to a corporation , limited liability 10 company, or limited liability partnership if the board finds that any of the 11 corporation's officers, directors, or incorporators, any of [OR] the stockholders 12 holding a majority of the stock of the corporation , any of the limited liability 13 company's organizers, managers, or managing members, or any of the limited 14 liability partnership's general partners has committed misconduct or malpractice, 15 or has been found personally responsible for misconduct or malpractice under the 16 provisions of this chapter. 17 (d) The certificate of authorization must [SHALL] specify the major branches 18 of architecture, engineering, land surveying, or landscape architecture of which the 19 corporation , limited liability company, or limited liability partnership has 20 designated a person in responsible charge as provided in this section. The certificate 21 of authorization shall be conspicuously displayed in the place of business of the 22 corporation , limited liability company, or limited liability partnership , together with 23 the names of persons designated as being in responsible charge of the professional 24 activities. 25 (e) If a corporation, limited liability company, or limited liability 26 partnership that is organized solely by either a group of architects, a group of 27 engineers, a group of land surveyors, or a group of landscape architects, each holding 28 a certificate of registration under this chapter, applies for a certificate of authorization, 29 the board may, in its discretion, grant a certificate of authorization to the corporation , 30 limited liability company, or limited liability partnership based on a review of the 31 professional records of the incorporators of the corporation, organizers of the limited
01 liability company, or partners who formed the limited liability partnership [,] in 02 place of the required qualifications set out in this section. If the ownership of the 03 corporation is altered , the membership of the limited liability company is altered, 04 or the partners of the limited liability partnership change , the corporation , limited 05 liability company, or limited liability partnership shall apply for a revised certificate 06 of authorization, based upon the professional records of the owners of the 07 corporation, the members of the limited liability company, or the partners of the 08 limited liability partnership , if exclusively architects, engineers, land surveyors, or 09 landscape architects, or otherwise under the qualifications required by (b)(1) - (4) of 10 this section. 11 (f) A corporation , limited liability company, or a limited liability 12 partnership authorized to offer architectural, engineering, land surveying, or landscape 13 architectural services under this chapter, together with its directors , [AND] officers , 14 managing members, manager, and partners for their own individual acts, is 15 responsible to the same degree as the designated individual registered architect, 16 engineer, land surveyor, or landscape architect, and shall conduct its business without 17 misconduct or malpractice in the practice of architecture, engineering, land surveying, 18 or landscape architecture as defined in this chapter. 19 (g) If the board, after a proper hearing, finds that a corporation , limited 20 liability company, or limited liability partnership holding a certificate of 21 authorization has committed misconduct or malpractice, the board shall suspend or 22 revoke the certificate of authorization. The board shall also suspend or revoke the 23 certificate of registration of any registered individual architect, engineer, land surveyor, 24 or landscape architect who, after a proper hearing, is found by the board to have 25 participated in committing the misconduct or malpractice. 26 (h) Drawings, specifications, designs, and reports, when issued in connection 27 with work performed by a corporation , limited liability company, or limited liability 28 partnership under its certificate of authorization, shall be prepared by or under the 29 responsible charge of and shall be signed by and [SHALL BE] stamped with the 30 official seal of a person holding a certificate of registration under this chapter. 31 (i) [Repealed].
01 * Sec. 5. AS 08.48.241 is amended by adding a new subsection to read: 02 (j) In this section, 03 (1) "manager" has the meaning given in AS 10.50.990; 04 (2) "managing member" has the meaning given in AS 10.50.990. 05 * Sec. 6. AS 08.48.251 is amended to read: 06 Sec. 08.48.251. Certain partnerships [PARTNERSHIPS]. This chapter does 07 not prevent the practice of architecture, engineering, land surveying, or landscape 08 architecture by a partnership if all of the members of the partnership are architects, 09 engineers, land surveyors, or landscape architects legally registered under this chapter. 10 In this section, "partnership" does not include a limited liability partnership. 11 * Sec. 7. AS 08.48.281(a) is amended to read: 12 (a) A person may not practice or offer to practice the profession of 13 architecture, engineering, land surveying, or landscape architecture in the state, or use 14 in connection with the person's name or otherwise assume or advertise a title or 15 description tending to convey the impression that the person is an architect, an 16 engineer, a land surveyor, or a landscape architect, unless the person has been 17 registered under the provisions of this chapter or is a person to whom these provisions 18 do not apply, or, in the case of a corporation , limited liability company, or limited 19 liability partnership , unless it has been authorized under this chapter. 20 * Sec. 8. AS 08.48.331(a) is amended to read: 21 (a) This chapter does not apply to 22 (1) a contractor performing work designed by a professional architect, 23 engineer, or landscape architect or the supervision of the construction of the work as 24 a supervisor or superintendent for a contractor; 25 (2) workers in building trades crafts, earthwork, grounds keeping, or 26 nursery operations, and superintendents, supervisors, or inspectors in the performance 27 of their customary duties; 28 (3) an officer or employee of the United States government practicing 29 architecture, engineering, land surveying, or landscape architecture as required by the 30 person's official capacity; 31 (4) an employee or a subordinate of a person registered under this
01 chapter if the work or service is done under the direct supervision of a person 02 registered under this chapter; 03 (5) associates, consultants, or specialists retained by a registered 04 individual, a partnership of registered individuals, [OR] a corporation , a limited 05 liability company, or a limited liability partnership authorized to practice 06 architecture, engineering, land surveying, or landscape architecture under this chapter, 07 in the performance of professional services if responsible charge of the work remains 08 with the individual, the partnership, or a designated representative of the corporation , 09 limited liability company, or limited liability partnership ; 10 (6) a person preparing drawings or specifications for 11 (A) a building for the person's own use and occupancy as a 12 single family residence and related site work for that building; 13 (B) farm or ranch buildings and their grounds [,] unless the 14 public health, safety, or welfare is involved; 15 (C) a building that is intended to be used only as a residence 16 by not more than four families and that is not more than two stories high and 17 the grounds of the building; 18 (D) a garage, workshop, or similar building that contains less 19 than 2,000 square feet of floor space to be used for a private noncommercial 20 purpose and the grounds of the building; 21 (7) a specialty contractor licensed under AS 08.18 while engaged in the 22 business of construction contracting or designing systems for work within the specialty 23 to be performed or supervised by the specialty contractor, or a contractor preparing 24 shop or field drawings for work that the specialty contractor has contracted to perform; 25 (8) a person furnishing drawings, specifications, instruments of service, 26 or other data for alterations or repairs to a building or its grounds that do not change 27 or affect the structural system or the safety of the building, or that do not affect the 28 public health, safety, or welfare; 29 (9) a person who is employed by a postsecondary educational 30 institution to teach engineering, architectural, or landscape architectural courses; in this 31 paragraph, "postsecondary educational institution" has the meaning given in
01 AS 14.48.210; 02 (10) an officer or employee of an individual, firm, partnership, 03 association, utility, [OR] corporation, limited liability company, or limited liability 04 partnership, who practices engineering involved in the operation of the employer's 05 business only, and further provided that neither the employee nor the employer offers 06 engineering services to the public; exclusions under this paragraph do not apply to 07 buildings or structures whose primary use is public occupancy; 08 (11) a person while involved in revegetation, restoration, reclamation, 09 rehabilitation, or erosion control for disturbed land; 10 (12) a person while maintaining or directing the placement of plant 11 material ; 12 (13) an employee, officer, or agent of a regulatory agency of the 13 state or a municipality when reviewing drawings and specifications for compliance 14 with the building codes of the state or a municipality if the drawings and 15 specifications have been signed and sealed by a professional architect or 16 professional engineer or the preparation of the drawings and specifications is 17 exempt under this section from the requirements of this chapter; in this 18 paragraph, "building codes" includes codes relating to building, mechanical, 19 plumbing, electrical, and fire standards . 20 * Sec. 9. AS 08.48.341(4) is amended to read: 21 (4) "certificate of authorization" means a certificate issued by the board 22 authorizing a corporation , a limited liability company, or a limited liability 23 partnership to provide professional services in architecture, engineering, land 24 surveying, or landscape architecture through individuals legally registered by the board; 25 * Sec. 10. AS 08.48.341 is amended by adding new paragraphs to read: 26 (19) "limited liability company" means an organization organized under 27 AS 10.50 or a foreign limited liability company; in this paragraph, "foreign limited 28 liability company" has the meaning given in AS 10.50.990; 29 (20) "limited liability partnership" means an organization registered 30 under AS 32.05.415 or a foreign limited liability partnership; in this paragraph, 31 "foreign limited liability partnership" has the meaning given in AS 32.05.990.
01 * Sec. 11. AS 36.90.100 is amended to read: 02 Sec. 36.90.100. Contracts for architectural, engineering, [OR] land 03 surveying , or landscape architectural services. The state or a municipality may not 04 award a contract for architectural, engineering, [OR] land surveying , or landscape 05 architectural services to 06 (1) an individual who is not registered under AS 08.48 to perform the 07 architectural, engineering, [OR] land surveying , or landscape architectural services 08 required by the contract; 09 (2) a partnership , except as provided by (3) of this section, that is not 10 qualified under AS 08.48.251 to provide the architectural, engineering, [OR] land 11 surveying , or landscape architectural services required by the contract; or 12 (3) a corporation , limited liability company, or limited liability 13 partnership that is not authorized under AS 08.48.241 to offer the architectural, 14 engineering, [OR] land surveying , or landscape architectural services required by the 15 contract.