HB 291: "An Act relating to commercial interior designers and commercial interior design; establishing registration and other requirements for the practice of professional commercial interior design; relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to liens for labor or materials furnished; relating to the procurement of commercial interior design services; and providing for an effective date."
00 HOUSE BILL NO. 291 01 "An Act relating to commercial interior designers and commercial interior design; 02 establishing registration and other requirements for the practice of professional 03 commercial interior design; relating to the State Board of Registration for Architects, 04 Engineers, and Land Surveyors; relating to liens for labor or materials furnished; 05 relating to the procurement of commercial interior design services; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.01.010(3) is amended to read: 09 (3) State Board of Registration for Architects, Engineers, [AND] Land 10 Surveyors, Landscape Architects, and Commercial Interior Designers 11 (AS 08.48.011); 12 * Sec. 2. AS 08.01.065(f) is amended to read: 13 (f) Notwithstanding (c) of this section, the department shall establish fee levels
01 under (a) of this section so that the total amount of fees collected by the State Board of 02 Registration for Architects, Engineers, [AND] Land Surveyors, Landscape 03 Architects, and Commercial Interior Designers approximately equals the total 04 regulatory costs of the department and the board for all occupations regulated by the 05 board. The department shall set the fee levels for the issuance and renewal of a 06 certificate of registration issued under AS 08.48.211 so that the fee levels are the same 07 for all occupations regulated by the board. 08 * Sec. 3. AS 08.03.010(c)(3) is amended to read: 09 (3) State Board of Registration for Architects, Engineers, [AND] Land 10 Surveyors, Landscape Architects, and Commercial Interior Designers 11 (AS 08.48.011) - June 30, 2025; 12 * Sec. 4. AS 08.48.011(a) is amended to read: 13 (a) There is created the State Board of Registration for Architects, Engineers, 14 [AND] Land Surveyors, Landscape Architects, and Commercial Interior 15 Designers. The board shall administer the provisions of this chapter and comply with 16 AS 44.62 (Administrative Procedure Act). 17 * Sec. 5. AS 08.48.011(b) is amended to read: 18 (b) The board consists of 13 [11] members appointed by the governor having 19 the qualifications as set out in AS 08.48.031. The board consists of two civil 20 engineers, two land surveyors, one mining engineer, one electrical engineer, one [OR] 21 mechanical engineer, one engineer from another branch of the profession of 22 engineering, two architects, one landscape architect, one commercial interior 23 designer, and one public member. 24 * Sec. 6. AS 08.48.061(c) is amended to read: 25 (c) The board may make expenditures from appropriated funds for any 26 purpose that is reasonably necessary for the proper performance of its duties under this 27 chapter. This may include the expenses of the board delegates to attend meetings of 28 councils of architect examiners, engineering examiners, land surveyor examiners, 29 commercial interior designer examiners, or landscape architect examiners, or any of 30 their subdivisions. The total amount of disbursements issued in payment of the 31 expenses incurred under this chapter may not exceed the amount of money
01 appropriated by the legislature. 02 * Sec. 7. AS 08.48.071(f) is amended to read: 03 (f) The department shall assemble statistics relating to the performance of its 04 staff and the performance of the board, including 05 (1) the number of architects, engineers, land surveyors, commercial 06 interior designers, and landscape architects registered over a five-year period; 07 (2) the rate of passage of examinations administered by the board; 08 (3) the number of persons making application for registration as a 09 professional architect, engineer, land surveyor, commercial interior designer, or 10 landscape architect over a five-year period; 11 (4) an account of registration fees collected under AS 08.01.065; 12 (5) a measure of the correspondence workload of any licensing 13 examiner employed by the department to carry out this chapter. 14 * Sec. 8. AS 08.48.111 is amended to read: 15 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 16 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 17 corporation, limited liability company, or limited liability partnership who is found 18 guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, 19 incompetence, or misconduct in the practice of architecture, engineering, land 20 surveying, commercial interior design, or landscape architecture; or (3) a violation of 21 this chapter, a regulation adopted under this chapter, or the code of ethics or 22 professional conduct as adopted by the board. The code of ethics or professional 23 conduct shall be distributed in writing to every registrant and applicant for registration 24 under this chapter. This publication and distribution of the code of ethics or 25 professional conduct constitutes due notice to all registrants. The board may revise and 26 amend its code and, upon doing so, shall immediately notify each registrant in writing 27 of the revisions or amendments. The board may, upon petition of the registrant, 28 corporation, limited liability company, or limited liability partnership, reissue a 29 certificate if a majority of the members of the board vote in favor of the reissuance. 30 * Sec. 9. AS 08.48.171 is amended to read: 31 Sec. 08.48.171. General requirements and qualifications for registration.
01 An applicant for registration as an architect, engineer, land surveyor, commercial 02 interior designer, or landscape architect must be of good character and reputation and 03 shall submit evidence satisfactory to the board of the applicant's education, training, 04 and experience. However, an applicant for registration as a land surveyor may not be 05 required to submit evidence of more than eight years of any combination of education, 06 experience, or training. 07 * Sec. 10. AS 08.48.181 is amended by adding a new subsection to read: 08 (b) Except as provided in AS 08.48.191, for registration as a professional 09 commercial interior designer, a person shall be examined in this state in accordance 10 with the regulations of procedure and standards adopted by the board under AS 44.62 11 (Administrative Procedure Act). The procedure and standards must include meeting all 12 eligibility requirements in (a) of this section and successfully completing the 13 examination administered by the Council for Interior Design Qualification or its 14 successor. 15 * Sec. 11. AS 08.48.191 is amended by adding a new subsection to read: 16 (e) A person holding a certificate of registration authorizing the person to 17 practice commercial interior design in a state, territory, or possession of the United 18 States, the District of Columbia, or a foreign country that, in the opinion of the board, 19 meets the requirements of this chapter, based on verified evidence, may, upon 20 application, be registered in accordance with the regulations of the board. 21 * Sec. 12. AS 08.48.201(a) is amended to read: 22 (a) Application for registration as a professional architect, a professional 23 engineer, a professional land surveyor, a professional commercial interior designer, 24 or a professional landscape architect shall 25 (1) be on a form prescribed and furnished by the board; 26 (2) contain statements made under oath, showing the applicant's 27 education and a detailed summary of the applicant's technical experience; and 28 (3) contain five references, three of whom must be architects for 29 architectural registration, engineers for engineering registration, land surveyors for 30 land surveying registration, architects or commercial interior designers for 31 commercial interior design registration, and landscape architects for landscape
01 architectural registration, having personal knowledge of the applicant's architectural, 02 engineering, land surveying, commercial interior design, or landscape architectural 03 education, training, or experience. 04 * Sec. 13. AS 08.48.211 is amended to read: 05 Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the 06 requirements set out by the board shall be awarded a certificate of registration as a 07 professional architect, engineer, land surveyor, commercial interior designer, or 08 landscape architect, authorizing the holder to offer or perform architectural, 09 engineering, land surveying, commercial interior design, or landscape architectural 10 services or work for the public, or to certify or sign architectural, engineering, land 11 surveying, commercial interior design, or landscape architectural documents. 12 Certificates of registration issued under this section shall be inscribed on their face in a 13 manner determined by the board. 14 (b) The certificate of registration sealed by the board is prima facie evidence 15 that the person named in it is entitled to all rights and privileges of a professional 16 architect, professional engineer, professional land surveyor, professional commercial 17 interior designer, or professional landscape architect while the certificate remains 18 unrevoked or unexpired. 19 * Sec. 14. AS 08.48.215(a) is amended to read: 20 (a) On retiring from practice and payment of an appropriate one-time fee, an 21 individual who is a registrant in good standing with the board may apply for the 22 conversion of a certificate of registration to a retired status registration. An individual 23 holding a retired status registration may not practice architecture, engineering, land 24 surveying, commercial interior design, or landscape architecture in the state. A 25 retired status registration is valid for the life of the registration holder and does not 26 require renewal. 27 * Sec. 15. AS 08.48.221(a) is amended to read: 28 (a) Each registrant may obtain a seal of the design authorized by the board, 29 bearing the registrant's name, registration number, and the legend "Registered 30 Professional Architect," "Registered Professional Engineer," "Registered Professional 31 Land Surveyor," "Registered Professional Commercial Interior Designer," or
01 "Registered Professional Landscape Architect," as appropriate. When a registrant 02 issues final drawings, specifications, surveys, plats, plates, reports, or similar 03 documents, the registrant shall stamp the documents with the seal and sign the seal. 04 The board shall adopt regulations governing the use of seals by the registrant. An 05 architect, engineer, land surveyor, commercial interior designer, or landscape 06 architect may not affix or permit a seal and signature to be affixed to an instrument 07 after the expiration of a certificate or for the purpose of aiding or abetting another 08 person to evade or attempt to evade a provision of this chapter. The registrant, by 09 affixing the registrant's seal to final drawings, specifications, surveys, plats, plates, 10 reports, or similar documents, and by signing the seal, certifies that the documents 11 were prepared by or under the registrant's direct supervision, are within the registrant's 12 field of practice, or constitute design work of minor importance. 13 * Sec. 16. AS 08.48.241(a) is amended to read: 14 (a) This chapter does not prevent a corporation, limited liability company, or 15 limited liability partnership from offering architectural, engineering, land surveying, 16 commercial interior design, or landscape architectural services; however, the 17 corporation, limited liability company, or limited liability partnership shall file with 18 the board 19 (1) an application for a certificate of authorization on [UPON] a form 20 to be prescribed by the board and containing information required to enable the board 21 to determine whether the corporation, limited liability company, or limited liability 22 partnership is qualified in accordance with the provisions of this chapter to offer to 23 practice architecture, engineering, land surveying, commercial interior design, or 24 landscape architecture in this state; 25 (2) a certified copy of a resolution of the board of directors of the 26 corporation, the managing members or manager of the limited liability company, or 27 the general partners of a limited liability partnership designating persons holding 28 certificates of registration under this chapter as responsible for the practice of 29 architecture, engineering, land surveying, commercial interior design, or landscape 30 architecture by the corporation, limited liability company, or limited liability 31 partnership in this state and providing that full authority to make all final architectural,
01 engineering, land surveying, commercial interior design, or landscape architectural 02 decisions on behalf of the corporation, limited liability company, or limited liability 03 partnership with respect to work performed by the corporation, limited liability 04 company, or limited liability partnership in this state is granted by the board of 05 directors of the corporation, the managing members or manager of the limited liability 06 company, or the general partners of the limited liability partnership to the persons 07 designated in the resolution; however, the filing of this resolution does not relieve the 08 corporation, limited liability company, or limited liability partnership of any 09 responsibility or liability imposed on [UPON] it by law or by contract; 10 (3) a designation in writing setting out the name of one or more 11 persons holding certificates of registration under this chapter who are in responsible 12 charge of each major branch of the architectural, engineering, land surveying, 13 commercial interior design, or landscape architectural activities in which the 14 corporation, limited liability company, or limited liability partnership specializes in 15 this state; if a change is made in the person in responsible charge of a major branch of 16 the architectural, engineering, land surveying, commercial interior design, or 17 landscape architectural activities, the change shall be designated in writing and filed 18 with the board within 30 days after the effective date of the change. 19 * Sec. 17. AS 08.48.241(b) is amended to read: 20 (b) Upon filing with the board the application for certificate of authorization, 21 certified copy of resolution, affidavit, and designation of persons specified in this 22 section, the board shall, subject to (c) of this section, issue to the corporation, limited 23 liability company, or limited liability partnership a certificate of authorization to 24 practice architecture, engineering, land surveying, commercial interior design, or 25 landscape architecture in this state upon a determination by the board that 26 (1) the bylaws of the corporation, the articles of organization or 27 operating agreement of the limited liability company, or the partnership agreement of 28 the limited liability partnership contain provisions that all architectural, engineering, 29 land surveying, commercial interior design, or landscape architectural decisions 30 pertaining to architectural, engineering, land surveying, commercial interior design, 31 or landscape architectural activities in this state will be made by the specified
01 architect, engineer, land surveyor, commercial interior designer, or landscape 02 architect in responsible charge, or other registered architects, engineers, land 03 surveyors, commercial interior designers, or landscape architects under the direction 04 or supervision of the architect, engineer, land surveyor, commercial interior 05 designer, or landscape architect in responsible charge; 06 (2) the application for certificate of authorization states the type of 07 architecture, engineering, land surveying, commercial interior design, or landscape 08 architecture practiced or to be practiced by the corporation, limited liability company, 09 or limited liability partnership; 10 (3) the applicant corporation, limited liability company, or limited 11 liability partnership has the ability to provide architectural, engineering, land 12 surveying, commercial interior design, or landscape architectural services; 13 (4) the application for certificate of authorization states the 14 professional records of the designated person who is in responsible charge of each 15 major branch of architectural, engineering, land surveying, commercial interior 16 design, or landscape architectural activities in which the corporation, limited liability 17 company, or limited liability partnership specializes; 18 (5) the application for certificate of authorization states the experience, 19 if any, of the corporation, limited liability company, or limited liability partnership in 20 furnishing architectural, engineering, land surveying, commercial interior design, or 21 landscape architectural services during the preceding five-year period; 22 (6) the applicant corporation, limited liability company, or limited 23 liability partnership meets other requirements related to professional competence in 24 the furnishing of architectural, engineering, land surveying, commercial interior 25 design, or landscape architectural services as may be adopted by the board in 26 furtherance of the objectives and provisions of this chapter. 27 * Sec. 18. AS 08.48.241(d) is amended to read: 28 (d) The certificate of authorization must specify the major branches of 29 architecture, engineering, land surveying, commercial interior design, or landscape 30 architecture of which the corporation, limited liability company, or limited liability 31 partnership has designated a person in responsible charge as provided in this section.
01 The certificate of authorization shall be conspicuously displayed in the place of 02 business of the corporation, limited liability company, or limited liability partnership, 03 together with the names of persons designated as being in responsible charge of the 04 professional activities. 05 * Sec. 19. AS 08.48.241(e) is amended to read: 06 (e) If a corporation, limited liability company, or limited liability partnership 07 that is organized solely by [EITHER] a group of architects, a group of engineers, a 08 group of land surveyors, a group of commercial interior designers, or a group of 09 landscape architects, each holding a certificate of registration under this chapter, 10 applies for a certificate of authorization, the board may, in its discretion, grant a 11 certificate of authorization to the corporation, limited liability company, or limited 12 liability partnership based on a review of the professional records of the incorporators 13 of the corporation, organizers of the limited liability company, or partners who formed 14 the limited liability partnership in place of the required qualifications set out in this 15 section. If the ownership of the corporation is altered, the membership of the limited 16 liability company is altered, or the partners of the limited liability partnership change, 17 the corporation, limited liability company, or limited liability partnership shall apply 18 for a revised certificate of authorization, based on [UPON] the professional records of 19 the owners of the corporation, the members of the limited liability company, or the 20 partners of the limited liability partnership, if exclusively architects, engineers, land 21 surveyors, commercial interior designers, or landscape architects, or otherwise under 22 the qualifications required by (b)(1) - (4) of this section. 23 * Sec. 20. AS 08.48.241(f) is amended to read: 24 (f) A corporation, limited liability company, or a limited liability partnership 25 authorized to offer architectural, engineering, land surveying, commercial interior 26 design, or landscape architectural services under this chapter, together with its 27 directors, officers, managing members, manager, and partners for their own individual 28 acts, is responsible to the same degree as the designated individual registered architect, 29 engineer, land surveyor, commercial interior designer, or landscape architect, and 30 shall conduct its business without misconduct or malpractice in the practice of 31 architecture, engineering, land surveying, commercial interior design, or landscape
01 architecture as defined in this chapter. 02 * Sec. 21. AS 08.48.241(g) is amended to read: 03 (g) If the board, after a proper hearing, finds that a corporation, limited 04 liability company, or limited liability partnership holding a certificate of authorization 05 has committed misconduct or malpractice, the board shall suspend or revoke the 06 certificate of authorization. The board shall also suspend or revoke the certificate of 07 registration of any registered individual architect, engineer, land surveyor, 08 commercial interior designer, or landscape architect who, after a proper hearing, is 09 found by the board to have participated in committing the misconduct or malpractice. 10 * Sec. 22. AS 08.48.251 is amended to read: 11 Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 12 practice of architecture, engineering, land surveying, commercial interior design, or 13 landscape architecture by a partnership if all of the members of the partnership are 14 architects, engineers, land surveyors, commercial interior designers, or landscape 15 architects legally registered under this chapter. In this section, "partnership" does not 16 include a limited liability partnership. 17 * Sec. 23. AS 08.48.281(a) is amended to read: 18 (a) A person may not practice or offer to practice the profession of 19 architecture, engineering, land surveying, commercial interior design, or landscape 20 architecture in the state, or use in connection with the person's name or otherwise 21 assume or advertise a title or description tending to convey the impression that the 22 person is an architect, [AN] engineer, [A] land surveyor, commercial interior 23 designer, or [A] landscape architect, unless the person has been registered under the 24 provisions of this chapter or is a person to whom these provisions do not apply, or, in 25 the case of a corporation, limited liability company, or limited liability partnership, 26 unless it has been authorized under this chapter. 27 * Sec. 24. AS 08.48.281 is amended by adding a new subsection to read: 28 (c) Notwithstanding (a) of this section, this chapter does not prohibit the 29 practice of commercial interior design by a person who is not registered to practice 30 commercial interior design if the services are being performed by a person acting 31 within the scope of practice authorized by another license that is held by the person.
01 * Sec. 25. AS 08.48.291 is amended to read: 02 Sec. 08.48.291. Violations and penalties. A person who practices or offers to 03 practice architecture, engineering, land surveying, commercial interior design, or 04 landscape architecture in the state without being registered or authorized to practice in 05 accordance with the provisions of this chapter, or a person presenting or attempting to 06 use the certificate or the seal of another, or a person who gives false or forged 07 evidence of any kind to the board or to a member of the board in obtaining or 08 attempting to obtain a certificate, or a person who impersonates a registrant, or a 09 person who uses or attempts to use an expired or revoked or nonexistent certificate, 10 knowing of the certificate's status, or a person who falsely claims to be registered and 11 authorized to practice under this chapter, or a person who violates any of the 12 provisions of this chapter, is guilty of a misdemeanor and upon conviction is 13 punishable by a fine of not more than $10,000, or by imprisonment for not more than 14 one year, or by both. 15 * Sec. 26. AS 08.48.295(a) is amended to read: 16 (a) In addition to any other provision of law, if a person practices or offers to 17 practice architecture, engineering, commercial interior design, or land surveying in 18 the state without being registered or authorized to practice in accordance with the 19 provisions of this chapter, the board may enter an order levying a civil penalty. 20 * Sec. 27. AS 08.48.311 is amended to read: 21 Sec. 08.48.311. Rights not transferable. The right to engage in the practice of 22 architecture, engineering, land surveying, commercial interior design, or landscape 23 architecture is considered a personal and individual right, based on the qualifications 24 of the individual as evidenced by the individual's certificate of registration, which is 25 not transferable. 26 * Sec. 28. AS 08.48.321 is amended to read: 27 Sec. 08.48.321. Evidence of practice. A person practices or offers to practice 28 architecture, engineering, land surveying, commercial interior design, or landscape 29 architecture if the person [WHO] 30 (1) practices a branch of the profession of architecture, engineering, 31 land surveying, commercial interior design, or landscape architecture [AS DEFINED
01 IN AS 08.48.341]; 02 (2) by verbal claim, sign, advertisement, letterhead, card, or other 03 means represents to be an architect, engineer, land surveyor, commercial interior 04 designer, or landscape architect, or through the use of some other title implies that the 05 person is an architect, engineer, land surveyor, commercial interior designer, or 06 landscape architect; or 07 (3) holds out as able to perform or [WHO] does perform an 08 architectural, engineering, land surveying, commercial interior design, or landscape 09 architectural service recognized by the professions covered by this chapter, and 10 specified in regulations of the board, as an architectural, engineering, land surveying, 11 commercial interior design, or landscape architectural service. 12 * Sec. 29. AS 08.48.331(a) is amended to read: 13 (a) This chapter does not apply to 14 (1) a contractor performing work designed by a professional architect, 15 engineer, commercial interior designer, or landscape architect or the supervision of 16 the construction of the work as a supervisor or superintendent for a contractor; 17 (2) workers in building trades crafts, earthwork, grounds keeping, or 18 nursery operations, and superintendents, supervisors, or inspectors in the performance 19 of their customary duties; 20 (3) an officer or employee of the United States government practicing 21 architecture, engineering, land surveying, commercial interior design, or landscape 22 architecture as required by the person's official capacity; 23 (4) an employee or a subordinate of a person registered under this 24 chapter if the work or service is done under the direct supervision of a person 25 registered under this chapter; 26 (5) associates, consultants, or specialists retained by a registered 27 individual, [A] partnership of registered individuals, [A] corporation, [A] limited 28 liability company, or [A] limited liability partnership authorized to practice 29 architecture, engineering, land surveying, commercial interior design, or landscape 30 architecture under this chapter, in the performance of professional services if 31 responsible charge of the work remains with the individual, the partnership, or a
01 designated representative of the corporation, limited liability company, or limited 02 liability partnership; 03 (6) a person preparing drawings or specifications for 04 (A) a building for the person's own use and occupancy as a 05 single family residence and related site work for that building; 06 (B) farm or ranch buildings and their grounds unless the public 07 health, safety, or welfare is involved; 08 (C) a building that is intended to be used only as a residence by 09 not more than 10 (i) four families and that is not more than two stories 11 high and the grounds of the building; or 12 (ii) two families and that is not more than three stories 13 high and the grounds of the building, if the building is located in a 14 municipality that has adopted a building or residential code that applies 15 to the building and if the building complies with the building or 16 residential code; 17 (D) a garage, workshop, or similar building that contains less 18 than 2,000 square feet of floor space to be used for a private noncommercial 19 purpose and the grounds of the building; 20 (7) a specialty contractor licensed under AS 08.18 while engaged in 21 the business of construction contracting for work designed by an architect, engineer, 22 commercial interior designer, or landscape architect that is within the specialty to be 23 performed or supervised by the specialty contractor, or a contractor preparing shop or 24 field drawings for work that the specialty contractor has contracted to perform; 25 (8) a person, other than a person providing commercial interior 26 design services, furnishing drawings, specifications, instruments of service, or other 27 data for alterations or repairs to a building or its grounds that do not change or affect 28 the structural system or the safety of the building, or that do not affect the public 29 health, safety, or welfare; 30 (9) a person who is employed by a postsecondary educational 31 institution to teach engineering, architectural, commercial interior design, or
01 landscape architectural courses; in this paragraph, "postsecondary educational 02 institution" has the meaning given in AS 14.48.210; 03 (10) an officer or employee of an individual, firm, partnership, 04 association, utility, corporation, limited liability company, or limited liability 05 partnership, who practices engineering, architecture, land surveying, commercial 06 interior design, or landscape architecture involved in the operation of the employer's 07 business only, and further provided that neither the employee nor the employer offers 08 engineering, architecture, land surveying, commercial interior design, or landscape 09 architecture services to the public; exclusions under this paragraph do not apply to 10 buildings or structures whose primary use is public occupancy; 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, commercial interior 20 designer, or landscape architect or the preparation of the drawings and specifications 21 is exempt under this section from the requirements of this chapter; in this paragraph, 22 "building codes" includes codes relating to building, mechanical, plumbing, electrical, 23 fire safety standards, and zoning; 24 (14) a person who is designing fire detection or suppression systems 25 and is authorized by the Department of Public Safety to design fire detection or 26 suppression systems; 27 (15) a person providing services limited to the planning, design, 28 and implementation of a kitchen or bath or the specification of products for a 29 kitchen or bath, if the space or area is in a building described in (6)(A) or (C) of 30 this subsection. 31 * Sec. 30. AS 08.48.341(2) is amended to read:
01 (2) "board" means the State Board of Registration for Architects, 02 Engineers, [AND] Land Surveyors, Landscape Architects, and Commercial 03 Interior Designers; 04 * Sec. 31. AS 08.48.341(4) is amended to read: 05 (4) "certificate of authorization" means a certificate issued by the 06 board authorizing a corporation, a limited liability company, or a limited liability 07 partnership to provide professional services in architecture, engineering, land 08 surveying, commercial interior design, or landscape architecture through individuals 09 legally registered by the board; 10 * Sec. 32. AS 08.48.341 is amended by adding new paragraphs to read: 11 (24) "commercial interior design" means a professional service or 12 creative work for a building the primary use of which is public occupancy, involving 13 (A) analysis, research, planning, and design of the interior 14 spaces of a building for the purpose of enhancing and protecting the health, 15 safety, and welfare of the public by preparation of interior drawings, 16 specifications, or other technical submissions and administration of 17 nonstructural interior construction; 18 (B) design and specification of code-compliant interior 19 finishes, furnishings, fixtures, or equipment; 20 (C) design or modification of existing nonstructural interior 21 partitions, doors, suspended ceiling systems, or constructed ceiling elements; 22 (D) design or modification of existing internal circulation 23 systems or number and configuration of exits for suite occupant load; or 24 (E) review, analysis, and evaluation of building codes, 25 accessibility standards, or guidelines for interior planning, design, and 26 nonbearing construction compliance; 27 (25) "commercial interior designer" means a professional commercial 28 interior designer; 29 (26) "nonstructural" and "nonbearing" mean building elements that are 30 not load-bearing and that can be added, moved, or removed without affecting the 31 structural integrity of a building;
01 (27) "professional commercial interior designer" means a person who 02 has been legally registered as a professional commercial interior designer by the 03 board. 04 * Sec. 33. AS 08.48.351 is amended to read: 05 Sec. 08.48.351. Short title. This chapter may be cited as the Architects, 06 Engineers, Land Surveyors, Commercial Interior Designers, and Landscape 07 Architects Registration Act. 08 * Sec. 34. AS 14.43.310(b) is amended to read: 09 (b) To assist the administering authority in selecting eligible applicants for 10 award of each of the memorial education loans under AS 14.43.250 - 14.43.325 and in 11 reviewing the memorial education loan program, the following advisory committees 12 are established: 13 (1) three Alaska state troopers, each one to be selected from and to 14 represent a state trooper region of the state by the regional commander to serve for 15 three years, for the Michael Murphy memorial education loan; 16 (2) [REPEALED 17 (3)] three members of the State [STATE] Board of Registration for 18 Architects, Engineers, [AND] Land Surveyors, Landscape Architects, and 19 Commercial Interior Designers selected annually by the board from among its 20 engineer members, for the Harvey Golub memorial education loan; and 21 (3) [(4)] three members of the state Board of Education and Early 22 Development, or of the staff of the Department of Education and Early Development, 23 or any combination of these, selected annually by the board, for the Robert L. Thomas 24 memorial education loan. 25 * Sec. 35. AS 23.30.017(c)(1) is amended to read: 26 (1) "design professional" means a person registered under AS 08.48 as 27 an architect, engineer, [OR] land surveyor, landscape architect, or commercial 28 interior designer; 29 * Sec. 36. AS 34.35.050 is amended to read: 30 Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 31 only to the extent provided under this chapter, to secure the payment of the contract
01 price if the person 02 (1) performs labor on [UPON] real property at the request of the owner 03 or the agent of the owner for the construction, alteration, or repair of a building or 04 improvement; 05 (2) is a trustee of an employee benefit trust for the benefit of 06 individuals performing labor on the building or improvement and has a direct contract 07 with the owner or the agent of the owner for direct payments into the trust; 08 (3) furnishes materials that are delivered to real property under a 09 contract with the owner or the agent of the owner that are incorporated in the 10 construction, alteration, or repair of a building or improvement; 11 (4) furnishes equipment that is delivered to and used on [UPON] real 12 property under a contract with the owner or the agent of the owner for the 13 construction, alteration, or repair of a building or improvement; 14 (5) performs services under a contract with the owner or the agent of 15 the owner in connection with the preparation of plans, surveys, or architectural, [OR] 16 engineering, or commercial interior design plans or drawings for the construction, 17 alteration, or repair of a building or improvement, whether or not actually 18 implemented on that property; or 19 (6) is a general contractor. 20 * Sec. 37. AS 35.15.010(c) is amended to read: 21 (c) In this section, "professional services" means architectural, engineering, 22 [OR] land surveying, or commercial interior design services. 23 * Sec. 38. AS 36.30.270(a) is amended to read: 24 (a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a 25 procurement officer shall negotiate a contract for an agency with the most qualified 26 and suitable firm or person of demonstrated competence for architectural, engineering, 27 [OR] land surveying, or commercial interior design services. The procurement 28 officer shall award a contract for those services at fair and reasonable compensation as 29 determined by the procurement officer, after consideration of the estimated value of 30 the services to be rendered, and the scope, complexity, and professional nature of the 31 services. When determining the most qualified and suitable firm or person, the
01 procurement officer shall consider the 02 (1) proximity to the project site of the office of the firm or person 03 unless federal law prohibits this factor from being considered in the awarding of the 04 contract; and 05 (2) employment practices of the firm or person with regard to women 06 and minorities. 07 * Sec. 39. AS 36.30.270(d) is amended to read: 08 (d) Notwithstanding the other provisions of this section, a procurement officer 09 may include price as an added factor in selecting architectural, engineering, [AND] 10 land surveying, and commercial interior design services when, in the judgment of 11 the procurement officer, the services required are repetitious in nature, and the scope, 12 nature, and amount of services required are thoroughly defined by measurable and 13 objective standards to reasonably enable firms or persons making proposals to 14 compete with a clear understanding and interpretation of the services required. In 15 order to include price as a factor in selection, a majority of the persons involved by the 16 procurement officer in evaluation of the proposals must be registered in the state to 17 perform architectural, engineering, [OR] land surveying, or commercial interior 18 design services. 19 * Sec. 40. AS 36.90.100 is amended to read: 20 Sec. 36.90.100. Contracts for architectural, engineering, land surveying, 21 commercial interior design, or landscape architectural services. The state or a 22 municipality may not award a contract for architectural, engineering, land surveying, 23 commercial interior design, or landscape architectural services to 24 (1) an individual who is not registered under AS 08.48 to perform the 25 architectural, engineering, land surveying, commercial interior design, or landscape 26 architectural services required by the contract; 27 (2) a partnership, except as provided by (3) of this section, that is not 28 qualified under AS 08.48.251 to provide the architectural, engineering, land surveying, 29 commercial interior design, or landscape architectural services required by the 30 contract; or 31 (3) a corporation, limited liability company, or limited liability
01 partnership that is not authorized under AS 08.48.241 to offer the architectural, 02 engineering, land surveying, commercial interior design, or landscape architectural 03 services required by the contract. 04 * Sec. 41. AS 39.25.120(c)(7) is amended to read: 05 (7) the principal executive officer of the following boards, councils, or 06 commissions: 07 (A) Alaska Public Broadcasting Commission; 08 (B) Professional Teaching Practices Commission; 09 (C) Parole Board; 10 (D) Board of Nursing; 11 (E) Real Estate Commission; 12 (F) Alaska Royalty Oil and Gas Development Advisory Board; 13 (G) Alaska State Council on the Arts; 14 (H) Alaska Police Standards Council; 15 (I) Alaska Commission on Aging; 16 (J) Alaska Mental Health Board; 17 (K) State Medical Board; 18 (L) Governor's Council on Disabilities and Special Education; 19 (M) Advisory Board on Alcoholism and Drug Abuse; 20 (N) Statewide Suicide Prevention Council; 21 (O) State Board of Registration for Architects, Engineers, 22 [AND] Land Surveyors, Landscape Architects, and Commercial Interior 23 Designers; 24 (P) Alaska Health Care Commission; 25 (Q) Board of Pharmacy; 26 * Sec. 42. AS 44.62.330(a)(3) is amended to read: 27 (3) State Board of Registration for Architects, Engineers, [AND] Land 28 Surveyors, Landscape Architects, and Commercial Interior Designers; 29 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) This Act applies to a person who first begins work, or enters
01 into an agreement to begin work, as a commercial interior designer on or after the effective 02 date of secs. 1 - 42 of this Act. 03 (b) Notwithstanding (a) of this section and AS 08.48.281(a), as amended by sec. 23 of 04 this Act, a person working as a commercial interior designer before the effective date of secs. 05 1 - 42 of this Act shall register as a commercial interior designer not later than July 1, 2023. 06 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 TRANSITION: REGULATIONS. The State Board of Registration for Architects, 09 Engineers, and Land Surveyors may adopt regulations necessary to implement this Act. The 10 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 11 effective date of the law implemented by the regulation. 12 * Sec. 45. Section 44 of this Act takes effect immediately under AS 01.10.070(c). 13 * Sec. 46. Except as provided in sec. 45 of this Act, this Act takes effect July 1, 2021.