Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/12/2023 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB73 | |
| SB126 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 83 | TELECONFERENCED | |
| *+ | SB 126 | TELECONFERENCED | |
| += | SB 94 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 73 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
April 12, 2023
1:43 p.m.
MEMBERS PRESENT
Senator Jesse Bjorkman, Chair
Senator Elvi Gray-Jackson
Senator Forrest Dunbar
MEMBERS ABSENT
Senator Click Bishop, Vice Chair
Senator Kelly Merrick
COMMITTEE CALENDAR
SENATE BILL NO. 73
"An Act relating to registered interior designers and interior
design; establishing requirements for the practice of registered
interior design; renaming the State Board of Registration for
Architects, Engineers, and Land Surveyors the State Board of
Registration for Design Professionals; relating to the State
Board of Registration for Design Professionals; relating to
liens for labor or materials furnished; relating to the
procurement of interior design services; and providing for an
effective date."
- HEARD & HELD
SENATE BILL NO. 126
"An Act relating to the State Board of Registration for
Architects, Engineers, and Land Surveyors; relating to
architects, engineers, land surveyors, and landscape architects;
and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 94
"An Act relating to the Board of Pharmacy; relating to the
practice of pharmacy; relating to pharmacies; relating to
prescription drug manufacturers; relating to prescriptions for
epinephrine; relating to the administration of epinephrine; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
SENATE BILL NO. 83
"An Act relating to professional licensing; relating to
temporary licenses for some professions; and providing for an
effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 73
SHORT TITLE: REGISTER INTERIOR DESIGNERS
SPONSOR(s): CLAMAN
02/17/23 (S) READ THE FIRST TIME - REFERRALS
02/17/23 (S) L&C, FIN
04/10/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
04/10/23 (S) <Bill Hearing Canceled>
04/12/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 126
SHORT TITLE: ARCHITECT/ENGINEER REGISTRATION BOARD
SPONSOR(s): LABOR & COMMERCE
04/11/23 (S) READ THE FIRST TIME - REFERRALS
04/11/23 (S) L&C, FIN
04/12/23 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR MATT CLAMAN, District H
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 73.
BREANNA KAKARUK, Staff
Senator Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 73.
CASEY KEE, Interior Designer
MCG Explore Design
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB 73.
DANA NUNN, Interior Design Director,
Bettisworth North Architects and Planners, Inc.;
Member, American Society of Interior Designers
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB 73.
COLIN MAYNARD, representing self
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB 73.
CHARLES BETTISWORTH, Senior Architect and President
Bettisworth North Architects and Planners, Inc.
Fairbanks, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB 73.
CATHERINE FRITZ, Chair
State Board of Registration for Architects, Engineers, and Land
Surveyors (AELS)
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Gave invited testimony on SB 73.
CARA RUDE, Principal and Owner
MCG Explore Design
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
JESSICA CEDERBERG, President-Elect
American Institute of Architects - Alaska Chapter (AIA Alaska)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 73 in its
current form.
WILL WEBB, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
JAMES BIBB, Board Member
American Institute of Architects - Alaska Chapter (AIA Alaska)
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 73 in its
current form.
RAMONA SCHIMSCHEIMER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 73 in its
current form.
BARBARA CASH, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
LARRY CASH, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
MATTHEW BARUSCH, Government Relations and Advocacy Manager
Council for Interior Design Qualification (CIDQ)
Arlington Virginia
POSITION STATEMENT: Testified in support of SB 73.
JASON FLOYD, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to SB 73 in its
current form.
JASON SWIFT, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
CAITLIN CUNNINGHAM, Board Member
American Society of Interior Designers (ASID) - Alaska Chapter
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
ELIZABETH JOHNSTON, Chief Electrical Engineer
Design Alaska
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 73.
RYAN MORSE, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 73 in its
current form.
THOMAS LIVINGSTON, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 73 in its
current form.
BRIAN MEISSNER, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
ELIZABETH GOEBEL, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 73.
LAURA ACHEE, Staff
Senator Jesse Bjorkman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 126 on behalf of the Senate
Labor and Commerce Committee.
LOREN LEMAN, Former Lieutenant Governor
State of Alaska;
Board Member, State Board of Registration for Architects,
Engineers, and Land Surveyors (AELS)
Anchorage, Alaska
POSITION STATEMENT: Presented the sponsor statement and
summarized the sectional analysis for SB 126.
ACTION NARRATIVE
1:43:36 PM
CHAIR JESSE BJORKMAN called the Senate Labor and Commerce
Standing Committee meeting to order at 1:43 p.m. Present at the
call to order were Senators Gray-Jackson, Dunbar, and Chair
Bjorkman.
SB 73-REGISTER INTERIOR DESIGNERS
1:44:49 PM
CHAIR BJORKMAN announced the consideration of SENATE BILL NO. 73
"An Act relating to registered interior designers and interior
design; establishing requirements for the practice of registered
interior design; renaming the State Board of Registration for
Architects, Engineers, and Land Surveyors the State Board of
Registration for Design Professionals; relating to the State
Board of Registration for Design Professionals; relating to
liens for labor or materials furnished; relating to the
procurement of interior design services; and providing for an
effective date."
CHAIR BJORKMAN invited the sponsor to introduce the bill.
1:45:16 PM
SENATOR MATT CLAMAN, District H, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 73, introduced the bill, reading
from the following prepared statement:
[Original punctuation provided.]
Senate Bill 73 makes important changes to our
professional licensing statute to recognize the
expertise of commercial interior designers and grant
them the corresponding privileges.
Every day, we work to make Alaska open and ready for
business. The timeliness of this legislation to make
Alaska open and ready for business is highlighted by
the January 31, 2023 Request for Proposals from the US
Army Corps of Engineers for the new Joint Integrated
Test and Training Center at Joint Base Elmendorf
Richardson. The construction cost for this project is
estimated by the Corps of Engineers to be between 100
million and 250 million dollars. The RFP lists the
primary selection criteria and the professional
qualifications for the design work, and they include:
1. Architects & Registered Communications Designers
2. A registered fire protection engineer
3. A registered interior designer
4. A registered mechanical engineer
5. A registered electrical engineer
There are 13 professionals on the list.
1:46:37 PM
SENATOR CLAMAN read the sponsor statement for SB 73:
[Original punctuation provided.]
This legislation will make it possible for an interior
designer registered in Alaska to work on this
important project for Alaska's infrastructure and our
nation's defense. Without this legislation, responsive
bids would have to contract with an interior designer
who is registered in another state. The legislation
provides better work opportunities for Alaskans. The
requirements of this RFP reflect the direction for
commercial design services in modern times.
As a diverse profession, there are several different
specialties under the title of Interior Designer.
Among the most knowledgeable and highly trained are
those who earn the National Council of Interior Design
Qualification.
The NCIDQ is a three-part, 11-hour examination that
was established to identify interior design
professionals with the skills and experience to take
on additional responsibility.?This test is designed to
assess the competency of candidates to protect the
public through the practice of interior design, and
covers subjects such as fire safety, ADA compliance,
emergency egress, and material flammability. A
candidate unable to prove their understanding of life
safety, codes, and standards would be unlikely to pass
the exam.
1:47:55 PM
SENATOR CLAMAN continued the sponsor statement for SB 73:
[Original punctuation provided.]
The goal is not to measure Interior Designers by the
standards used by architects. While there are shared
skillsets between architects and interior designers,
interior designers focus on a narrower scope of work.
By comparison, there are different licensing
requirements for physician assistants and doctors,
even though they sometimes perform similar activities.
The NCIDQ is rigorous and requires, at a minimum, 60
semester credit hours of post-secondary interior
design coursework that encompasses a certificate,
degree, or diploma from an accredited institution to
sit for the exam.
Currently, there is no state licensing of the interior
design profession in Alaska. One consequence of this
licensing gap is that Commercial Interior designers do
not have access to a construction stamp that would
allow them to submit their work for permitting.
SB 73 will allow Alaska to join other forward-looking
states that have permitted certified Commercial
Interior Designers to have a construction stamp, valid
only for projects within their limited professional
qualifications.
1:49:01 PM
SENATOR CLAMAN continued the sponsor statement for SB 73:
[Original punctuation provided.]
SB 73 describes what commercial interior designers
will be able to produce and stamp independent of an
architect or engineer. The practice of commercial
interior design described in SB 73 is specific and
limited to non-load bearing interior design elements,
such as interior planning for occupant spaces,
exiting, and specification of code-compliant interior
finishes, furnishings, and fixtures. The scope of
commercial interior design practice described in SB 73
is well within the competencies of interior designers
as determined by their education, training, and
examination.
SB 73 will bring economic benefits by increasing
professional employment opportunities, providing
incentives to hire Alaskans for certified interior
design, attracting high-quality design talent to the
state, encouraging small business and unrestrained
trade, and expanding consumer choices for qualified
design professionals. SB 73 does not restrict the
requirements or daily practice for any other
professional in design or construction including
architects, engineers, contractors, trades people,
decorators, or residential designers.
SB 73 is intended to be cost neutral to the State, as
it is self-funded within the AELS Registration Board
through application, registration, and renewal fees.
As shown in the attached fiscal note, the passage of
this bill would enable the AELS Registration Board to
hire a much-needed additional Occupational Licensee
Examiner, and the cost per licensee would only be an
additional $50 every two years.
With the passage of the Infrastructure Investment and
Jobs Act, there will be $1.2 trillion dollars bringing
opportunities for design professionals to work on
public facility projects. The Infrastructure
Investment and Jobs Act will help provide many
opportunities to rebuild our economy and strengthen
the construction industry, and this bill will help get
projects ready-to-build by having more professionals
licensed in their field.
We often talk of making Alaska open and ready for
business. This bill turns those words into action and
will make Alaska a better place to do business. Please
join me in supporting SB 73.
1:51:15 PM
SENATOR CLAMAN deferred to his staff Ms. Kakaruk to present the
sectional analysis.
1:51:31 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the following summary of
the sectional analysis for SB 73:
[Original punctuation provided.]
Sections 1-4 relate to establishing the new terms in
the AELS Licensing Board.
Section 5 would add two seats to the board, one for a
commercial interior designer and an additional
engineering seat, creating separate seats for
electrical and mechanical engineering, which currently
share a seat.
Sections 6-9 would establish commercial interior
design as a certification tracked by the State of
Alaska.
Sections 8-14 would establish the examination
requirements for registration as a commercial interior
designer.
Section 15 would establish commercial interior design
as a seal that can be obtained and that is to be
affixed to certain construction plans.
Sections 16-22 would establish commercial interior
design terminology in relation to the registration of
corporations, limited liability partnerships, and
limited liability companies.
Sections 23-28 would protect the term "commercial
interior design" from use by those not registered.
Section 29 would relate to exemptions and add
commercial interior design to the list of necessary
exemptions.
Sections 30-32 would establish definitions for terms
used in the statute.
Sections 33-42 would establish "commercial interior
design" as a term in legal context relating to
statute.
And Sections 43-46 would establish the effective date
and grace period for registration.
[The full sectional analysis can be found at the akleg.gov page
for this meeting.]
CHAIR BJORKMAN asked the committee if there were any questions
for the bill sponsor. Finding none, he announced invited
testimony and invited Ms. Kee to present.
1:54:06 PM
CASEY KEE, Interior Designer, MCG Explore Design, Anchorage,
Alaska, gave invited testimony in support of SB 73. She said
that this bill will allow qualified interior designers to
practice independently, supporting small businesses and
encouraging young designers to practice in Alaska. Many interior
designers are already independently practicing the profession in
30 US jurisdictions. In Alaska, non-structural interior design
work currently must be performed by architects at an extra cost
to the consumer for a service that otherwise could be performed
by trained, competent interior designers. She commented that
competition is good for the marketplace and the design community
in Alaska. SB 73 will incentivize students and young
professionals to view the Alaska design community as a viable
place to practice and advance a stronger professional workforce.
1:56:32 PM
CHAIR BJORKMAN asked whether interior designers receive training
on health and safety aspects of design and if she thinks SB 73
will empower interior designers to sign off on plans that are
less safe than those an architect would approve.
MS. KEE replied that interior designers undergo four years of
higher level education. Architects take five tests in regard to
the entirety of the building and only one of those tests is on
interior design. To become certified, interior designers take
three tests focused on interior design, so more time is spent
learning how to create plans that adhere to international
building codes, ADA certifications, and overall life and health
safety.
CHAIR BJORKMAN sought confirmation that interior designers are
required to take three tests, including health and safety of the
space being created, whereas architects only take one test that
pertains to the same topic.
MS. KEE answered that is correct.
1:59:04 PM
DANA NUNN, Interior Design Director, Bettisworth North
Architects & Planners, Inc; member, American Society of Interior
Designers, Anchorage, Alaska, gave invited testimony in support
of SB 73, reading from the following prepared statement:
[Original punctuation provided.]
I am a nearly 20-year Anchorage resident and an NCIDQ-
certified interior designer.
The purpose of state oversight of licensed professions
is to protect public health, safety, and welfare. SB
73 does exactly that. This bill will protect the
public by allowing qualified practitioners who have
been educated on codes, have passed the three-part
credentialing exam, and who possess experience in
space planning and design to practice to our fullest
professional abilities.
For far too long, interior design has been
misconstrued and mischaracterized as something other
than the technical, complex, and human-centered
practice of creating safe, sustainable, accessible,
and efficient interior environments in compliance with
law. Registered interior designers are qualified,
competent practitioners, who just want to take
responsibility for the work that we are trained and
tested on in order to fully participate in the
workplace and advance the well-being of building
occupants and the public.
Opponents to interior design oversight may claim that,
because of the similar competencies between architects
and interior designers, the interior design services
outlined in SB 73 are for registered architects'
exclusive practice and that interior designers are not
qualified to provide such services without architect
oversight. The truth is that interior designers are
qualified through education, experience, and
examination to practice in the limited scope of
interior design defined by SB 73. Interior designers,
including myself, should not be precluded from
practicing to their fullest abilities due to
overlapping scope.
SB 73 provides public safety protection and risk-
mitigation in Alaska's buildings, expands consumer
choice of qualified design professionals, increases
professional employment opportunities, attracts high-
quality design talent to Alaska, and encourages
Alaskan students to return home for career
opportunities. We ask you to act now to protect
Alaskans and bolster Alaska's economy by keeping our
workforce strong and competitive. I urge you to please
support SB 73.
2:01:39 PM
SENATOR GRAY-JACKSON read the following suggestion from a
constituent's email, "limit interior design's scope of practice
to non-life safety elements. She asked Ms. Nunn for her
thoughts on the statement.
MS. NUNN replied that the constituent's suggestion blocks the
possibility of practicing everything she has been trained to do
and eliminates a massive amount of work that would contribute to
her livelihood. She noted that she currently performs those
duties, but not independently because the current law requires
oversight from an architect. However, registered interior
designers in other states can provide these services
independently without oversight.
2:02:58 PM
SENATOR GRAY-JACKSON read another suggestion that the cost of
developing interior design regulations should not be passed on
to existing AELS board licensees; the cost should be borne by
the affected interior design licensees.
MS. NUNN replied that her understanding of the fiscal note is
that a large portion is related to an additional examiner that
the board needs to fulfill its duties, and that position is
needed whether interior designers join the board or not. This
bill is a vehicle for the board to obtain funds for that
expense. She posited that perhaps that expense should be borne
by everyone that is served by the board because those examiners
helped to alleviate the load of the current examiners and allows
them to process applications more efficiently and do other work
the board and the department are required to accomplish.
2:04:34 PM
COLIN MAYNARD, representing self, Anchorage, Alaska, gave
invited testimony in support of SB 73. He said he is a licensed
civil and structural engineer with over 40 years of experience
and he served eight years on State Board of Registration for
Architects, Engineers, and Land Surveyors (AELS). The only
legitimate reason for state recognized licensure is protecting
the public's health, safety, and welfare; it is not for term
protection or to eliminate entry into a field. Many issues
affect public safety and design projects, regardless of the
professionals who handle them. He said that SB 73 would instill
protection of the public through the three tiers of education,
experience, and examination. He made a case for establishing an
interior designer seat on the AELS board.
2:07:21 PM
CHARLES BETTISWORTH, Senior Architect and President, Bettisworth
North Architects and Planners, Inc., Fairbanks, Alaska, gave
invited testimony in support of SB 73. He is a member of the
Alaska Chapter of American Institute of Architects (AIA) and
serves as an advisor to the AIA Board of Directors. He founded
Bettisworth North Architects and Planners, Inc. 45 years ago. He
said this legislation is long overdue and serves the public
interest. He recognizes the value of interior designers who
possess NCIDQ certification. He said that much interior design
work involves renovation and reconfiguration of public space.
These services are often contracted by owners and lessees
without engaging architects and they do not understand the
potential life safety issues. These owners and lessees often
hire interior designers who do not have NCIDQ certification or
knowledge of or experience with the applicable and necessary
life safety codes. SB 73 will provide a way for those interior
designers to become certified to complete this work in a manner
aligned with public safety. He said that the bill will not
displace architects. SB 73 will protect the public, expand
consumer choice and encourage small business.
2:12:39 PM
SENATOR CLAMAN said one of the weaknesses of being a lawyer is
the tendency to consider hypothetical situations. He offered an
example of a design project that requires the expertise of both
architects and interior designers; he pointed out that for a
weight lifting gym on a second floor structure, the matter of
designing a floor sturdy enough to hold large weights being
dropped is exclusively for engineers and architects, because
interior designers are not trained to figure out the structural
load in such a scenario. Configuring where the weights go so
that weightlifters do not get injured when walking around,
choosing a finish for the wall that prevents negative health
impacts from the paint when the weightlifters are sweating, and
positioning weightlifting apparatuses will be done by interior
designers. Some safety matters are dealt with by architects and
engineers, whereas other safety matters are dealt with by
interior designers.
2:14:50 PM
CATHERINE FRITZ, Chair, State Board of Registration for
Architects, Engineers, and Land Surveyors (AELS), Department of
Commerce, Community and Economic Development, Juneau, Alaska,
gave invited testimony on SB 73, paraphrasing from the following
prepared statement:
[Original punctuation provided.]
My name is Catherine Fritz, and I serve as Chair of
the Alaska Board of Registration for Architects,
Engineers, and Land Surveyors (AELS). I am an
architect by profession and I live in Juneau.
Thank you for the opportunity to share thoughts about
SB73 on behalf of the AELS Board.
SB 73 proposes to add a new design profession,
interior design, to AS 08.48, the statute that
authorizes the AELS Board. This bill is substantially
nd
similar to former HB61 from the 32 Alaska
Legislature. Since 2021, the AELS Board has reviewed
and raised concerns on both bills that propose to
regulate the practice of interior design through the
registration of interior designers.
A letter that outlines six issues of concern of SB73
was submitted to the Senate Labor & Commerce Committee
on February 24. The AELS Board recently held two
special meetings to review this bill and address the
overall topic of interior design regulation.
The Board has not yet taken an official position in
support or opposition of SB73. Rather, it has been
encouraging dialog with the group of interior
designers who have been promoting the bill and their
colleagues, Alaska's architects, most of whom oppose
interior design registration as proposed. The hope has
been that the people who are most affected by the
interior design industry could work together to
develop mutually agreeable legislation that may be
established within the AELS Board or elsewhere in
state statute. At the same time, the Board has been
reluctant to take a position on SB73 because it did
not draft the bill. The Board respects the
legislature's role to consider, and perhaps even pass
legislation it sees as appropriate while the Board's
job is to regulate professions authorized under
enacted legislation.
At the most recent special meeting on March 16 the
Board heard from the Interior Design Working Group
that was established in July, 2022 to collaborate on
interior design regulation issues. There was optimism
among Working Group members that amendments to SB73
might be developed that would provide the AELS Board
more information so that it could then consider
action. A meeting of the Working Group was held on
March 31. In fact, to fully disclose to this
Committee, I attended this virtual meeting. As a
registered architect and long time member of the
American Institute of Architects (AIA), I serve as a
member of the Working Group. I do [not] represent the
AELS Board when attending these meetings. The AELS
Board has not yet received a report of the March 31
meeting. However I have scheduled time on our upcoming
regular AELS Board meeting agenda on May 10-11to
receive updated information and discuss SB73 so the
Board can then decide how it would like to proceed. I
can request an additional special meeting of the AELS
Board if you believe our additional input on the bill
is valuable before May 11.
2:18:13 PM
MS. FRITZ added that there were some suggested amendments
st
that both parties agreed to during the March 31 meeting.
2:18:50 PM
At ease.
2:20:24 PM
CHAIR BJORKMAN reconvened the meeting and opened public
testimony on SB 73. He said written testimony can be submitted
to [email protected].
2:22:03 PM
CARA RUDE, Principal and Owner, MCG Explore Design, Anchorage,
Alaska, testified in support of SB 73 so that policy can catch
up with practice, so the state infrastructure is designed by
Alaskans, and so there are professionals she can sell her
practice to in the future. She said that she has designed
technical infrastructure across the state with the only
authorship of her work being through federal projects. MCG is
one of the oldest and largest architectural practices in the
state. Two of the firm owners are interior designers. She said
that she and her colleagues are technical professionals and SB
73 will lead to authentic authorship of their practice.
2:24:34 PM
JESSICA CEDERBERG, President-Elect, American Institute of
Architects-Alaska Chapter (AIA Alaska), Anchorage, Alaska,
testified in opposition to SB 73 in its current form. She
offered a correction to the position paper from AIA Alaska,
stating that the version in the committee members' folders is
the final and correct version. She clarified that the
educational and testing requirements to become an architect
include obtaining a five-year bachelors degree or six-year
master's degree, a six-part exam including a 4.5 hour test on
life safety codes for the public. AIA Alaska has over 200
members in its chapter plus the support of AIA National in
opposing this bill as it is currently written. SB 73 will
increase statewide labor shortages by restricting work to only
interior designers with NCIDQ qualifications; there are fewer
than 25 qualified designers in the state. She said the AIA is
requesting more time to collaborate with the committee on
rewriting the legislation.
2:26:48 PM
WILL WEBB, representing self, Anchorage, Alaska, testified in
support of SB 73. He said he is a licensed civil engineer and
his testimony represents his own opinions, but he is also a
current board member of the Alaska Professional Design Council,
which is in support of this bill. Passing SB 73 will pave the
way for qualified interior designers to take responsibility for
their designs, ensuring compliance with public safety
guidelines, and broaden the pool of available commercial
interior professionals in Alaska.
2:28:10 PM
JAMES BIBB, Board Member, American Institute of Architects-
Alaska Chapter (AIA Alaska), Juneau, Alaska, testified in
opposition to SB 73 as it is currently written. He stated that
he is a practicing architect. He expressed his belief that there
are certain subtleties about who is allowed to perform creative
work under this bill and that it is not yet in its final form.
He supports timely progress but would like collaboration between
AIA and the legislature to finalize SB 73.
2:30:34 PM
RAMONA SCHIMSCHEIMER, representing self, Anchorage, Alaska,
testified in opposition to SB 73 in its current form. She said
that she is a registered architect in the state of Alaska and an
AIA member. She stated that SB 73 will increase statewide labor
shortages by restricting work to only NCIDQ qualified interior
designers, of which there are fewer than 25 in the state, while
300 professionals currently provide various types of interior
design services, according to the Alaska Department of
Professional Licensing. She expressed her support for limiting
the interior design scope of practice to non-safety design
elements. She expressed her support for the cost of deducting
interior design regulations being borne by the affected interior
design licensees. She requested more time for collaboration of
all parties to write a cohesive bill that everyone can live
with.
2:32:40 PM
BARBARA CASH, representing self, Anchorage, Alaska, testified in
support of SB 73. She said she is a credentialed 40-year
interior designer. SB 73 registration and practice registration
is limited to interior work within Alaska's public and private
buildings which impacts public health safety and welfare. The
bill recognizes that not all interior designers will want to
pursue registration and may still work in the field under a
registered individual, while providing non-registered interior
designers the opportunity to continue working while working
towards registration. She referenced Ms. Schimscheimer's
statement that over 300 interior designer listings are in the
Anchorage area, yet the term "interior designer is not
regulated so it might be used by anyone.
2:35:20 PM
LARRY CASH, representing self, Anchorage, Alaska, stated that as
a Fellow of the AIA (FAIA), he is compelled to voice his
emphatic support for SB 73. The bill will enhance, not diminish
the service or authority of architects. He endorses including
registered professional interior designers in Alaska as
integrated members of professional design teams for Alaska
projects. The federal government, the Department of Defense, and
the US Army Corps of Engineers require professional interior
designers and Alaska should too. Passing SB 73 will support
making Alaska buildings as safe as possible inside and out.
2:37:12 PM
MATTHEW BARUSCH, Government Relations and Advocacy Manager,
Council for Interior Design Qualification (CIDQ), Arlington
Virginia, testified in support of SB 73. He said that legal
recognition of interior designers is needed to protect the
public from incompetent practice. He provided an example of an
instance in which a tragic fire could have been averted if a
qualified interior designer had been employed to design the
building.
2:39:41 PM
JASON FLOYD, representing self, Soldotna, Alaska, testified in
opposition to SB 73 in its current form. He said he is an
independent contractor and that his business provides
consultation to help clients move their viable projects forward.
Services his business provides include project proposal, concept
development, design marketing, and referrals of qualified and
regulated professionals in architecture and engineering. He
pointed out that the field of design is broad and diverse and
professionals in the field are likely to inappropriately fall
under the regulation of SB 73 if it is passed in its current
form. Not all design projects require the alteration of
structure and in many cases only require conceptual design and
planning for the application of materials, fixtures, and
finishes to new or existing structures. Designers help inform
the planning process and in some instances assist with concept
development prior to, during, and following completion; interior
designers bring much needed added value to the industry. He
posited that interior designers are unjustifiably targeted under
the practice definition offered in SB 73. Law and regulation
should not be created to benefit a small group of people; it
must serve the public interest, be specific and well-defined.
Poorly crafted, over-reaching regulation will lead to artificial
restriction in vendor supply, stifle creativity, and increase
industry and consumer costs. Alaska needs more designers, not
fewer. He had not heard or seen any documentation of public harm
that has resulted from the work of an interior designer in
Alaska. He reiterated his opposition to SB 73.
2:42:29 PM
JASON SWIFT, representing self, Anchorage, Alaska, testified in
support of SB 73. He said he is an Alaskan architect. The
expertise that interior designers bring to the community is
invaluable and needed. This bill would make Alaska one of the
most enticing places to practice for interior designers. He said
that his firm would be the first in line to start hiring
interior designers if SB 73 were to pass.
2:43:15 PM
CAITLIN CUNNINGHAM, Board Member, American Society of Interior
Designers (ASID)-Alaska Chapter, Anchorage, Alaska, testified in
support of SB 73. She said this bill will allow commercial
designers to continue working under credentialed designers or
architects while providing career opportunities by allowing the
option to become a registered NCIDQ certified interior designer
in Alaska.
2:44:08 PM
ELIZABETH JOHNSTON, Chief Electrical Engineer, Design Alaska,
Fairbanks, Alaska, testified in support of SB 73. She said she
is a registered fire protection and electrical engineer. She
expressed that she does not speak for AELS though she has served
on the board since 2017. She agrees with the provisions in SB 73
to have a separate mechanical and electrical engineer seat on
the board. Professions serving on the board must represent all
of the practice areas collectively to ensure diversity of
industry perspectives. The role of the board is to protect the
public by ensuring that minimum competency standards are met.
She opined that overlap is not a problem. SB 73 is pro-consumer
and pro-competition. She expressed concern over a section of the
bill that implies that there is no need for licensed practice
when the work does not cover issues of public safety. She said
that fire protection engineers will overlap with interior
designers in certain situations, and that the work of both will
contribute to increasing life safety. SB 73 will allow consumers
to choose from a greater list of qualified professionals.
2:46:55 PM
RYAN MORSE, representing self, Fairbanks, Alaska, testified in
opposition to SB 73 in its current form. He is an architect with
Design Alaska, a former president of AIA Alaska, and currently
serves as the Alaska representative to the AIA National
Strategic Council. He stated that he opposes the bill in its
current form, but not the recognition of interior designers. The
bill does not provide an allowance for temporary board members.
The council is concerned with only allowing a licensed interior
designer in a board seat. He noted that there is far more
agreement than disagreement on the bill. More discussion is
needed before the bill moves forward.
2:49:34 PM
THOMAS LIVINGSTON, representing self, Anchorage, Alaska,
testified in opposition to SB 73 as it is written. He has been
an architect in Alaska since 1976 and designed hundreds of
buildings across the state. He is familiar with the role that
interior designers play within a design team. He said this bill
seems to be a solution to a problem that does not exist and it
will create added regulatory and project costs. Duplication of
licensed professionals creates confusion among clients and the
public. After nearly 50 years of practice, he seen no other
practice where disciplines overlap in this way.
2:52:20 PM
BRIAN MEISSNER, representing self, Anchorage, Alaska, testified
in support of SB 73. He expressed his enthusiasm for recognizing
interior designers for what they are capable of. He works with
ECI, one of the oldest architecture firms in Alaska. He said he
just moved into a new home that was entirely designed by ECI's
lead interior designer, who handled all life safety issues,
coordinated with the engineers and code officials to obtain a
building permit. This bill is good for Alaska.
2:53:04 PM
ELIZABETH GOEBEL, representing self, Anchorage, Alaska,
testified in support of SB 73. She said she is an entry level
interior designer working towards a NCIDQ certification in
Alaska. As a young designer, she hopes to grow and advance the
industry without limitations. She encouraged support for SB 73.
2:53:50 PM
CHAIR BJORKMAN held SB 73 in committee with public testimony
open.
2:53:54 PM
At ease.
SB 126-ARCHITECT/ENGINEER REGISTRATION BOARD
2:54:56 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 126 "An Act relating to the
State Board of Registration for Architects, Engineers, and Land
Surveyors; relating to architects, engineers, land surveyors,
and landscape architects; and providing for an effective date."
CHAIR BJORKMAN announced that his staff will present the bill.
2:55:32 PM
LAURA ACHEE, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, introduced SB 126 on behalf of the
committee, reading from the following prepared statement:
[Original punctuation provided.]
SB 126 was introduced by the Senate Labor and Commerce
Committee at the request of the State Board of
Registration for Architects, Engineers, and Land
Surveyors.
For the most part, the changes in this bill modernize
and cleanup the Board's statutes. However there are
two sections that address vague language which have
been interpreted in a way that is not consistent with
best operation of the Board or of the regulated
professions.
MS. ACHEE deferred to Mr. Leman for an explanation of the two
material changes this bill makes to the board and the reason the
board wanted SB 126 to be introduced.
2:56:41 PM
LOREN LEMAN, Former Lieutenant Governor, Board Member, State
Board of Registration for Architects, Engineers, and Land
Surveyors (AELS), Anchorage, Alaska, presented the sponsor
statement and summarized the sectional analysis for SB 126. He
reviewed the following sponsor statement:
Senate Bill 126 is legislation requested by the State
Board of Registration for Architects, Engineers, and
Land Surveyors (AELS Board). In many respects it is
like a "Revisor's Bill."
One of its more substantive changes is to clarify that
an electrical and a mechanical engineer may serve on
the Board at the same time. This could be helpful as
these two disciplines of engineering have the second
and third most registrants in Alaska (civil
engineering has the largest number). The Board
believes this is what the Legislature intended when it
called out that one of the 11 seats must be filled by
a mechanical or electrical engineer and another seat
is to be filled by another discipline not already
represented. However, the Department of Law advises
that the current language may not allow this.
Clarifying this will reduce the potential for conflict
over eligibility to serve and may better serve the
professions.
Another change is to clarify that a registrant who
seals and signs a document must do the work or be in
responsible charge of it and the work must be in the
registrant's field of practice. An attorney in the
Department of Law recently opined that the way the
sentence is currently written could be interpreted as
"or," meaning either condition alone is sufficient.
This is not how the professions have long practiced
this, nor how regulations are written. So the Board
requests this clarification to reduce potential
conflict between statute and regulation, as well as
guard the professions.
The bill provides numerous updates to the statutes,
acknowledges that documents are now transmitted
electronically, and adds limited partnerships to the
corporate structures that can be issued certification
for professional practice.
MR. LEMAN summarized the sectional analysis that read as
follows:
[Original punctuation provided.]
SB 126 Ver. A: Architect/Engineer Registration Board
Sectional Analysis
Section 1: Amends AS 08.48.011(c) to clarify that an
electrical engineer and a mechanical engineer may
serve on the Board concurrently. This could help
better serve two of the largest disciplines of
engineering in Alaska.
Section 2: Amends AS 08.48.021(c) to lower from four
to two years the time that a person who has "termed
out" must wait before becoming eligible for
reappointment to the Board. This would be helpful in
filling vacancies that may be difficult to fill.
Section 3: Amends AS 08.48.055(a) to change the
statutory title of the main staff person who supports
the Board to Executive Administrator, an update to
modernize the title and more accurately reflect the
scope of duties.
Section 4: Amends AS 08.48.055(b) to change the
statutory title to Executive Administrator and adds
that the Board may delegate reviews and approvals of
comity applications. This delegation is already in
regulation for certain limited circumstances, and the
Department of Law has advised that the delegation
needs to be codified in statute.
Section 5: Amends AS 08.48.071(f) because the Board no
longer administers the exams. The testing function is
now performed by national professional testing
organizations at considerable cost savings to the
State.
Section 6: Amends AS 08.48.091 because the Board no
longer administers the exams.
Section 7: Amends AS 08.48.101(a) to add statutory
authority for the Board to provide guidance on
overlapping "border issues" or "gray areas" among the
design professions by regulation or policy. The Board
is already providing this guidance, this change
clarifies the authority in statute.
Section 8: Amends AS 08.48.111 to add limited
partnerships to entities that may be issued
certificates of authorization. The State of Alaska
issues business and professional licenses to limited
partnerships.
Section 9: Amends AS 08.48.121 to allow the
investigator to be able to dismiss a complaint without
having to come to the Board in certain cases.
Section 10: Amends AS 08.48.171 to delete statutory
language regarding applications for registration that
is better suited to and currently covered by
regulation.
Section 11- 13 Amend AS 08.48.191(a),(b) & (d) to
update language to provide better certainty regarding
when conditions for an application are met, and less a
process based on opinion when the Board registers
architects in Alaska.
Section 14: Amends AS 08.48.201(a) to allow the Board
to set in regulation specific requirements for forms,
statements, and references rather than in statute.
Section 15: Amends AS 08.48.211 to modernize statutes
and delete repetitive language. Certificates are now
issued electronically and the Board no longer places a
physical seal on hard copy certificates. Registrants
are advised they can print their own certificates from
an electronic file.
Section 16: Amends AS 08.48.215(a) to streamline the
language.
Section 17: Amends AS 48.08.221 to remove duplicative
language and allow the Board to provide requirements
for professional seals in regulation. Also responds to
a recent Department of Law opinion about potential
conflict between statute and regulation by clarifying
that work sealed and signed by a registrant must be
done by the registrant or under their responsible
charge and be in the registrant's field of practice.
Section 18: Amends AS 08.48.231(a) to add limited
partnerships and update the language to allow for
electronic transmission of documents.
Section 19 - 28: Amends AS 08.48.241(a) (h), AS
08.48.251, and AS 48.08.281(a) to add limited
partnerships.
Section 29: Amends AS 08.48.331(a) to add limited
partnerships and update the name for fire protection
systems to be consistent with industry.
Section 30: Amends AS 08.48.341(4) to add limited
partnerships.
Section 31: Amends AS 08.48.341(7) to make the
language consistent with industry practice.
Section 32: Amends AS 08.48.341(16) by revising the
definition of landscape architecture to be consistent
with the other professional definitions and reflect
language used within the profession to describe its
work.
Sections 33-36: Amends AS 08.48.341(17-19, 22) to
remove unnecessary language.
Section 37: Amends AS 08.48.341 to add new language
that provide a definition for "fire protection system"
that is consistent with the industry, and defines
"limited partnership" and "registrant" as they are
used in this section.
Section 38: Repeals AS 08.48.061, removing language
regarding travel expenses and appropriations that is
more appropriately covered elsewhere in Alaska
Statutes.
Section 39: Provides for an immediate effective date.
3:06:06 PM
CHAIR BJORKMAN opened public testimony on SB 126. Finding no
testifiers, he held SB 126 in committee with public testimony
open.
3:07:01 PM
There being no further business to come before the committee,
Chair Bjorkman adjourned the Senate Labor and Commerce Standing
Committee meeting at 3:07 p.m.