ALASKA STATE LEGISLATURE  HOUSE LABOR AND COMMERCE STANDING COMMITTEE  March 29, 2013 3:21 p.m. MEMBERS PRESENT Representative Kurt Olson, Chair Representative Lora Reinbold, Vice Chair Representative Mike Chenault Representative Dan Saddler Representative Andy Josephson MEMBERS ABSENT  Representative Bob Herron Representative Charisse Millett COMMITTEE CALENDAR  CONFIRMATION HEARING(S): Alaska State Board of Public Accountancy Craig Chapman - Kenai Donovan Rulien II - Anchorage - CONFIRMATION(S) ADVANCED Alcoholic Beverage Control Board Robert (Bobby) Evans - Nome - CONFIRMATION(S) ADVANCED Board of Registration for Architects, Engineers, and Land Surveyors Eric Eriksen - Juneau  John Kerr - Anchorage Jeffrey Koonce - Anchorage - CONFIRMATION(S) ADVANCED Board of Barbers and Hairdressers Michael Bolivar - Anchorage - CONFIRMATION(S) ADVANCED Board of Dental Examiners Robyn Chaney - Dillingham Dr. Mary Anne Navitsky' - Sitka Dr. Steven Scheller - Fairbanks Gail Walden - Wassila - CONFIRMATION(S) ADVANCED Board of Chiropractic Examiners Dr. Edward Barrington - Anchorage Dr. Daniel Holt - Auke Bay - CONFIRMATION(S) ADVANCED Alaska Labor Relations Agency Gary Bader - Anchorage Daniel Repasky - Anchorage - CONFIRMATION(S) ADVANCED Board of Marital and Family Therapy Linda King - Chugiak Kennith McCarty - Eagle River - CONFIRMATION(S) ADVANCED Board of Certified Direct-Entry Midwives Sarah Taygan - Chugiak - CONFIRMATION(S) ADVANCED Board of Nursing Hannah Espera - Anchorage Thomas Hendrix - Eagle River - CONFIRMATION(S) ADVANCED Occupational Safety and Health Review Board Thomas Trosvig - Kodiak - CONFIRMATION(S) ADVANCED Board of Examiners in Optometry Dr. Grant Humphreys - Anchorage Immanuel Lewis - Anchorage - CONFIRMATION(S) ADVANCED Board of Professional Counselors Anne Marie Brainerd - Fairbanks Debra Hamilton - Soldotna - CONFIRMATION(S) ADVANCED State Physical Therapy and Occupational Therapy Board Dr. Darin Bell - Seward Ruth Kostik - Juneau Valerie Phelps - Anchorage - CONFIRMATION(S) ADVANCED Board of Pharmacy John Cotter - Fairbanks - CONFIRMATION(S) ADVANCED Board of Psychologists and Psychological Associate Examiners Dr. Kristi Fuller - Anchorage - CONFIRMATION(S) ADVANCED Board of Certified Real Estate Appraisers James Picard - Anchorage - CONFIRMATION(S) ADVANCED Board of Social Work Examiners Zachary Paulson - Palmer - CONFIRMATION(S) ADVANCED Real Estate Commission Eric Bushnell - Wasilla Nancy Davis - Sitka Stacy Risner - Fairbanks - CONFIRMATION(S) ADVANCED Board of Veterinary Examiners DeeDee Jonrowe - Willow - CONFIRMATION(S) ADVANCED Workers' Compensation Appeals Commission David Richards - Eagle River - CONFIRMATION(S) ADVANCED Alaska Workers' Compensation Board Stacy Allen - Palmer Bradley Austin - Auke Bay Pamela Cline - Wasilla Sarah Lefebvre - Fairbanks Amy Steele - Anchorage Mark Talbert - Wasilla - CONFIRMATION(S) ADVANCED HOUSE BILL NO. 167 "An Act relating to the regulation of architects, engineers, land surveyors, and landscape architects." - MOVED HB 167 OUT OF COMMITTEE CONFIRMATION HEARING(S): Regulatory Commission of Alaska - RESCHEDULED TO 4/5/13 PREVIOUS COMMITTEE ACTION  BILL: HB 167 SHORT TITLE: ARCHITECTS, ENGINEERS, SURVEYORS SPONSOR(s): LABOR & COMMERCE 03/15/13 (H) READ THE FIRST TIME - REFERRALS 03/15/13 (H) L&C 03/29/13 (H) L&C AT 3:15 PM BARNES 124 WITNESS REGISTER KONRAD JACKSON, Staff Representative Kurt Olson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Testified during the confirmation hearings on behalf of Representative Kurt Olson, Chair of the House Labor & Commerce Committee. ANNA LATHAM, Staff Representative Kurt Olson Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Presented HB 167 on behalf of Representative Kurt Olson, Chair of the House Labor & Commerce Committee. HARLEY HIGHTOWER, Architect Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 167. RICHARD REARICK, Architect; Chair Board of Registration for Architects, Engineers, and Land Surveyors Department of Commerce, Community & Economic Development (DCCED) Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 167. BRIAN HANSON, Professional Engineer (PE); Civil and Mining Engineer; Chair, Board of Registration for Architects, Engineers, and Land Surveyors (AELS) Department of Commerce, Community & Economic Development (DCCED) Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 167. DALE NELSON, Professional Engineer (PE) Civil Engineer; Chair, Liaison Committee Alaska Professional Design Council (APDC) Anchorage, Alaska POSITION STATEMENT: Testified in support of HB 167. ACTION NARRATIVE 3:21:22 PM CHAIR KURT OLSON called the House Labor and Commerce Standing Committee meeting to order at 3:21 p.m. Representatives Josephson, Reinbold, Saddler, and Olson were present at the call to order. Representative Chenault arrived as the meeting was in progress. ^CONFIRMATION HEARING(S) ^Alaska State Board of Public Accountancy ^Alcoholic Beverage Control Board ^Board of Registration for Architects, Engineers, and Land Surveyors ^Board of Barbers and Hairdressers ^Board of Dental Examiners ^Board of Chiropractic Examiners ^Alaska Labor Relations Agency ^Regulatory Commission of Alaska ^Board of Marital and Family Therapy ^Board of Certified Direct-Entry Midwives ^Board of Nursing ^Occupational Safety and Health Review Board ^Board of Examiners in Optometry ^Board of Professional Counselors ^State Physical Therapy and Occupational Therapy Board ^Board of Pharmacy ^Board of Psychologists and Psychological Associate Examiners ^Board of Certified Real Estate Appraisers ^Board of Social Work Examiners ^Real Estate Commission ^Board of Veterinary Examiners ^Workers' Compensation Appeals Commission ^Alaska Workers' Compensation Board CONFIRMATION HEARING(S)  Alaska State Board of Public Accountancy  Alcoholic Beverage Control Board  Board of Registration for Architects, Engineers, and Land  Surveyors  Board of Barbers and Hairdressers  Board of Dental Examiners  Board of Chiropractic Examiners  Alaska Labor Relations Agency  Regulatory Commission of Alaska  Board of Marital and Family Therapy  Board of Certified Direct-Entry Midwives  Board of Nursing  Occupational Safety and Health Review Board  Board of Examiners in Optometry  Board of Professional Counselors  State Physical Therapy and Occupational Therapy Board  Board of Pharmacy  Board of Psychologists and Psychological Associate Examiners  Board of Certified Real Estate Appraisers  Board of Social Work Examiners  Real Estate Commission  Board of Veterinary Examiners  Workers' Compensation Appeals Commission  Alaska Workers' Compensation Board  3:21:46 PM CHAIR OLSON announced that the first order of business would be the confirmation hearings of the appointments to the listed boards and commission. 3:22:01 PM REPRESENTATIVE REINBOLD moved to advance the confirmation of appointees referred to the House Labor & Commerce Committee to the joint session of the House and Senate for consideration. CHAIR OLSON objected. 3:24:59 PM The committee took an at-ease from 3:24 p.m. to 3:25 p.m. CHAIR OLSON related the committee will take up the remaining confirmation hearing appointees and holdover the hearing for the appointee to the Regulatory Commission of Alaska (RCA), Mr. Rokeberg, since members have questions for the appointee who could not testify due to technical difficulties. 3:25:13 PM KONRAD JACKSON, Staff, Representative Kurt Olson, Alaska State Legislature, on behalf of the House Labor & Commerce Committee, referred to a draft memo dated March 29, 2013. He stated that the memo from the committee to the Chief Clerk lists appointees to the Boards and Commissions to which they were appointed. He said that all the members have had an opportunity to review the resumes of the appointees and have expressed no concerns with any of the qualifications of the appointees he is about to read. 3:26:02 PM MR. JACKSON read the following list of appointees: Alaska State Board of Public Accountancy Craig Chapman Donovan Rulien II Alcoholic Beverage Control Board Robert (Bobby) Evans Board of Registration for Architects, Engineers, and  Land Surveyors  Eric Eriksen  John Kerr Jeffrey Koonce Board of Dental Examiners Robyn Chaney Dr. Mary Anne Navitsky' Dr. Steven Scheller Gail Walden Board of Barbers and Hairdressers  Michael Bolivar Board of Chiropractic Examiners  Dr. Edward Barrington Dr. Daniel Holt Alaska Labor Relations Agency Gary Bader Daniel Repasky Board of Marital and Family Therapy  Linda King Kennith McCarty   Board of Certified Direct-Entry Midwives  Sarah Taygan Board of Nursing  Hannah Espera Thomas Hendrix Occupational Safety and Health Review Board  Thomas Trosvig Board of Examiners in Optometry Dr. Grant Humphreys Immanuel Lewis Board of Professional Counselors Anne Marie Brainerd Debra Hamilton State Physical Therapy &Occupational Therapy Board  Dr. Darin Bell Ruth Kostik Valerie Phelps   Board of Pharmacy  John Cotter    Board of Psychologists and Psychological Associate  Examiners  Dr. Kristi Fuller   Board of Certified Real Estate  Appraisers James Picard   Board of Social Work Examiners  Zachary Paulson Real Estate Commission Eric Bushnell Nancy Davis Stacy Risner Board of Veterinary Examiners DeeDee Jonrowe Workers' Compensation Appeals Commission  David Richards Alaska Workers' Compensation Board  Stacy Allen Bradley Austin Pamela Cline Sarah Lefebvre Amy Steele Mark Talbert MR. JACKSON reminded members that members' signatures on the memo to the Chief Clerk do not reflect the intent of any of the members to vote for or against any of these individuals during the joint floor session. 3:28:55 PM CHAIR OLSON stated that members have been given access to the resumes and applications of all of the names that were previously read and if they had questions, members contacted the individuals directly. He offered his belief the high caliber of appointees have been put forward and he has not heard any vocal opposition to any of the appointees. He added that he asked former Representative Norm Rokeberg to testify, [but due to technical difficulties he has not been able to testify]. 3:29:56 PM CHAIR OLSON removed his objection. The committee took an at-ease from 3:30 p.m. to 3:34 p.m. 3:34:52 PM CHAIR OLSON [said he would advance the confirmations for appointees referred to the House Labor and Commerce Standing Committee for consideration to the joint session of the House and Senate for consideration. He noted that each member's signature on the committee's report in no way reflects the member's vote during the joint floor session. There being no further objection, the confirmations were advanced. The committee took an at-ease from 3:35 p.m. to 3:37 p.m. HB 167-ARCHITECTS, ENGINEERS, SURVEYORS  3:37:17 PM CHAIR OLSON announced that the final order of business would be HOUSE BILL NO. 167, "An Act relating to the regulation of architects, engineers, land surveyors, and landscape architects." 3:37:22 PM ANNA LATHAM, Staff, Representative Kurt Olson, on behalf of Representative Kurt Olson, Chair, House Labor and Commerce Standing Committee, stated that HB 167 would provide a number of technical changes to the Board of Registration for Architects, Engineers, & Land Surveyors (AELS) and provide additional protection to the public regarding sealing of professional documents by the design professionals. She provided a section- by-section analysis of the bill. Section 1 would amend AS 08.48.221 by requiring registrants to sign on the seal when approving design documents. It deleted the language that would allow registrants to certify on the face of the document the extent of the registrant's responsibility for the design work. Section 2 would add a new subsection to AS 08.48.221 that requires documents containing the work of multiple fields of practice to be sealed and signed by a registrant in each of the fields covered by the document. MS. LATHAM said that Section 3 would change the exemption for buildings for residence by not more than four families to not more than three families. It would add "architect, land surveying, or landscape architecture" to this section wherever "engineering" appears. Additionally, it would add language to the exceptions regarding revegetation or placement of plant material to require a board determination that the action does not affect the public health, safety, or welfare. Section 4 would add definitions for "design of minor importance," "shop drawing" and "field drawing." One of the purposes of a professional licensing board is to take into account the concerns of its licensees and serve as a conduit for bringing those issues to the attention of the legislature. She pointed out that all of the changes in HB 167 were brought forth by AELS Board. She highlighted that while most registrants work within their field of expertise, current statutes suggested that a registrant is allowed to seal documents that are not in the realm of the registrant's discipline of licensure if the registrant certifies of the face of the documents to the extent of the registrant's responsibility, which has created a loophole and many problems. 3:39:47 PM MS. LATHAM explained that the statute was intended to allow multiple engineering disciplines the ability to stamp the drawing and indicate the specific portion of the design for which they were taking responsibility; however, this has been exploited or misinterpreted to allow design professionals to opt out of taking responsibility for a large portion of their work. This has resulted in numerous building code violations the AELS investigator must review. Currently, the AELS Board has a bill before the legislature for a full-time investigator, which passed out of this committee. In 2012, the AELS Board added 490 registrants to its oversight, which has also increased the case load for the investigator. Thus, now is the time to clean up the statutes for the board. The only other change in the bill that raised some questions is in Section 3, page 3 line 14. This would change the size of residence that requires a design professional's involvement and will conform to the state Fire Marshal's regulations, she said. She referred to AS 18.70.080, which requires the Department of Public Safety (DPS) to develop regulations establishing minimum standards for fire and life safety criteria in commercial, industrial, business, institutional, and other public buildings and buildings used for residential purposes containing four or more dwelling units. In accordance with the AELS Board's mission to protect the public's health, safety, and welfare, this bill seeks to eliminate the loopholes in current statutes that allow for the misuse of seals. 3:41:39 PM REPRESENTATIVE SADDLER asked whether she could identify any buildings that have had problems. MS. LATHAM deferred to Harley Hightower, who previously served on the AELS board for eight years. The committee took an at-ease from 3:43 p.m. to 3:48 p.m. 3:49:28 PM HARLEY HIGHTOWER, Architect, introduced himself. REPRESENTATIVE SADDLER asked whether Mr. Hightower could highlight some specific building code violations that relate to numerous health and safety issues and if he could identify any specific buildings members might be familiar with [in their districts.] MR. HIGHTOWER answered that he was unsure of specific buildings, although he had served on the enforcement committee during his AELS board service. He recalled when the board reviewed documents he found some issues, although he said he could not name them since the cases under review were confidential. 3:50:58 PM REPRESENTATIVE JOSEPHSON asked whether this part of AS 08 that relates to misuse of seals should have some deterrent or civil penalty attached. MR. HIGHTOWER replied that he is not familiar with the penalties in AS 08 although the board does have guidelines for certain penalties for certain offenses. The problem the board has had relates to the difficulty in enforcing these statutes. In fact, the board is interested in these changes so cases can be prosecuted, he said. 3:52:30 PM MR. HIGHTOWER offered his support for HB 167. He said his support is offered based on his observations during forty years of practice in the field of architecture in Alaska and eight years of service on the AELS board. The current statutes are unclear in terms of use of seals or application of exemptions relative to the public health, safety, and welfare of the public, which is not well served. He referred to AS 08.48.221 and noted the most common misuse of seals is sealing of multiple discipline drawings by the single registrant. Sealing documents without the proper due diligence and oversight is not allowed. The change under AS 08.48.331, exemption (6), relative to three and four plex residences is one that the board considered as a housekeeping measure consistent with fire prevention statutes and for clarity. He explained the exemption for the specialty contractors has been interpreted by some to allow the practice of engineering by specialty contractors. Certainly, fire protection contractors who are specifically educated, trained and certified to design fire protection systems are presently exempt. Other trades under specialty contractors are skilled; however, they are not able to design systems since they do not have the rigors of experience and examination to design fire systems. The remaining changes under AS 08.48.281 and 08.48.341 are "clean up" or technical language to clarify the subject of sealing of design documents. He concluded that the bill will assist in the enforcement of statutes to protect the health, safety and welfare of the public. 3:56:09 PM RICHARD REARICK, Architect, stated that he currently serves on the AELS board, but is representing himself today. He offered his support for HB 167 and echoed Mr. Hightower's statements. He offered his belief that this bill will serve to clarify the registrant's responsibility with respect to sealing of documents and to clarify the extent of the registrant's discipline with respect to incidental practice. The bill also adds definitions to AS 08.48.341. These changes are complementary to other statute changes, he said. 3:57:25 PM BRIAN HANSON, Professional Engineer (PE); Civil and Mining Engineer; Chair, Board of Registration for Architects, Engineers, and Land Surveyors (AELS), Department of Commerce, Community & Economic Development (DCCED), stated that he currently serves as chair of the AELS board. He said he is supporting HB 167, specifically, the language change for AS 08.48.221, related to signing and sealing documents which is important, in particular, the seal has added significance. He referred to AS 08.48.221, with respect to signing within the registrant's field of practice or design work of minor importance, which he also supports. He has served on the AELS Board's enforcement committee and during that time the board took some legal actions. For example, the board has on occasion had to consent decrees with licensees, who have made inappropriate statements on a document. He explained that a registered design professional cannot stamp with his/her professional stamp and later decide not take responsibility for the work. He said this is contrary to a registrant's ethics, due diligence, and public protection. Additionally, some housekeeping changes are in the bill, which were previously discussed related to three and four-plex buildings. Thus AS 08.48.341 further clarifies some of these changes. In conclusion, HB 167 will assist the board and he appreciated the committee's time and consideration. 4:00:02 PM DALE NELSON, Professional Engineer (PE); Civil Engineer; Chair, Liaison Committee, Alaska Professional Design Council (APDC), stated he has practiced in the state for forty-five years. He spoke in support of HB 167 on behalf of the APDC. The APDC is a professional group which consists of memberships of professional engineers, land surveyors, including American Institute of Architects, and the American Council of Engineering Companies. The APDC supports the bill to ensure the health, safety and welfare of the public and to provide the AELS board with additional tools to clarify and meet those needs. CHAIR OLSON indicated he enjoyed working with the AELS Board since it promotes professionalism and also since it has an impact on public protection. He thanked the board and organization for its work. 4:02:20 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on HB 167. 4:02:36 PM REPRESENTATIVE REINBOLD moved to report HB 167 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 167 was reported from the House Labor and Commerce Standing Committee. 4:02:51 PM ADJOURNMENT  There being no further business before the committee, the House Labor and Commerce Standing Committee meeting was adjourned at 4:02 p.m.