00 CS FOR SENATE BILL NO. 320(FIN) am(fld S) 01 "An Act relating to membership on the Board of Registration for Architects, 02 Engineers, and Land Surveyors; relating to registration by the board; clarifying 03 the meaning of practicing or offering to practice architecture, engineering, or land 04 surveying; relating to registration of landscape architects; and amending the 05 definition of `practice of land surveying.'" 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 08.48.011 is amended to read: 08  Sec. 08.48.011. BOARD CREATED. (a) There is created the State Board of 09 Registration for Architects, Engineers, and Land Surveyors. The board shall administer 10 the provisions of this chapter and comply with AS 44.62 ( [THE] Administrative 11 Procedure Act [(AS 44.62]). 12  (b) The board consists of nine voting members appointed by the governor 13 having the qualifications as set out in AS 08.48.031 and one nonvoting member 14 appointed by the governor from persons recommended by the Alaska Chapter of 01 the American Society of Landscape Architects and having the qualifications set 02 out in AS 08.48.031. The voting members of the board consist [CONSISTS] of two 03 civil engineers, three [ONE LAND SURVEYOR, ONE MINING ENGINEER, TWO] 04 engineers from other branches of the profession of engineering, two architects, one 05 land surveyor, and one public member. 06 * Sec. 2. AS 08.48.031 is amended to read: 07  Sec. 08.48.031. QUALIFICATIONS. Each member of the board must have 08 been a resident in the state for three consecutive years immediately preceding 09 appointment and, except for the public member and the nonvoting member, must be 10 registered and have a minimum of five years of professional practice in the member's 11 respective field. 12 * Sec. 3. AS 08.48.061(b) is amended to read: 13  (b) Each voting member of the board is entitled to receive per diem and travel 14 expenses as authorized by law for other boards and commissions. The nonvoting 15 member of the board is not entitled to receive either per diem or travel expenses. 16 * Sec. 4. AS 08.48.061(c) is amended to read: 17  (c) The board may make expenditures from appropriated funds for any purpose 18 that is reasonably necessary for the proper performance of its duties under this chapter. 19 This may include the expenses of the board delegates to meetings of councils of 20 architect examiners, engineering examiners, [OR] land surveyor examiners, or 21 landscape architect examiners, or any of their subdivisions. The total amount of 22 warrants issued in payment of the expenses incurred under this chapter may not exceed 23 the amount of money appropriated by the legislature. 24 * Sec. 5. AS 08.48.071(f) is amended to read: 25  (f) The Department of Commerce and Economic Development shall assemble 26 statistics relating to the performance of its staff and the performance of the board, 27 including but not limited to, 28  (1) the number of architects, engineers, [AND] land surveyors, and 29 landscape architects registered over a five-year period; 30  (2) the rate of passage of examinations administered by the board; 31  (3) the number of persons making application for registration as a 01 professional architect, engineer, [OR] land surveyor, or landscape architect over a 02 five-year period; 03  (4) an account of registration fees collected under AS 08.01.065; 04  (5) a measure of the correspondence workload of any licensing 05 examiner employed by the department to carry out this chapter. 06 * Sec. 6. AS 08.48.091 is amended to read: 07  Sec. 08.48.091. WRITTEN EXAMINATIONS [AND EXAMINATION FEES]. 08 Except as provided in (b) of this section, written [WRITTEN] examinations shall 09 be held at least twice each year at places determined by the board unless the 10 examination administered by the board is a national examination prepared only once 11 each year, in which case the examination shall be held at least once each year. A 12 candidate failing an examination may apply for reexamination. 13 * Sec. 7. AS 08.48.091 is amended by adding a new subsection to read: 14  (b) The board shall administer a written examination at least once each year 15 for applicants who are seeking to be registered as landscape architects. 16 * Sec. 8. AS 08.48.111 is amended to read: 17  Sec. 08.48.111. POWER TO REVOKE, SUSPEND, OR REISSUE 18 CERTIFICATE. The board may suspend, refuse to renew, or revoke the certificate of 19 or reprimand a registrant or corporation who is found guilty of (1) fraud or deceit in 20 obtaining a certificate; (2) gross negligence, incompetence, or misconduct in the 21 practice of architecture, engineering, [OR] land surveying, or landscape architecture; 22 or (3) a violation of this chapter, a regulation adopted under this chapter, or the code 23 of ethics or professional conduct as adopted by the board. The code of ethics or 24 professional conduct shall be distributed in writing to every registrant and applicant 25 for registration under this chapter. This publication and distribution of the code of 26 ethics or professional conduct constitutes due notice to all registrants. The board may 27 revise and amend its code and, upon doing so, shall immediately notify each registrant 28 in writing of the revisions or amendments. The board may, upon petition of the 29 registrant or corporation, reissue a certificate if a majority of the members of the board 30 vote in favor of the reissuance. 31 * Sec. 9. AS 08.48.171 is amended to read: 01  Sec. 08.48.171. GENERAL REQUIREMENTS AND QUALIFICATIONS FOR 02 REGISTRATION. An applicant for registration as an architect, engineer, [OR] land 03 surveyor, or landscape architect must be of good character and reputation and shall 04 submit evidence satisfactory to the board of the applicant's education, training, and 05 experience. However, an applicant for registration as a land surveyor may not be 06 required to submit evidence of more than eight years of any combination of education, 07 experience, or training. 08 * Sec. 10. AS 08.48.181 is amended to read: 09  Sec. 08.48.181. REGISTRATION UPON EXAMINATION. Except as 10 provided in AS 08.48.191, for registration as a professional architect, professional 11 engineer, [OR] professional land surveyor, or professional landscape architect, a 12 person shall be examined in this state in accordance with the regulations of procedure 13 and standards adopted by the board under AS 44.62 ( [THE] Administrative Procedure 14 Act [(AS 44.62]). The procedure and standards shall at least meet the requirements 15 adopted by recognized national examining councils for these professions." 16 * Sec. 11. AS 08.48.191(b) is amended to read: 17  (b) A person holding a certificate of registration authorizing the person to 18 practice engineering in a state, territory, or possession of the United States, the District 19 of Columbia, or a foreign country, that, in the opinion of the board meets the 20 requirements of this chapter, based on verified evidence, may, upon application, be 21 registered in accordance with regulations of the board. [A PERSON HOLDING A 22 CERTIFICATE OF QUALIFICATION ISSUED BY THE NATIONAL COUNCIL OF 23 ENGINEERING EXAMINERS COMMITTEE ON NATIONAL ENGINEERING 24 CERTIFICATION MAY, UPON APPLICATION, BE REGISTERED IN 25 ACCORDANCE WITH THE REGULATIONS OF THE BOARD.] 26 * Sec. 12. AS 08.48.191 is amended by adding a new subsection to read: 27  (d) A person holding a certificate of registration authorizing the person to 28 practice landscape architecture in a state, territory, or possession of the United States, 29 the District of Columbia, or a foreign country, that in the opinion of the board meets 30 the requirements of this chapter, based on verified evidence, may upon application, be 31 registered under the regulations of the board. A person holding a certificate of 01 qualification issued by the Council of Landscape Architectural Registration Boards 02 may upon application be registered under regulations of the board. 03 * Sec. 13. AS 08.48.201(a) is amended to read: 04  (a) Application for registration as a professional architect, a professional 05 engineer, [OR] a professional land surveyor, or a professional landscape architect 06 shall 07  (1) be on a form prescribed and furnished by the board; 08  (2) contain statements made under oath, showing the applicant's 09 education and a detailed summary of the applicant's technical experience; and 10  (3) contain five references, three of whom must be architects for 11 architectural registration, engineers for engineering registration, [AND] land surveyors 12 for land surveying registration, and landscape architects for landscape architectural 13 registration, having personal knowledge of the applicant's architectural, engineering, 14 [OR] land surveying, or landscape architectural education, training, or experience. 15 * Sec. 14. AS 08.48.211 is amended to read: 16  Sec. 08.48.211. CERTIFICATE OF REGISTRATION. (a) An applicant who 17 fulfills the requirements set out by the board shall be awarded a certificate of 18 registration as a professional architect, engineer, [OR] land surveyor, or landscape 19 architect, authorizing the holder to offer or perform architectural, engineering, [OR] 20 land surveying, or landscape architectural services or work for the public, or to 21 certify or sign architectural, engineering, [OR] land surveying, or landscape 22 architectural documents. Certificates of registration issued under this section shall 23 be inscribed on their face in a manner determined by the board. 24  (b) The certificate of registration sealed by the board is prima facie evidence 25 that the person named in it is entitled to all rights and privileges of a professional 26 architect, professional engineer, [OR] professional land surveyor, or professional 27 landscape architect while the certificate remains unrevoked or unexpired. 28 * Sec. 15. AS 08.48.221 is amended to read: 29  Sec. 08.48.221. SEALS. Each registrant may obtain a seal of the design 30 authorized by the board, bearing the registrant's name, registration number, and the 31 legend, "Registered Professional Architect," "Registered Professional Engineer," [OR] 01 "Registered Professional Land Surveyor," or "Registered Professional Landscape 02 Architect," as appropriate. Final drawings, specifications, surveys, plats, plates, 03 reports, and other similar documents shall, when issued, be signed and stamped with 04 the seal. The board shall adopt regulations governing the use of seals by the registrant. 05 An architect, engineer, [OR] land surveyor, or landscape architect may not affix or 06 permit a seal and signature to be affixed to an instrument after the expiration of a 07 certificate or for the purpose of aiding or abetting another person to evade or attempt 08 to evade a provision of this chapter. The registrant, by affixing the registrant's seal 09 to final drawings, specifications, surveys, plats, plates, reports, and other similar 10 documents, and signing them, certifies that these documents were prepared by or under 11 the registrant's direct supervision, unless the registrant certifies on the face of the 12 document to the extent of the registrant's responsibility. 13 * Sec. 16. AS 08.48.241(a) is amended to read: 14  (a) This chapter does not prevent a corporation from offering architectural, 15 engineering, [OR] land surveying, or landscape architectural services; however, the 16 corporation shall file with the board 17  (1) an application for a certificate of authorization upon a form to be 18 prescribed by the board and containing information required to enable the board to 19 determine whether the corporation is qualified in accordance with the provisions of this 20 chapter to offer to practice architecture, engineering, [OR] land surveying, or 21 landscape architecture in this state; 22  (2) a certified copy of a resolution of the board of directors of the 23 corporation designating persons holding certificates of registration under this chapter 24 as responsible for the practice of architecture, engineering, [OR] land surveying, or 25 landscape architecture by the corporation in this state and providing that full 26 authority to make all final architectural, engineering, [OR] land surveying, or 27 landscape architectural decisions on behalf of the corporation with respect to work 28 performed by the corporation in this state is granted by the board of directors to the 29 persons designated in the resolution; however, the filing of this resolution does not 30 relieve the corporation of any responsibility or liability imposed upon it by law or by 31 contract; 01  (3) a designation in writing setting out the name of one or more 02 persons holding certificates of registration under this chapter who are in responsible 03 charge of each major branch of the architectural, engineering, [OR] land surveying, or 04 landscape architectural activities in which the corporation specializes in this state; 05 if a change is made in the person in responsible charge of a major branch of the 06 architectural, engineering, [OR] land surveying, or landscape architectural activities, 07 the change shall be designated in writing and filed with the board within 30 days after 08 the effective date of the change. 09 * Sec. 17. AS 08.48.241(b) is amended to read: 10  (b) Upon filing with the board the application for certificate of authorization, 11 certified copy of resolution, affidavit, and designation of persons specified in this 12 section, the board shall, subject to (c) of this section, issue to the corporation a 13 certificate of authorization to practice architecture, engineering, [OR] land surveying, 14 or landscape architecture in this state upon a determination by the board that 15  (1) the bylaws of the corporation contain provisions that all 16 architectural, engineering, [OR] land surveying, or landscape architectural decisions 17 pertaining to architectural, engineering, [OR] land surveying, or landscape 18 architectural activities in this state will be made by the specified architect, engineer, 19 [OR] land surveyor, or landscape architect in responsible charge, or other registered 20 architects, engineers, [OR] land surveyors, or landscape architects under the direction 21 or supervision of the architect, engineer, [OR] land surveyor, or landscape architect 22 in responsible charge; 23  (2) the application for certificate of authorization states the type of 24 architecture, engineering, [OR] land surveying, or landscape architecture practiced 25 or to be practiced by the corporation; 26  (3) the applicant corporation has the ability to provide architectural, 27 engineering, [OR] land surveying, or landscape architectural services; 28  (4) the application for certificate of authorization states the professional 29 records of the designated person who is in responsible charge of each major branch of 30 architectural, engineering, [OR] land surveying, or landscape architectural activities 31 in which the corporation specializes; 01  (5) the application for certificate of authorization states the experience 02 of the corporation, if any, in furnishing architectural, engineering, [OR] land surveying, 03 or landscape architectural services during the preceding five-year period; 04  (6) the applicant corporation meets other requirements related to 05 professional competence in the furnishing of architectural, engineering, [OR] land 06 surveying, or landscape architectural services as may be adopted by the board in 07 furtherance of the objectives and provisions of this chapter. 08 * Sec. 18. AS 08.48.241(d) is amended to read: 09  (d) The certificate of authorization shall specify the major branches of 10 architecture, engineering, [OR] land surveying, or landscape architecture of which 11 the corporation has designated a person in responsible charge as provided in this 12 section. The certificate of authorization shall be conspicuously displayed in the place 13 of business of the corporation, together with the names of persons designated as being 14 in responsible charge of the professional activities. 15 * Sec. 19. AS 08.48.241(e) is amended to read: 16  (e) If a corporation, organized solely by either a group of architects, a group 17 of engineers, [OR] a group of land surveyors, or a group of landscape architects, 18 each holding a certificate of registration under this chapter, applies for a certificate of 19 authorization, the board may, in its discretion, grant a certificate of authorization to the 20 corporation based on a review of the professional records of the incorporators, in place 21 of the required qualifications set out in this section. If the ownership of the 22 corporation is altered, the corporation shall apply for a revised certificate of 23 authorization, based upon the professional records of the owners, if exclusively 24 architects, engineers, [OR] land surveyors, or landscape architects, or otherwise under 25 the qualifications required by (b)(1) - (4) of this section. 26 * Sec. 20. AS 08.48.241(f) is amended to read: 27  (f) A corporation authorized to offer architectural, engineering, [OR] land 28 surveying, or landscape architectural services under this chapter, together with its 29 directors and officers for their own individual acts, is responsible to the same degree 30 as the designated individual registered architect, engineer, [OR] land surveyor, or 31 landscape architect, and shall conduct its business without misconduct or malpractice 01 in the practice of architecture, engineering, [OR] land surveying, or landscape 02 architecture as defined in this chapter. 03 * Sec. 21. AS 08.48.241(g) is amended to read: 04  (g) If the board, after a proper hearing, finds that a corporation holding a 05 certificate of authorization has committed misconduct or malpractice, the board shall 06 suspend or revoke the certificate of authorization. The board shall also suspend or 07 revoke the certificate of registration of any registered individual architect, engineer, 08 [OR] land surveyor, or landscape architect who, after a proper hearing, is found by 09 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. PARTNERSHIPS. This chapter does not prevent the practice 12 of architecture, engineering, [OR] land surveying, or landscape architecture by 13 partnership if all of the members of the partnership are architects, engineers, [OR] land 14 surveyors, or landscape architects legally registered under this chapter. 15 * Sec. 23. AS 08.48.281 is amended to read: 16  Sec. 08.48.281. PROHIBITED PRACTICE. A person may not practice or 17 offer to practice the profession of architecture, engineering, [OR] land surveying, or 18 landscape architecture in the state, or use in connection with the person's name or 19 otherwise assume or advertise a title or description tending to convey the impression 20 that the person is a registered architect, engineer, [OR] land surveyor, or landscape 21 architect unless the person has been registered under the provisions of this chapter or 22 is a person to whom these provisions do not apply, or, in the case of a corporation, 23 unless it has been authorized under this chapter. 24 * Sec. 24. AS 08.48.281 is amended by adding new subsections to read: 25  (b) Notwithstanding (a) of this section, this chapter does not prohibit the 26 practice of landscape architecture by a person who is not registered to practice 27 landscape architecture if the services being performed by the person are within the 28 scope of practice authorized by another license that is held by the person. 29  (c) Notwithstanding the definition of the "practice of landscape architecture" 30 in AS 08.48.341, a registered landscape architect may not perform or offer to perform 31 a service described in AS 08.48.341(17) if that service also requires registration as an 01 architect or engineer unless the landscape architect is also registered as an architect or 02 engineer, as applicable. 03 * Sec. 25. AS 08.48.291 is amended to read: 04  Sec. 08.48.291. VIOLATIONS AND PENALTIES. A person who practices 05 or offers to practice architecture, engineering, [OR] land surveying, or landscape 06 architecture in the state without being registered or authorized to practice in 07 accordance with the provisions of this chapter, or a person presenting or attempting to 08 use the certificate or the seal of another, or a person who gives false or forged 09 evidence of any kind to the board or to a member of the board in obtaining or 10 attempting to obtain a certificate, or a person who impersonates a registrant, or a 11 person who uses or attempts to use an expired or revoked or nonexistent certificate, 12 knowing of the certificate's status, or a person who falsely claims to be registered and 13 authorized to practice under this chapter, or a person who violates any of the 14 provisions of this chapter, is guilty of a misdemeanor and upon conviction is 15 punishable by a fine of not more than $10,000, or by imprisonment for not more than 16 one year, or by both. 17 * Sec. 26. AS 08.48.311 is amended to read: 18  Sec. 08.48.311. RIGHTS NOT TRANSFERABLE. The right to engage in the 19 practice of architecture, engineering, [OR] land surveying, or landscape architecture 20 is considered a personal and individual right, based on the qualifications of the 21 individual as evidenced by the individual's certificate of registration, which is not 22 transferable. 23 * Sec. 27. AS 08.48.321 is amended to read: 24  Sec. 08.48.321. EVIDENCE OF PRACTICE. A person practices or offers to 25 practice architecture, engineering, [OR] land surveying, or landscape architecture 26 who 27  (1) practices a branch of the profession of architecture, engineering,  28 [OR] land surveying, or landscape architecture as defined in AS 08.48.341; 29  (2) by verbal claim, sign, advertisement, letterhead, card, or other 30 means represents to be an architect, engineer, [OR] land surveyor, or landscape 31 architect, or through the use of some other title implies that the person is an architect, 01 engineer, [OR] land surveyor, or landscape architect; or 02  (3) holds out as able to perform or who does perform an architectural, 03 engineering, [OR] land surveying, or landscape architectural service recognized by 04 the professions covered by this chapter, and specified in regulations of the board, as 05 an architectural, engineering, [OR] land surveying, or landscape architectural 06 service. 07 * Sec. 28. AS 08.48.331 is amended to read: 08  Sec. 08.48.331. EXEMPTIONS. This chapter does not apply to 09  (1) a contractor performing work designed by a professional architect, 10 [OR] engineer, or landscape architect or the supervision of the construction of the 11 work as a supervisor or superintendent for a contractor; 12  (2) workers in building trades crafts, superintendents, supervisors, or 13 inspectors in the performance of their customary duties; 14  (3) an officer or employee of the United States government practicing 15 architecture, engineering, [OR] land surveying, or landscape architecture as required 16 by the person's official capacity; 17  (4) an employee or a subordinate of a person registered under this 18 chapter if the work or service is done under the direct supervision of a person 19 registered under this chapter; 20  (5) associates, consultants, or specialists retained by a registered 21 individual, a partnership of registered individuals, or a corporation authorized to 22 practice architecture, engineering, [OR] land surveying, or landscape architecture 23 under this chapter, in the performance of professional services if responsible charge 24 of the work remains with the individual, the partnership, or a designated representative 25 of the corporation; 26  (6) a person preparing drawings or specifications for 27  (A) a building for the person's own use and occupancy as a 28 single family residence and related site work for that building; 29  (B) farm or ranch buildings, unless the public health, safety, or 30 welfare is involved; 31  (C) a building that is intended to be used only as a residence 01 by not more than four families and that is not more than two stories high; 02  (D) a garage, workshop, or similar building that contains less 03 than 2,000 square feet of floor space to be used for a private noncommercial 04 purpose; 05  (7) a specialty contractor licensed under AS 08.18 while engaged in the 06 business of construction contracting or designing systems for work within the specialty 07 to be performed or supervised by the specialty contractor, or a contractor preparing 08 shop or field drawings for work that the specialty contractor has contracted to perform; 09  (8) a person furnishing drawings, specifications, instruments of service, 10 or other data for alterations or repairs to a building that do not change or affect the 11 structural system or the safety of the building, or that do not affect the public health, 12 safety, or welfare; 13  (9) a person who is employed by a postsecondary educational 14 institution to teach engineering, architectural, [or] land surveying, or landscape 15 architectural courses; in this paragraph, "postsecondary educational institution" has 16 the meaning given in AS 14.48.210; 17  (10) an officer or employee of a political subdivision or public 18 corporation, which officer or employee practices architecture, engineering, or land 19 surveying when required by that person's official capacity or work duties 20 connected with that person's employment, if the political subdivision or public 21 corporation is not engaged in the business of offering architectural, engineering, 22 or land surveying services to the public. 23 * Sec. 29. AS 08.48.341(4) is amended to read: 24  (4) "certificate of authorization" means a certificate issued by the board 25 authorizing a corporation to provide professional services in architecture, engineering, 26 [OR] land surveying, or landscape architecture through individuals legally registered 27 by the board;" 28 * Sec. 30. AS 08.48.341(10) is amended to read: 29  (10) "practice of land surveying" means any service or work the 30 adequate performance of which involves the application of special knowledge of the 31 principles of mathematics, the physical and applied related sciences, and the relevant 01 requirements of law for adequate evidence of the act of measuring and locating land, 02 lines, angles, elevations, natural and manmade features in the air, on the surface 03 of the earth, within underground workings, and on the beds of bodies of water for 04 the purpose of determining areas and volumes, geodetic and cadastral surveys for 05 the location and monumentation of property boundaries, for the platting and planning 06 of land and subdivisions of land, including the topography, alignment, and grades 07 for streets, and for the preparation and perpetuation of maps, record plats, field note 08 records, and property descriptions that represent these surveys; 09 * Sec. 31. AS 08.48.341 is amended by adding new paragraphs to read: 10  (16) "landscape architect" means a professional landscape architect; 11  (17) "practice of landscape architecture" 12  (A) means, except as provided in (B) of this paragraph, 13 consultative, investigative, reconnaissance, research, planning, design, and 14 preparation services relating to drawings and construction documents, 15 observation of construction, and location, arrangement, and design of incidental 16 and necessary tangible objects and features for the purpose of 17  (i) preservation and enhancement of land uses and 18 natural land features; 19  (ii) location and construction of aesthetically pleasing 20 and functional approaches for structures, roadways, and walkways; 21  (iii) establishing or maintaining trails, plantings, 22 landscape irrigation, landscape lighting, and landscape grading; or 23  (iv) generalized planning of the development of land 24 areas in a manner that is sensitive to the area's natural and cultural 25 resources; 26  (B) does not include revegetation, restoration, reclamation, 27 rehabilitation, or erosion control on land disturbed by mining activities or oil 28 and gas exploration, production, or transportation activities; 29  (18) "professional landscape architect" means a person registered as a 30 professional landscape architect by the board. 31  * Sec. 32. TERMS OF NEW MEMBERS. Notwithstanding AS 08.01.035, the initial term 01 of the new nonvoting member appointed under AS 08.48.011(b), as amended by sec. 1 of this 02 Act, is one year. 03 * Sec. 33. TRANSITION. Notwithstanding this Act, a person may practice landscape 04 architecture without a certificate of registration issued under AS 08.48 until 60 days after the 05 first examination for landscape architects administered in the state under AS 08.48.181, as 06 amended by this Act, has been graded.