SB 305: "An Act relating to licensure of landscape architects."
00SENATE BILL NO. 305 01 "An Act relating to licensure of landscape architects." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.01.010(2) is amended to read: 04 (2) State Board of Registration for Architects, Engineers, Landscape 05 Architects, and Land Surveyors (AS 08.48.011); 06 * Sec. 2. AS 08.03.010(c)(3) is amended to read: 07 (3) State Board of Registration for Architects, Engineers, Landscape 08 Architects, and Land Surveyors (AS 08.48.011) - June 30, 1997; 09 * Sec. 3. AS 08.48.011 is amended to read: 10 Sec. 08.48.011. BOARD CREATED. (a) There is created the State Board of 11 Registration for Architects, Engineers, Landscape Architects, and Land Surveyors. 12 The board shall administer the provisions of this chapter and comply with AS 44.62 13 ( [THE] Administrative Procedure Act [(AS 44.62]). 14 (b) The board consists of 11 [NINE] members appointed by the governor
01 having the qualifications as set out in AS 08.48.031. The board consists of two civil 02 engineers, one land surveyor, one mining engineer, two engineers from other branches 03 of the profession of engineering, one landscape architect, two architects, and two 04 [ONE] public members [MEMBER]. 05 * Sec. 4. AS 08.48.061(c) is amended to read: 06 (c) The board may make expenditures from appropriated funds for any purpose 07 that is reasonably necessary for the proper performance of its duties under this chapter. 08 This may include the expenses of the board delegates to meetings of councils of 09 architect examiners, engineering examiners, landscape architect examiners, or land 10 surveyor examiners, or any of their subdivisions. The total amount of warrants issued 11 in payment of the expenses incurred under this chapter may not exceed the amount of 12 money appropriated by the legislature. 13 * Sec. 5. AS 08.48.071(f) is amended to read: 14 (f) The Department of Commerce and Economic Development shall assemble 15 statistics relating to the performance of its staff and the performance of the board, 16 including but not limited to, 17 (1) the number of architects, engineers, landscape architects, and land 18 surveyors registered over a five-year period; 19 (2) the rate of passage of examinations administered by the board; 20 (3) the number of persons making application for registration as a 21 professional architect, engineer, landscape architect, or land surveyor over a five-year 22 period; 23 (4) an account of registration fees collected under AS 08.01.065; 24 (5) a measure of the correspondence workload of any licensing 25 examiner employed by the department to carry out this chapter. 26 * Sec. 6. AS 08.48.111 is amended to read: 27 Sec. 08.48.111. POWER TO REVOKE, SUSPEND, OR REISSUE 28 CERTIFICATE. The board may suspend, refuse to renew, or revoke the certificate of 29 or reprimand a registrant or corporation who is found guilty of (1) fraud or deceit in 30 obtaining a certificate; (2) gross negligence, incompetence, or misconduct in the 31 practice of architecture, engineering, landscape architecture, or land surveying; or (3)
01 a violation of this chapter, a regulation adopted under this chapter, or the code of 02 ethics or professional conduct as adopted by the board. The code of ethics or 03 professional conduct shall be distributed in writing to every registrant and applicant 04 for registration under this chapter. This publication and distribution of the code of 05 ethics or professional conduct constitutes due notice to all registrants. The board may 06 revise and amend its code and, upon doing so, shall immediately notify each registrant 07 in writing of the revisions or amendments. The board may, upon petition of the 08 registrant or corporation, reissue a certificate if a majority of the members of the board 09 vote in favor of the reissuance. 10 * Sec. 7. AS 08.48.171 is amended to read: 11 Sec. 08.48.171. GENERAL REQUIREMENTS AND QUALIFICATIONS FOR 12 REGISTRATION. An applicant for registration as an architect, engineer, landscape 13 architect, or land surveyor must be of good character and reputation and shall submit 14 evidence satisfactory to the board of the applicant's education, training, and 15 experience. However, an applicant for registration as a land surveyor may not be 16 required to submit evidence of more than eight years of any combination of education, 17 experience, or training. 18 * Sec. 8. AS 08.48.181 is amended to read: 19 Sec. 08.48.181. REGISTRATION UPON EXAMINATION. Except as 20 provided in AS 08.48.191, for registration as a professional architect, professional 21 engineer, professional landscape architect, or professional land surveyor, a person 22 shall be examined in this state in accordance with the regulations of procedure and 23 standards adopted by the board under AS 44.62 ( [THE] Administrative Procedure Act 24 [(AS 44.62]). The procedure and standards shall at least meet the requirements 25 adopted by recognized national examining councils for these professions. 26 * Sec. 9. 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. 10. AS 08.48.201(a) is amended to read: 04 (a) Application for registration as a professional architect, a professional 05 engineer, a professional landscape architect, or a professional land surveyor shall 06 (1) be on a form prescribed and furnished by the board; 07 (2) contain statements made under oath, showing the applicant's 08 education and a detailed summary of the applicant's technical experience; and 09 (3) contain five references, three of whom must be architects for 10 architectural registration, engineers for engineering registration, landscape architects 11 for landscape architectural registration, and land surveyors for land surveying 12 registration, having personal knowledge of the applicant's architectural, engineering, 13 landscape architectural, or land surveying education, training or experience. 14 * Sec. 11. AS 08.48.211 is amended to read: 15 Sec. 08.48.211. CERTIFICATE OF REGISTRATION. (a) An applicant who 16 fulfills the requirements set out by the board shall be awarded a certificate of 17 registration as a professional architect, engineer, landscape architect, or land surveyor, 18 authorizing the holder to offer or perform architectural, engineering, landscape 19 architectural, or land surveying services or work for the public, or to certify or sign 20 architectural, engineering, landscape architectural, or land surveying documents. 21 Certificates of registration issued under this section shall be inscribed on their face in 22 a manner determined by the board. 23 (b) The certificate of registration sealed by the board is prima facie evidence 24 that the person named in it is entitled to all rights and privileges of a professional 25 architect, professional engineer, professional landscape architect, or professional land 26 surveyor while the certificate remains unrevoked or unexpired. 27 * Sec. 12. AS 08.48.221 is amended to read: 28 Sec. 08.48.221. SEALS. Each registrant may obtain a seal of the design 29 authorized by the board, bearing the registrant's name, registration number, and the 30 legend, "Registered Professional Architect," "Registered Professional Engineer," 31 "Registered Professional Landscape Architect," or "Registered Professional Land
01 Surveyor," as appropriate. Final drawings, specifications, surveys, plats, plates, reports, 02 and other similar documents shall, when issued, be signed and stamped with the seal. 03 The board shall adopt regulations governing the use of seals by the registrant. An 04 architect, engineer, landscape architect, or land surveyor may not affix or permit a 05 seal and signature to be affixed to an instrument after the expiration of a certificate or 06 for the purpose of aiding or abetting another person to evade or attempt to evade a 07 provision of this chapter. The registrant, by affixing the registrant's seal to final 08 drawings, specifications, surveys, plats, plates, reports, and other similar documents, 09 and signing them, certifies that these documents were prepared by or under the 10 registrant's direct supervision, unless the registrant certifies on the face of the 11 document to the extent of the registrant's responsibility. 12 * Sec. 13. AS 08.48.241(a) is amended to read: 13 (a) This chapter does not prevent a corporation from offering architectural, 14 engineering, landscape architectural, or land surveying services; however, the 15 corporation shall file with the board 16 (1) an application for a certificate of authorization upon a form to be 17 prescribed by the board and containing information required to enable the board to 18 determine whether the corporation is qualified in accordance with the provisions of this 19 chapter to offer to practice architecture, engineering, landscape architectural, or land 20 surveying in this state; 21 (2) a certified copy of a resolution of the board of directors of the 22 corporation designating persons holding certificates of registration under this chapter 23 as responsible for the practice of architecture, engineering, landscape architecture, 24 or land surveying by the corporation in this state and providing that full authority to 25 make all final architectural, engineering, landscape architectural, or land surveying 26 decisions on behalf of the corporation with respect to work performed by the 27 corporation in this state is granted by the board of directors to the persons designated 28 in the resolution; however, the filing of this resolution does not relieve the corporation 29 of any responsibility or liability imposed upon it by law or by contract; 30 (3) a designation in writing setting out the name of one or more 31 persons holding certificates of registration under this chapter who are in responsible
01 charge of each major branch of the architectural, engineering, landscape architectural, 02 or land surveying activities in which the corporation specializes in this state; if a 03 change is made in the person in responsible charge of a major branch of the 04 architectural, engineering, landscape architectural, or land surveying activities, the 05 change shall be designated in writing and filed with the board within 30 days after the 06 effective date of the change. 07 * Sec. 14. AS 08.48.241(b) is amended to read: 08 (b) Upon filing with the board the application for certificate of authorization, 09 certified copy of resolution, affidavit, and designation of persons specified in this 10 section, the board shall, subject to (c) of this section, issue to the corporation a 11 certificate of authorization to practice architecture, engineering, landscape 12 architecture, or land surveying in this state upon a determination by the board that 13 (1) the bylaws of the corporation contain provisions that all 14 architectural, engineering, landscape architectural, or land surveying decisions 15 pertaining to architectural, engineering, landscape architectural, or land surveying 16 activities in this state will be made by the specified architect, engineer, landscape 17 architect, or land surveyor in responsible charge, or other registered architects, 18 engineers, landscape architects, or land surveyors under the direction or supervision 19 of the architect, engineer, landscape architect, or land surveyor in responsible charge; 20 (2) the application for certificate of authorization states the type of 21 architecture, engineering, landscape architecture, or land surveying practiced or to 22 be practiced by the corporation; 23 (3) the applicant corporation has the ability to provide architectural, 24 engineering, landscape architectural, or land surveying services; 25 (4) the application for certificate of authorization states the professional 26 records of the designated person who is in responsible charge of each major branch of 27 architectural, engineering, landscape architectural, or land surveying activities in 28 which the corporation specializes; 29 (5) the application for certificate of authorization states the experience 30 of the corporation, if any, in furnishing architectural, engineering, landscape 31 architectural, or land surveying services during the preceding five-year period;
01 (6) the applicant corporation meets other requirements related to 02 professional competence in the furnishing of architectural, engineering, landscape 03 architectural, or land surveying services as may be adopted by the board in 04 furtherance of the objectives and provisions of this chapter. 05 * Sec. 15. AS 08.48.241(d) is amended to read: 06 (d) The certificate of authorization shall specify the major branches of 07 architecture, engineering, landscape architectural, or land surveying of which the 08 corporation has designated a person in responsible charge as provided in this section. 09 The certificate of authorization shall be conspicuously displayed in the place of 10 business of the corporation, together with the names of persons designated as being in 11 responsible charge of the professional activities. 12 * Sec. 16. AS 08.48.241(e) is amended to read: 13 (e) If a corporation, organized solely by either a group of architects, a group 14 of engineers, a group of landscape architects, or a group of land surveyors, each 15 holding a certificate of registration under this chapter, applies for a certificate of 16 authorization, the board may, in its discretion, grant a certificate of authorization to the 17 corporation based on a review of the professional records of the incorporators, in place 18 of the required qualifications set out in this section. If the ownership of the 19 corporation is altered, the corporation shall apply for a revised certificate of 20 authorization, based upon the professional records of the owners, if exclusively 21 architects, engineers, landscape architects, or land surveyors, or otherwise under the 22 qualifications required by (b)(1) - (4) of this section. 23 * Sec. 17. AS 08.48.241(f) is amended to read: 24 (f) A corporation authorized to offer architectural, engineering, landscape 25 architectural, or land surveying services under this chapter, together with its directors 26 and officers for their own individual acts, is responsible to the same degree as the 27 designated individual registered architect, engineer, landscape architect, or land 28 surveyor, and shall conduct its business without misconduct or malpractice in the 29 practice of architecture, engineering, landscape architecture, or land surveying as 30 defined in this chapter. 31 * Sec. 18. AS 08.48.241(g) is amended to read:
01 (g) If the board, after a proper hearing, finds that a corporation holding a 02 certificate of authorization has committed misconduct or malpractice, the board shall 03 suspend or revoke the certificate of authorization. The board shall also suspend or 04 revoke the certificate of registration of any registered individual architect, engineer, 05 landscape architect, or land surveyor who, after a proper hearing, is found by the 06 board to have participated in committing the misconduct or malpractice. 07 * Sec. 19. AS 08.48.251 is amended to read: 08 Sec. 08.48.251. PARTNERSHIPS. This chapter does not prevent the practice 09 of architecture, engineering, landscape architecture, or land surveying by partnership 10 if all of the members of the partnership are architects, engineers, landscape architects, 11 or land surveyors legally registered under this chapter. 12 * Sec. 20. AS 08.48.281 is amended to read: 13 Sec. 08.48.281. PROHIBITED PRACTICE. A person may not practice or 14 offer to practice the profession of architecture, engineering, landscape architecture, 15 or land surveying in the state, or use in connection with the person's name or 16 otherwise assume or advertise a title or description tending to convey the impression 17 that the person is a registered architect, engineer, landscape architect, or land 18 surveyor unless the person has been registered under the provisions of this chapter or 19 is a person to whom these provisions do not apply, or, in the case of a corporation, 20 unless it has been authorized under this chapter. 21 * Sec. 21. AS 08.48.291 is amended to read: 22 Sec. 08.48.291. VIOLATIONS AND PENALTIES. A person who practices 23 or offers to practice architecture, engineering, landscape architecture, or land 24 surveying in the state without being registered or authorized to practice in accordance 25 with the provisions of this chapter, or a person presenting or attempting to use the 26 certificate or the seal of another, or a person who gives false or forged evidence of any 27 kind to the board or to a member of the board in obtaining or attempting to obtain a 28 certificate, or a person who impersonates a registrant, or a person who uses or attempts 29 to use an expired or revoked or nonexistent certificate, knowing of the certificate's 30 status, or a person who falsely claims to be registered and authorized to practice under 31 this chapter, or a person who violates any of the provisions of this chapter, is guilty
01 of a misdemeanor and upon conviction is punishable by a fine of not more than 02 $10,000, or by imprisonment for not more than one year, or by both. 03 * Sec. 22. AS 08.48.311 is amended to read: 04 Sec. 08.48.311. RIGHTS NOT TRANSFERABLE. The right to engage in the 05 practice of architecture, engineering, landscape architecture, or land surveying is 06 considered a personal and individual right, based on the qualifications of the individual 07 as evidenced by the individual's certificate of registration, which is not transferable. 08 * Sec. 23. AS 08.48.321 is amended to read: 09 Sec. 08.48.321. EVIDENCE OF PRACTICE. A person practices or offers to 10 practice architecture, engineering, landscape architecture, or land surveying who 11 (1) practices a branch of the profession of architecture, engineering, 12 landscape architecture, or land surveying as defined in AS 08.48.341; 13 (2) by verbal claim, sign, advertisement, letterhead, card, or other 14 means represents to be an architect, engineer, landscape architect, or land surveyor, 15 or through the use of some other title implies that the person is an architect, engineer, 16 landscape architect, or land surveyor; 17 (3) holds out as able to perform or who does perform an architectural, 18 engineering, landscape architectural, or land surveying service recognized by the 19 professions covered by this chapter, and specified in regulations of the board, as 20 architectural, engineering, landscape architectural, or land surveying. 21 * Sec. 24. AS 08.48.331 is amended to read: 22 Sec. 08.48.331. EXEMPTIONS. This chapter does not apply to 23 (1) a contractor performing work designed by a professional architect, 24 landscape architect, or engineer or the supervision of the construction of the work as 25 a supervisor or superintendent for a contractor; 26 (2) workers in building trades crafts, superintendents, supervisors, or 27 inspectors in the performance of their customary duties; 28 (3) an officer or employee of the United States government practicing 29 architecture, engineering, landscape architecture, or land surveying as required by the 30 person's official capacity; 31 (4) an employee or a subordinate of a person registered under this
01 chapter if the work or service is done under the direct supervision of a person 02 registered under this chapter; 03 (5) associates, consultants, or specialists retained by a registered 04 individual, a partnership of registered individuals, or a corporation authorized to 05 practice architecture, engineering, landscape architecture, or land surveying under this 06 chapter, in the performance of professional services if responsible charge of the work 07 remains with the individual, the partnership, or a designated representative of the 08 corporation; 09 (6) a person preparing drawings or specifications for 10 (A) a building for the person's own use and occupancy as a 11 single family residence and related site work for that building; 12 (B) farm or ranch buildings, unless the public health, safety, or 13 welfare is involved; 14 (C) a building that is intended to be used only as a residence 15 by not more than four families and that is not more than two stories high; 16 (D) a garage, workshop, or similar building that contains less 17 than 2,000 square feet of floor space to be used for a private noncommercial 18 purpose; 19 (7) a specialty contractor licensed under AS 08.18 while engaged in the 20 business of construction contracting or designing systems for work within the specialty 21 to be performed or supervised by the specialty contractor, or a contractor preparing 22 shop or field drawings for work that the specialty contractor has contracted to perform; 23 (8) a person furnishing drawings, specifications, instruments of service, 24 or other data for alterations or repairs to a building that do not change or affect the 25 structural system or the safety of the building, or that do not affect the public health, 26 safety, or welfare; 27 (9) a person who is employed by a postsecondary educational 28 institution to teach engineering, architectural, landscape architectural, or land 29 surveying courses; in this paragraph, "postsecondary educational institution" has the 30 meaning given in AS 14.48.210. 31 * Sec. 25. AS 08.48.341(2) is amended to read:
01 (2) "board" means the State Board of Registration for Architects, 02 Engineers, Landscape Architects, and Land Surveyors; 03 * Sec. 26. AS 08.48.341(4) is amended to read: 04 (4) "certificate of authorization" means a certificate issued by the board 05 authorizing a corporation to provide professional services in architecture, engineering, 06 landscape architecture, or land surveying through individuals legally registered by 07 the board; 08 * Sec. 27. AS 08.48.341 is amended by adding new paragraphs to read: 09 (16) "landscape architect" means a professional landscape architect; 10 (17) "practice of landscape architecture" means professional service or 11 creative work in the planning of land, the design of grading, drainage, irrigation, 12 planting layout, minor site structures, and rehabilitation of disturbed land, the 13 evaluation of scenic values, the teaching of advanced landscape architectural courses 14 in institutions of higher learning, consultation, investigation, evaluation, planning, 15 design, and professional inspection and contract administration of construction of 16 public or private sitework, and landscape architectural review of drawings and 17 specifications by regulatory agencies; 18 (18) "professional landscape architect" means a person registered as a 19 professional landscape architect by the board. 20 * Sec. 28. AS 08.48.351 is amended to read: 21 Sec. 08.48.351. SHORT TITLE. This chapter may be cited as the Architects, 22 Engineers, Landscape Architects, and Land Surveyors Registration Act. 23 * Sec. 29. AS 14.43.310(b) is amended to read: 24 (b) To assist the administering authority in selecting eligible applicants for 25 award of each of the memorial scholarship loans under AS 14.43.250 - 14.43.325 and 26 in reviewing the memorial scholarship loan program, the following advisory 27 committees are established: 28 (1) three Alaska state troopers, each one to be selected from and to 29 represent a state trooper region of the state by the regional commander to serve for 30 three years, for the Michael Murphy memorial scholarship; 31 (2) three members of the Governor's Commission on the
01 Administration of Justice selected annually by the commission from among its 02 membership, for the Carroll L. "Butch" Swartz memorial scholarship; 03 (3) three members of the state Board of Registration for Architects, 04 Engineers, Landscape Architects, and Land Surveyors selected annually by the board 05 from among its engineer members, for the Harvey Golub memorial scholarship; and 06 (4) three members of the state Board of Education, or of the staff of 07 the Department of Education, or any combination of these, selected annually by the 08 board, for the Robert L. Thomas memorial scholarship. 09 * Sec. 30. AS 34.08.340(c) is amended to read: 10 (c) Before the transfer of control from the declarant to the association, an 11 inspection of the common areas and limited common areas subject to the association's 12 control shall be completed by 13 (1) an independent registered engineer, architect, landscape architect, 14 or land surveyor; 15 (2) an appraiser with the designation of senior residential appraiser, 16 senior real property appraiser, or senior real estate analyst of the Society of Real Estate 17 Appraisers; 18 (3) a residential member, or member of the appraisal institute, of the 19 American Institute of Real Estate Appraisers; or 20 (4) an individual with a designation established by regulation of the 21 Alaska Housing Finance Corporation for fee appraisers who certify the completion of 22 construction. 23 * Sec. 31. AS 34.08.700 is amended to read: 24 Sec. 34.08.700. SUBSTANTIAL COMPLETION OF UNITS. In the sale of 25 a unit for which delivery of a public offering statement is required, a contract of sale 26 may be executed, but an interest in the unit may not be conveyed until the declaration 27 is recorded, a plat or plan that accompanies the declaration is filed and recorded, and 28 the unit is substantially completed as evidenced by issuance of a certificate of 29 occupancy authorized by law or by a recorded certificate of substantial completion 30 executed by 31 (1) an independent registered engineer, architect, landscape architect,
01 or land surveyor; 02 (2) an appraiser with the designation of senior residential appraiser, 03 senior real property appraiser, or senior real estate analyst of the Society of Real Estate 04 Appraisers; 05 (3) a residential member, or member of the appraisal institute, of the 06 American Institute of Real Estate Appraisers; or 07 (4) an individual with a designation established by regulation of the 08 Alaska Housing Finance Corporation for fee appraisers who certify the completion of 09 construction. 10 * Sec. 32. AS 44.62.330(a)(4) is amended to read: 11 (4) State Board of Registration for Architects, Engineers, Landscape 12 Architects, and Land Surveyors; 13 * Sec. 33. TERMS OF NEW MEMBERS. Notwithstanding AS 08.01.035, the initial terms 14 of the two new members appointed under AS 08.48.011(b), as amended by sec. 3 of this Act, 15 are one year. 16 * Sec. 34. TRANSITION. (a) Notwithstanding this Act, a person may practice landscape 17 architecture without a certificate of registration issued under AS 08.48 until 60 days after the 18 first examination for landscape architects under AS 08.48.181, as amended by this Act, has 19 been graded. 20 (b) Notwithstanding AS 08.48.011(b), as amended by this Act, the first landscape 21 architect appointed to the State Board of Architects, Engineers, Landscape Architects, and 22 Land Surveyors need not be registered as a landscape architect under AS 08.48. The person 23 appointed under this subsection may not be reappointed without being registered under 24 AS 08.48 as a landscape architect.