CSSB 305(L&C): "An Act relating to licensure of landscape architects."
00CS FOR SENATE BILL NO. 305(L&C) 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 nine voting members appointed by the governor
01 having the qualifications as set out in AS 08.48.031 and one nonvoting member 02 appointed by the governor from persons recommended by the Alaska Chapter of 03 the American Society of Landscape Architects and having the qualifications set 04 out in AS 08.48.031. The voting members of the board consist [CONSISTS] of two 05 civil engineers, one land surveyor, one mining engineer, two engineers from other 06 branches of the profession of engineering, two architects, and one public member. 07 * Sec. 4. AS 08.48.031 is amended to read: 08 Sec. 08.48.031. QUALIFICATIONS. Each member of the board must have 09 been a resident in the state for three consecutive years immediately preceding 10 appointment and, except for the public member and the nonvoting member, must be 11 registered and have a minimum of five years of professional practice in the member's 12 respective field. 13 * Sec. 5. AS 08.48.061(b) is amended to read: 14 (b) Each voting member of the board is entitled to receive per diem and travel 15 expenses as authorized by law for other boards and commissions. The nonvoting 16 member of the board is not entitled to receive either per diem or travel expenses. 17 * Sec. 6. AS 08.48.061(c) is amended to read: 18 (c) The board may make expenditures from appropriated funds for any purpose 19 that is reasonably necessary for the proper performance of its duties under this chapter. 20 This may include the expenses of the board delegates to meetings of councils of 21 architect examiners, engineering examiners, landscape architect examiners, or land 22 surveyor examiners, or any of their subdivisions. The total amount of warrants issued 23 in payment of the expenses incurred under this chapter may not exceed the amount of 24 money appropriated by the legislature. 25 * Sec. 7. AS 08.48.071(f) is amended to read: 26 (f) The Department of Commerce and Economic Development shall assemble 27 statistics relating to the performance of its staff and the performance of the board, 28 including but not limited to, 29 (1) the number of architects, engineers, landscape architects, and land 30 surveyors registered over a five-year period; 31 (2) the rate of passage of examinations administered by the board;
01 (3) the number of persons making application for registration as a 02 professional architect, engineer, landscape architect, or land surveyor over a five-year 03 period; 04 (4) an account of registration fees collected under AS 08.01.065; 05 (5) a measure of the correspondence workload of any licensing 06 examiner employed by the department to carry out this chapter. 07 * Sec. 8. AS 08.48.091 is amended to read: 08 Sec. 08.48.091. WRITTEN EXAMINATIONS [AND EXAMINATION FEES]. 09 Except as provided in (b) of this section, written [WRITTEN] examinations shall 10 be held at least twice each year at places determined by the board unless the 11 examination administered by the board is a national examination prepared only once 12 each year, in which case the examination shall be held at least once each year. A 13 candidate failing an examination may apply for reexamination. 14 * Sec. 9. AS 08.48.091 is amended by adding a new subsection to read: 15 (b) The board shall administer a written examination at least once each year 16 for applicants who are seeking to be registered as landscape architects. 17 * Sec. 10. AS 08.48.111 is amended to read: 18 Sec. 08.48.111. POWER TO REVOKE, SUSPEND, OR REISSUE 19 CERTIFICATE. The board may suspend, refuse to renew, or revoke the certificate of 20 or reprimand a registrant or corporation who is found guilty of (1) fraud or deceit in 21 obtaining a certificate; (2) gross negligence, incompetence, or misconduct in the 22 practice of architecture, engineering, landscape architecture, or land surveying; or (3) 23 a violation of this chapter, a regulation adopted under this chapter, or the code of 24 ethics or professional conduct as adopted by the board. The code of ethics or 25 professional conduct shall be distributed in writing to every registrant and applicant 26 for registration under this chapter. This publication and distribution of the code of 27 ethics or professional conduct constitutes due notice to all registrants. The board may 28 revise and amend its code and, upon doing so, shall immediately notify each registrant 29 in writing of the revisions or amendments. The board may, upon petition of the 30 registrant or corporation, reissue a certificate if a majority of the members of the board 31 vote in favor of the reissuance.
01 * Sec. 11. AS 08.48.171 is amended to read: 02 Sec. 08.48.171. GENERAL REQUIREMENTS AND QUALIFICATIONS FOR 03 REGISTRATION. An applicant for registration as an architect, engineer, landscape 04 architect, or land surveyor must be of good character and reputation and shall submit 05 evidence satisfactory to the board of the applicant's education, training, and 06 experience. However, an applicant for registration as a land surveyor may not be 07 required to submit evidence of more than eight years of any combination of education, 08 experience, or training. 09 * Sec. 12. AS 08.48.181 is amended to read: 10 Sec. 08.48.181. REGISTRATION UPON EXAMINATION. Except as 11 provided in AS 08.48.191, for registration as a professional architect, professional 12 engineer, professional landscape architect, or professional land surveyor, a person 13 shall be examined in this state in accordance with the regulations of procedure and 14 standards adopted by the board under AS 44.62 ( [THE] Administrative Procedure Act 15 [(AS 44.62]). The procedure and standards shall at least meet the requirements 16 adopted by recognized national examining councils for these professions. 17 * Sec. 13. AS 08.48.191 is amended by adding a new subsection to read: 18 (d) A person holding a certificate of registration authorizing the person to 19 practice landscape architecture in a state, territory, or possession of the United States, 20 the District of Columbia, or a foreign country, that in the opinion of the board meets 21 the requirements of this chapter, based on verified evidence, may upon application, be 22 registered under the regulations of the board. A person holding a certificate of 23 qualification issued by the Council of Landscape Architectural Registration Boards 24 may upon application be registered under regulations of the board. 25 * Sec. 14. AS 08.48.201(a) is amended to read: 26 (a) Application for registration as a professional architect, a professional 27 engineer, a professional landscape architect, or a professional land surveyor shall 28 (1) be on a form prescribed and furnished by the board; 29 (2) contain statements made under oath, showing the applicant's 30 education and a detailed summary of the applicant's technical experience; and 31 (3) contain five references, three of whom must be architects for
01 architectural registration, engineers for engineering registration, landscape architects 02 for landscape architectural registration, and land surveyors for land surveying 03 registration, having personal knowledge of the applicant's architectural, engineering, 04 landscape architectural, or land surveying education, training or experience. 05 * Sec. 15. AS 08.48.211 is amended to read: 06 Sec. 08.48.211. CERTIFICATE OF REGISTRATION. (a) An applicant who 07 fulfills the requirements set out by the board shall be awarded a certificate of 08 registration as a professional architect, engineer, landscape architect, or land surveyor, 09 authorizing the holder to offer or perform architectural, engineering, landscape 10 architectural, or land surveying services or work for the public, or to certify or sign 11 architectural, engineering, landscape architectural, or land surveying documents. 12 Certificates of registration issued under this section shall be inscribed on their face in 13 a manner determined by the board. 14 (b) The certificate of registration sealed by the board is prima facie evidence 15 that the person named in it is entitled to all rights and privileges of a professional 16 architect, professional engineer, professional landscape architect, or professional land 17 surveyor while the certificate remains unrevoked or unexpired. 18 * Sec. 16. AS 08.48.221 is amended to read: 19 Sec. 08.48.221. SEALS. Each registrant may obtain a seal of the design 20 authorized by the board, bearing the registrant's name, registration number, and the 21 legend, "Registered Professional Architect," "Registered Professional Engineer," 22 "Registered Professional Landscape Architect," or "Registered Professional Land 23 Surveyor," as appropriate. Final drawings, specifications, surveys, plats, plates, reports, 24 and other similar documents shall, when issued, be signed and stamped with the seal. 25 The board shall adopt regulations governing the use of seals by the registrant. An 26 architect, engineer, landscape architect, or land surveyor may not affix or permit a 27 seal and signature to be affixed to an instrument after the expiration of a certificate or 28 for the purpose of aiding or abetting another person to evade or attempt to evade a 29 provision of this chapter. The registrant, by affixing the registrant's seal to final 30 drawings, specifications, surveys, plats, plates, reports, and other similar documents, 31 and signing them, certifies that these documents were prepared by or under the
01 registrant's direct supervision, unless the registrant certifies on the face of the 02 document to the extent of the registrant's responsibility. 03 * Sec. 17. AS 08.48.241(a) is amended to read: 04 (a) This chapter does not prevent a corporation from offering architectural, 05 engineering, landscape architectural, or land surveying services; however, the 06 corporation shall file with the board 07 (1) an application for a certificate of authorization upon a form to be 08 prescribed by the board and containing information required to enable the board to 09 determine whether the corporation is qualified in accordance with the provisions of this 10 chapter to offer to practice architecture, engineering, landscape architectural, or land 11 surveying in this state; 12 (2) a certified copy of a resolution of the board of directors of the 13 corporation designating persons holding certificates of registration under this chapter 14 as responsible for the practice of architecture, engineering, landscape architecture, 15 or land surveying by the corporation in this state and providing that full authority to 16 make all final architectural, engineering, landscape architectural, or land surveying 17 decisions on behalf of the corporation with respect to work performed by the 18 corporation in this state is granted by the board of directors to the persons designated 19 in the resolution; however, the filing of this resolution does not relieve the corporation 20 of any responsibility or liability imposed upon it by law or by contract; 21 (3) a designation in writing setting out the name of one or more 22 persons holding certificates of registration under this chapter who are in responsible 23 charge of each major branch of the architectural, engineering, landscape architectural, 24 or land surveying activities in which the corporation specializes in this state; if a 25 change is made in the person in responsible charge of a major branch of the 26 architectural, engineering, landscape architectural, or land surveying activities, the 27 change shall be designated in writing and filed with the board within 30 days after the 28 effective date of the change. 29 * Sec. 18. AS 08.48.241(b) is amended to read: 30 (b) Upon filing with the board the application for certificate of authorization, 31 certified copy of resolution, affidavit, and designation of persons specified in this
01 section, the board shall, subject to (c) of this section, issue to the corporation a 02 certificate of authorization to practice architecture, engineering, landscape 03 architecture, or land surveying in this state upon a determination by the board that 04 (1) the bylaws of the corporation contain provisions that all 05 architectural, engineering, landscape architectural, or land surveying decisions 06 pertaining to architectural, engineering, landscape architectural, or land surveying 07 activities in this state will be made by the specified architect, engineer, landscape 08 architect, or land surveyor in responsible charge, or other registered architects, 09 engineers, landscape architects, or land surveyors under the direction or supervision 10 of the architect, engineer, landscape architect, or land surveyor in responsible charge; 11 (2) the application for certificate of authorization states the type of 12 architecture, engineering, landscape architecture, or land surveying practiced or to 13 be practiced by the corporation; 14 (3) the applicant corporation has the ability to provide architectural, 15 engineering, landscape architectural, or land surveying services; 16 (4) the application for certificate of authorization states the professional 17 records of the designated person who is in responsible charge of each major branch of 18 architectural, engineering, landscape architectural, or land surveying activities in 19 which the corporation specializes; 20 (5) the application for certificate of authorization states the experience 21 of the corporation, if any, in furnishing architectural, engineering, landscape 22 architectural, or land surveying services during the preceding five-year period; 23 (6) the applicant corporation meets other requirements related to 24 professional competence in the furnishing of architectural, engineering, landscape 25 architectural, or land surveying services as may be adopted by the board in 26 furtherance of the objectives and provisions of this chapter. 27 * Sec. 19. AS 08.48.241(d) is amended to read: 28 (d) The certificate of authorization shall specify the major branches of 29 architecture, engineering, landscape architectural, or land surveying of which the 30 corporation has designated a person in responsible charge as provided in this section. 31 The certificate of authorization shall be conspicuously displayed in the place of
01 business of the corporation, together with the names of persons designated as being in 02 responsible charge of the professional activities. 03 * Sec. 20. AS 08.48.241(e) is amended to read: 04 (e) If a corporation, organized solely by either a group of architects, a group 05 of engineers, a group of landscape architects, or a group of land surveyors, each 06 holding a certificate of registration under this chapter, applies for a certificate of 07 authorization, the board may, in its discretion, grant a certificate of authorization to the 08 corporation based on a review of the professional records of the incorporators, in place 09 of the required qualifications set out in this section. If the ownership of the 10 corporation is altered, the corporation shall apply for a revised certificate of 11 authorization, based upon the professional records of the owners, if exclusively 12 architects, engineers, landscape architects, or land surveyors, or otherwise under the 13 qualifications required by (b)(1) - (4) of this section. 14 * Sec. 21. AS 08.48.241(f) is amended to read: 15 (f) A corporation authorized to offer architectural, engineering, landscape 16 architectural, or land surveying services under this chapter, together with its directors 17 and officers for their own individual acts, is responsible to the same degree as the 18 designated individual registered architect, engineer, landscape architect, or land 19 surveyor, and shall conduct its business without misconduct or malpractice in the 20 practice of architecture, engineering, landscape architecture, or land surveying as 21 defined in this chapter. 22 * Sec. 22. AS 08.48.241(g) is amended to read: 23 (g) If the board, after a proper hearing, finds that a corporation holding a 24 certificate of authorization has committed misconduct or malpractice, the board shall 25 suspend or revoke the certificate of authorization. The board shall also suspend or 26 revoke the certificate of registration of any registered individual architect, engineer, 27 landscape architect, or land surveyor who, after a proper hearing, is found by the 28 board to have participated in committing the misconduct or malpractice. 29 * Sec. 23. AS 08.48.251 is amended to read: 30 Sec. 08.48.251. PARTNERSHIPS. This chapter does not prevent the practice 31 of architecture, engineering, landscape architecture, or land surveying by partnership
01 if all of the members of the partnership are architects, engineers, landscape architects, 02 or land surveyors legally registered under this chapter. 03 * Sec. 24. AS 08.48.281 is amended to read: 04 Sec. 08.48.281. PROHIBITED PRACTICE. A person may not practice or 05 offer to practice the profession of architecture, engineering, landscape architecture, 06 or land surveying in the state, or use in connection with the person's name or 07 otherwise assume or advertise a title or description tending to convey the impression 08 that the person is a registered architect, engineer, landscape architect, or land 09 surveyor unless the person has been registered under the provisions of this chapter or 10 is a person to whom these provisions do not apply, or, in the case of a corporation, 11 unless it has been authorized under this chapter. 12 * Sec. 25. AS 08.48.281 is amended by adding a new subsection to read: 13 (b) Notwithstanding (a) of this section, this chapter does not prohibit the 14 practice of landscape architecture by a person who is not registered to practice 15 landscape architecture if the services being performed by the person are within the 16 scope of practice authorized by another license that is held by the person. 17 * Sec. 26. AS 08.48.291 is amended to read: 18 Sec. 08.48.291. VIOLATIONS AND PENALTIES. A person who practices 19 or offers to practice architecture, engineering, landscape architecture, or land 20 surveying in the state without being registered or authorized to practice in accordance 21 with the provisions of this chapter, or a person presenting or attempting to use the 22 certificate or the seal of another, or a person who gives false or forged evidence of any 23 kind to the board or to a member of the board in obtaining or attempting to obtain a 24 certificate, or a person who impersonates a registrant, or a person who uses or attempts 25 to use an expired or revoked or nonexistent certificate, knowing of the certificate's 26 status, or a person who falsely claims to be registered and authorized to practice under 27 this chapter, or a person who violates any of the provisions of this chapter, is guilty 28 of a misdemeanor and upon conviction is punishable by a fine of not more than 29 $10,000, or by imprisonment for not more than one year, or by both. 30 * Sec. 27. AS 08.48.311 is amended to read: 31 Sec. 08.48.311. RIGHTS NOT TRANSFERABLE. The right to engage in the
01 practice of architecture, engineering, landscape architecture, or land surveying is 02 considered a personal and individual right, based on the qualifications of the individual 03 as evidenced by the individual's certificate of registration, which is not transferable. 04 * Sec. 28. AS 08.48.321 is amended to read: 05 Sec. 08.48.321. EVIDENCE OF PRACTICE. A person practices or offers to 06 practice architecture, engineering, landscape architecture, or land surveying who 07 (1) practices a branch of the profession of architecture, engineering, 08 landscape architecture, or land surveying as defined in AS 08.48.341; 09 (2) by verbal claim, sign, advertisement, letterhead, card, or other 10 means represents to be an architect, engineer, landscape architect, or land surveyor, 11 or through the use of some other title implies that the person is an architect, engineer, 12 landscape architect, or land surveyor; 13 (3) holds out as able to perform or who does perform an architectural, 14 engineering, landscape architectural, or land surveying service recognized by the 15 professions covered by this chapter, and specified in regulations of the board, as 16 architectural, engineering, landscape architectural, or land surveying. 17 * Sec. 29. AS 08.48.331 is amended to read: 18 Sec. 08.48.331. EXEMPTIONS. This chapter does not apply to 19 (1) a contractor performing work designed by a professional architect, 20 landscape architect, or engineer or the supervision of the construction of the work as 21 a supervisor or superintendent for a contractor; 22 (2) workers in building trades crafts, superintendents, supervisors, or 23 inspectors in the performance of their customary duties; 24 (3) an officer or employee of the United States government practicing 25 architecture, engineering, landscape architecture, or land surveying as required by the 26 person's official capacity; 27 (4) an employee or a subordinate of a person registered under this 28 chapter if the work or service is done under the direct supervision of a person 29 registered under this chapter; 30 (5) associates, consultants, or specialists retained by a registered 31 individual, a partnership of registered individuals, or a corporation authorized to
01 practice architecture, engineering, landscape architecture, or land surveying under this 02 chapter, in the performance of professional services if responsible charge of the work 03 remains with the individual, the partnership, or a designated representative of the 04 corporation; 05 (6) a person preparing drawings or specifications for 06 (A) a building for the person's own use and occupancy as a 07 single family residence and related site work for that building; 08 (B) farm or ranch buildings, unless the public health, safety, or 09 welfare is involved; 10 (C) a building that is intended to be used only as a residence 11 by not more than four families and that is not more than two stories high; 12 (D) a garage, workshop, or similar building that contains less 13 than 2,000 square feet of floor space to be used for a private noncommercial 14 purpose; 15 (7) a specialty contractor licensed under AS 08.18 while engaged in the 16 business of construction contracting or designing systems for work within the specialty 17 to be performed or supervised by the specialty contractor, or a contractor preparing 18 shop or field drawings for work that the specialty contractor has contracted to perform; 19 (8) a person furnishing drawings, specifications, instruments of service, 20 or other data for alterations or repairs to a building that do not change or affect the 21 structural system or the safety of the building, or that do not affect the public health, 22 safety, or welfare; 23 (9) a person who is employed by a postsecondary educational 24 institution to teach engineering, architectural, landscape architectural, or land 25 surveying courses; in this paragraph, "postsecondary educational institution" has the 26 meaning given in AS 14.48.210. 27 * Sec. 30. AS 08.48.341(2) is amended to read: 28 (2) "board" means the State Board of Registration for Architects, 29 Engineers, Landscape Architects, and Land Surveyors; 30 * Sec. 31. AS 08.48.341(4) is amended to read: 31 (4) "certificate of authorization" means a certificate issued by the board
01 authorizing a corporation to provide professional services in architecture, engineering, 02 landscape architecture, or land surveying through individuals legally registered by 03 the board; 04 * Sec. 32. AS 08.48.341 is amended by adding new paragraphs to read: 05 (16) "landscape architect" means a professional landscape architect; 06 (17) "practice of landscape architecture" means consultative, 07 investigative, reconnaissance, research, planning, design, and preparation services 08 relating to drawings and construction documents, observation of construction, and 09 location, arrangement, and design of tangible objects and features for the purpose of 10 (A) preservation and enhancement of land uses and natural land 11 features; 12 (B) location and construction of aesthetically pleasing and 13 functional approaches for structures, roadways, and walkways; 14 (C) establishing or maintaining trails, plantings, landscape 15 irrigation, landscape lighting, and landscape grading; or 16 (D) generalized planning of the development of land areas in 17 a manner that is sensitive to the area's natural and cultural resources; 18 (18) "professional landscape architect" means a person registered as a 19 professional landscape architect by the board. 20 * Sec. 33. 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. 34. 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. 35. AS 44.62.330(a)(4) is amended to read: 10 (4) State Board of Registration for Architects, Engineers, Landscape 11 Architects, and Land Surveyors; 12 * Sec. 36. TERMS OF NEW MEMBERS. Notwithstanding AS 08.01.035, the initial term 13 of the new member appointed under AS 08.48.011(b), as amended by sec. 3 of this Act, is one 14 year. 15 * Sec. 37. TRANSITION. Notwithstanding this Act, a person may practice landscape 16 architecture without a certificate of registration issued under AS 08.48 until 60 days after the 17 first examination for landscape architects under AS 08.48.181, as amended by this Act, has 18 been graded.