SB 110: "An Act relating to licensure of landscape architects."
00SENATE BILL NO. 110 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(3) is amended to read: 04 (3) State Board of Registration for Architects, Engineers, [AND] Land 05 Surveyors, and Landscape Architects (AS 08.48.011); 06 * Sec. 2. AS 08.01.065(c) is amended to read: 07 (c) Except as provided in (f) of this section, the [THE] department shall 08 establish fee levels under (a) of this section so that the total amount of fees collected 09 for an occupation approximately equals the actual regulatory costs for the occupation. 10 The department shall annually review each fee level to determine whether the 11 regulatory costs of each occupation are approximately equal to fee collections related 12 to that occupation. If the review indicates that an occupation's fee collections and 13 regulatory costs are not approximately equal, the department shall calculate fee 14 adjustments and adopt regulations under (a) of this section to implement the
01 adjustments. In January of each year, the department shall report on all fee levels and 02 revisions for the previous year under this subsection to the office of management and 03 budget. If a board regulates an occupation covered by this chapter, the department 04 shall consider the board's recommendations concerning the occupation's fee levels and 05 regulatory costs before revising fee schedules to comply with this subsection. In this 06 subsection, "regulatory costs" means costs of the department that are attributable to 07 regulation of an occupation plus 08 (1) all expenses of the board that regulates the occupation if the board 09 regulates only one occupation; 10 (2) the expenses of a board that are attributable to the occupation if the 11 board regulates more than one occupation. 12 * Sec. 3. AS 08.01.065 is amended by adding a new subsection to read: 13 (f) Notwithstanding (c) of this section, the department may establish fee levels 14 under (a) of this section so that the regulatory costs of the department and the State 15 Board of Registration for Architects, Engineers, Land Surveyors, and Landscape 16 Architects that are attributable to the occupation of landscape architecture can be 17 covered in part by fees related to landscape architects and in part by fees related to 18 architects, engineers, and land surveyors. 19 * Sec. 4. AS 08.03.010(c)(3) is amended to read: 20 (3) State Board of Registration for Architects, Engineers, [AND] Land 21 Surveyors, and Landscape Architects (AS 08.48.011) -- June 30, 1997; 22 * Sec. 5. AS 08.48.011 is amended to read: 23 Sec. 08.48.011. Board created. (a) There is created the State Board of 24 Registration for Architects, Engineers, [AND] Land Surveyors, and Landscape 25 Architects. The board shall administer the provisions of this chapter and comply with 26 AS 44.62 ( [THE] Administrative Procedure Act [(AS 44.62]). 27 (b) The board consists of ten [NINE] members appointed by the governor 28 having the qualifications as set out in AS 08.48.031. The board consists of two civil 29 engineers, one land surveyor, one mining engineer, two engineers from other branches 30 of the profession of engineering, two architects, one landscape architect, and one 31 public member.
01 * Sec. 6. AS 08.48.061(c) is amended to read: 02 (c) The board may make expenditures from appropriated funds for any purpose 03 that is reasonably necessary for the proper performance of its duties under this chapter. 04 This may include the expenses of the board delegates to meetings of councils of 05 architect examiners, engineering examiners, [OR] land surveyor examiners, or 06 landscape architect examiners, or any of their subdivisions. The total amount of 07 warrants issued in payment of the expenses incurred under this chapter may not exceed 08 the amount of money appropriated by the legislature. 09 * Sec. 7. AS 08.48.071(f) is amended to read: 10 (f) The Department of Commerce and Economic Development shall assemble 11 statistics relating to the performance of its staff and the performance of the board, 12 including but not limited to, 13 (1) the number of architects, engineers, [AND] land surveyors, and 14 landscape architects registered over a five-year period; 15 (2) the rate of passage of examinations administered by the board; 16 (3) the number of persons making application for registration as a 17 professional architect, engineer, [OR] land surveyor, or landscape architect over a 18 five-year period; 19 (4) an account of registration fees collected under AS 08.01.065; 20 (5) a measure of the correspondence workload of any licensing 21 examiner employed by the department to carry out this chapter. 22 * Sec. 8. AS 08.48.091 is amended to read: 23 Sec. 08.48.091. Written examinations. Except as provided in (b) of this 24 section, written [WRITTEN] examinations shall be held at least twice each year at 25 places determined by the board unless the examination administered by the board is 26 a national examination prepared only once each year, in which case the examination 27 shall be held at least once each year. A candidate failing an examination may apply 28 for reexamination. 29 * Sec. 9. AS 08.48.091 is amended by adding a new subsection to read: 30 (b) The board shall administer a written examination at least once each year 31 for applicants who are seeking to be registered as landscape architects.
01 * Sec. 10. AS 08.48.111 is amended to read: 02 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 03 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant or 04 corporation who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) 05 gross negligence, incompetence, or misconduct in the practice of architecture, 06 engineering, [OR] land surveying, or landscape architecture; or (3) a violation of this 07 chapter, a regulation adopted under this chapter, or the code of ethics or professional 08 conduct as adopted by the board. The code of ethics or professional conduct shall be 09 distributed in writing to every registrant and applicant for registration under this 10 chapter. This publication and distribution of the code of ethics or professional conduct 11 constitutes due notice to all registrants. The board may revise and amend its code and, 12 upon doing so, shall immediately notify each registrant in writing of the revisions or 13 amendments. The board may, upon petition of the registrant or corporation, reissue 14 a certificate if a majority of the members of the board vote in favor of the reissuance. 15 * Sec. 11. AS 08.48.171 is amended to read: 16 Sec. 08.48.171. General requirements and qualifications for registration. 17 An applicant for registration as an architect, engineer, [OR] land surveyor, or 18 landscape architect must be of good character and reputation and shall submit 19 evidence satisfactory to the board of the applicant's education, training, and 20 experience. However, an applicant for registration as a land surveyor may not be 21 required to submit evidence of more than eight years of any combination of education, 22 experience, or training. 23 * Sec. 12. AS 08.48.181 is amended to read: 24 Sec. 08.48.181. Registration upon examination. Except as provided in 25 AS 08.48.191, for registration as a professional architect, professional engineer, [OR] 26 professional land surveyor, or professional landscape architect, a person shall be 27 examined in this state in accordance with the regulations of procedure and standards 28 adopted by the board under AS 44.62 ( [THE] Administrative Procedure Act 29 [(AS 44.62]). The procedure and standards shall at least meet the requirements 30 adopted by recognized national examining councils for these professions. 31 * Sec. 13. AS 08.48.191 is amended by adding a new subsection to read:
01 (d) A person holding a certificate of registration authorizing the person to 02 practice landscape architecture in a state, territory, or possession of the United States, 03 the District of Columbia, or a foreign country, that in the opinion of the board meets 04 the requirements of this chapter, based on verified evidence, may upon application, be 05 registered under the regulations of the board. A person holding a certificate of 06 qualification issued by the Council of Landscape Architectural Registration Boards 07 may upon application be registered under regulations of the board. 08 * Sec. 14. AS 08.48.201(a) is amended to read: 09 (a) Application for registration as a professional architect, a professional 10 engineer, [OR] a professional land surveyor, or a professional landscape architect 11 shall 12 (1) be on a form prescribed and furnished by the board; 13 (2) contain statements made under oath, showing the applicant's 14 education and a detailed summary of the applicant's technical experience; and 15 (3) contain five references, three of whom must be architects for 16 architectural registration, engineers for engineering registration, [AND] land surveyors 17 for land surveying registration, and landscape architects for landscape architectural 18 registration, having personal knowledge of the applicant's architectural, engineering, 19 [OR] land surveying, or landscape architectural education, training, or experience. 20 * Sec. 15. AS 08.48.211 is amended to read: 21 Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the 22 requirements set out by the board shall be awarded a certificate of registration as a 23 professional architect, engineer, [OR] land surveyor, or landscape architect, 24 authorizing the holder to offer or perform architectural, engineering, [OR] land 25 surveying, or landscape architectural services or work for the public, or to certify or 26 sign architectural, engineering, [OR] land surveying, or landscape architectural 27 documents. Certificates of registration issued under this section shall be inscribed on 28 their face in a manner determined by the board. 29 (b) The certificate of registration sealed by the board is prima facie evidence 30 that the person named in it is entitled to all rights and privileges of a professional 31 architect, professional engineer, [OR] professional land surveyor, or professional
01 landscape architect while the certificate remains unrevoked or unexpired. 02 * Sec. 16. AS 08.48.215(a) is amended to read: 03 (a) On retiring from practice and payment of an appropriate one-time fee, an 04 individual who is a registrant in good standing with the board may apply for the 05 conversion of a certificate of registration to a retired status registration. An individual 06 holding a retired status registration may not practice architecture, engineering, [OR] 07 land surveying, or landscape architecture in the state. A retired status registration 08 is valid for the life of the registration holder and does not require renewal. 09 * Sec. 17. AS 08.48.221 is amended to read: 10 Sec. 08.48.221. Seals. Each registrant may obtain a seal of the design 11 authorized by the board, bearing the registrant's name, registration number, and the 12 legend, "Registered Professional Architect," "Registered Professional Engineer," [OR] 13 "Registered Professional Land Surveyor," or "Registered Professional Landscape 14 Architect," as appropriate. When a registrant issues final drawings, specifications, 15 surveys, plats, plates, reports, or similar documents, the registrant shall sign the 16 documents and stamp the documents with the seal. The board shall adopt regulations 17 governing the use of seals by the registrant. An architect, engineer, [OR] land 18 surveyor, or landscape architect may not affix or permit a seal and signature to be 19 affixed to an instrument after the expiration of a certificate or for the purpose of aiding 20 or abetting another person to evade or attempt to evade a provision of this chapter. 21 The registrant, by affixing the registrant's seal to final drawings, specifications, 22 surveys, plats, plates, reports, and other similar documents, and signing them, certifies 23 that these documents were prepared by or under the registrant's direct supervision, 24 unless the registrant certifies on the face of the document to the extent of the 25 registrant's responsibility. 26 * Sec. 18. AS 08.48.241(a) is amended to read: 27 (a) This chapter does not prevent a corporation from offering architectural, 28 engineering, [OR] land surveying, or landscape architectural services; however, the 29 corporation shall file with the board 30 (1) an application for a certificate of authorization upon a form to be 31 prescribed by the board and containing information required to enable the board to
01 determine whether the corporation is qualified in accordance with the provisions of this 02 chapter to offer to practice architecture, engineering, [OR] land surveying, or 03 landscape architecture in this state; 04 (2) a certified copy of a resolution of the board of directors of the 05 corporation designating persons holding certificates of registration under this chapter 06 as responsible for the practice of architecture, engineering, [OR] land surveying, or 07 landscape architecture by the corporation in this state and providing that full 08 authority to make all final architectural, engineering, [OR] land surveying, or 09 landscape architectural decisions on behalf of the corporation with respect to work 10 performed by the corporation in this state is granted by the board of directors to the 11 persons designated in the resolution; however, the filing of this resolution does not 12 relieve the corporation of any responsibility or liability imposed upon it by law or by 13 contract; 14 (3) a designation in writing setting out the name of one or more 15 persons holding certificates of registration under this chapter who are in responsible 16 charge of each major branch of the architectural, engineering, [OR] land surveying, or 17 landscape architectural activities in which the corporation specializes in this state; 18 if a change is made in the person in responsible charge of a major branch of the 19 architectural, engineering, [OR] land surveying, or landscape architectural activities, 20 the change shall be designated in writing and filed with the board within 30 days after 21 the effective date of the change. 22 * Sec. 19. AS 08.48.241(b) is amended to read: 23 (b) Upon filing with the board the application for certificate of authorization, 24 certified copy of resolution, affidavit, and designation of persons specified in this 25 section, the board shall, subject to (c) of this section, issue to the corporation a 26 certificate of authorization to practice architecture, engineering, [OR] land surveying, 27 or landscape architecture in this state upon a determination by the board that 28 (1) the bylaws of the corporation contain provisions that all 29 architectural, engineering, [OR] land surveying, or landscape architectural decisions 30 pertaining to architectural, engineering, [OR] land surveying, or landscape 31 architectural activities in this state will be made by the specified architect, engineer,
01 [OR] land surveyor, or landscape architect in responsible charge, or other registered 02 architects, engineers, [OR] land surveyors, or landscape architects under the direction 03 or supervision of the architect, engineer, [OR] land surveyor, or landscape architect 04 in responsible charge; 05 (2) the application for certificate of authorization states the type of 06 architecture, engineering, [OR] land surveying, or landscape architecture practiced 07 or to be practiced by the corporation; 08 (3) the applicant corporation has the ability to provide architectural, 09 engineering, [OR] land surveying, or landscape architectural services; 10 (4) the application for certificate of authorization states the professional 11 records of the designated person who is in responsible charge of each major branch of 12 architectural, engineering, [OR] land surveying, or landscape architectural activities 13 in which the corporation specializes; 14 (5) the application for certificate of authorization states the experience 15 of the corporation, if any, in furnishing architectural, engineering, [OR] land surveying, 16 or landscape architectural services during the preceding five-year period; 17 (6) the applicant corporation meets other requirements related to 18 professional competence in the furnishing of architectural, engineering, [OR] land 19 surveying, or landscape architectural services as may be adopted by the board in 20 furtherance of the objectives and provisions of this chapter. 21 * Sec. 20. AS 08.48.241(d) is amended to read: 22 (d) The certificate of authorization shall specify the major branches of 23 architecture, engineering, [OR] land surveying, or landscape architecture of which 24 the corporation has designated a person in responsible charge as provided in this 25 section. The certificate of authorization shall be conspicuously displayed in the place 26 of business of the corporation, together with the names of persons designated as being 27 in responsible charge of the professional activities. 28 * Sec. 21. AS 08.48.241(e) is amended to read: 29 (e) If a corporation, organized solely by either a group of architects, a group 30 of engineers, [OR] a group of land surveyors, or a group of landscape architects, 31 each holding a certificate of registration under this chapter, applies for a certificate of
01 authorization, the board may, in its discretion, grant a certificate of authorization to the 02 corporation based on a review of the professional records of the incorporators, in place 03 of the required qualifications set out in this section. If the ownership of the 04 corporation is altered, the corporation shall apply for a revised certificate of 05 authorization, based upon the professional records of the owners, if exclusively 06 architects, engineers, [OR] land surveyors, or landscape architects, or otherwise under 07 the qualifications required by (b)(1) - (4) of this section. 08 * Sec. 22. AS 08.48.241(f) is amended to read: 09 (f) A corporation authorized to offer architectural, engineering, [OR] land 10 surveying, or landscape architectural services under this chapter, together with its 11 directors and officers for their own individual acts, is responsible to the same degree 12 as the designated individual registered architect, engineer, [OR] land surveyor, or 13 landscape architect, and shall conduct its business without misconduct or malpractice 14 in the practice of architecture, engineering, [OR] land surveying, or landscape 15 architecture as defined in this chapter. 16 * Sec. 23. AS 08.48.241(g) is amended to read: 17 (g) If the board, after a proper hearing, finds that a corporation holding a 18 certificate of authorization has committed misconduct or malpractice, the board shall 19 suspend or revoke the certificate of authorization. The board shall also suspend or 20 revoke the certificate of registration of any registered individual architect, engineer, 21 [OR] land surveyor, or landscape architect who, after a proper hearing, is found by 22 the board to have participated in committing the misconduct or malpractice. 23 * Sec. 24. AS 08.48.251 is amended to read: 24 Sec. 08.48.251. Partnerships. This chapter does not prevent the practice of 25 architecture, engineering, [OR] land surveying, or landscape architecture by 26 partnership if all of the members of the partnership are architects, engineers, [OR] land 27 surveyors, or landscape architects legally registered under this chapter. 28 * Sec. 25. AS 08.48.281 is amended to read: 29 Sec. 08.48.281. Prohibited practice. A person may not practice or offer to 30 practice the profession of architecture, engineering, [OR] land surveying, or landscape 31 architecture in the state, or use in connection with the person's name or otherwise
01 assume or advertise a title or description tending to convey the impression that the 02 person is an architect, an engineer, [OR] a land surveyor, or a landscape architect, 03 unless the person has been registered under the provisions of this chapter or is a person 04 to whom these provisions do not apply, or, in the case of a corporation, unless it has 05 been authorized under this chapter. 06 * Sec. 26. AS 08.48.291 is amended to read: 07 Sec. 08.48.291. Violations and penalties. A person who practices or offers 08 to practice architecture, engineering, [OR] land surveying, or landscape architecture 09 in the state without being registered or authorized to practice in accordance with the 10 provisions of this chapter, or a person presenting or attempting to use the certificate 11 or the seal of another, or a person who gives false or forged evidence of any kind to 12 the board or to a member of the board in obtaining or attempting to obtain a 13 certificate, or a person who impersonates a registrant, or a person who uses or attempts 14 to use an expired or revoked or nonexistent certificate, knowing of the certificate's 15 status, or a person who falsely claims to be registered and authorized to practice under 16 this chapter, or a person who violates any of the provisions of this chapter, is guilty 17 of a misdemeanor and upon conviction is punishable by a fine of not more than 18 $10,000, or by imprisonment for not more than one year, or by both. 19 * Sec. 27. AS 08.48.311 is amended to read: 20 Sec. 08.48.311. Rights not transferable. The right to engage in the practice 21 of architecture, engineering, [OR] land surveying, or landscape architecture is 22 considered a personal and individual right, based on the qualifications of the individual 23 as evidenced by the individual's certificate of registration, which is not transferable. 24 * Sec. 28. AS 08.48.321 is amended to read: 25 Sec. 08.48.321. Evidence of practice. A person practices or offers to practice 26 architecture, engineering, [OR] land surveying, or landscape architecture 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. 29. 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 an individual, firm, partnership, 18 association, utility, or corporation, who practices engineering involved in the operation 19 of the employer's business only, and further provided that neither the employee nor 20 the employer offers engineering services to the public; exclusions under this paragraph 21 do not apply to buildings or structures whose primary use is public occupancy. 22 * Sec. 30. AS 08.48.331 is amended by adding a new subsection to read: 23 (b) The requirement to be registered as a landscape architect under this chapter 24 does not apply to a person who practices only an aspect of landscape architecture that 25 the board has determined does not affect the public health, safety, or welfare. 26 * Sec. 31. AS 08.48.341(2) is amended to read: 27 (2) "board" means the State Board of Registration for Architects, 28 Engineers, [AND] Land Surveyors, and Landscape Architects; 29 * Sec. 32. AS 08.48.341(4) is amended to read: 30 (4) "certificate of authorization" means a certificate issued by the board 31 authorizing a corporation to provide professional services in architecture, engineering,
01 [OR] land surveying, or landscape architecture through individuals legally registered 02 by the board; 03 * Sec. 33. AS 08.48.341 is amended by adding new paragraphs to read: 04 (16) "landscape architect" means a professional landscape architect; 05 (17) "practice of landscape architecture" means consultative, 06 investigative, reconnaissance, research, planning, design, and preparation services 07 relating to drawings and construction documents, observation of construction, and 08 location, arrangement, and design of incidental and necessary tangible objects and 09 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. 34. 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, [AND] Land Surveyors, and Landscape Architects Registration Act. 23 * Sec. 35. 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, [AND] Land Surveyors, and Landscape Architects selected annually by 05 the board from among its engineer members, for the Harvey Golub memorial 06 scholarship; and 07 (4) three members of the state Board of Education, or of the staff of 08 the Department of Education, or any combination of these, selected annually by the 09 board, for the Robert L. Thomas memorial scholarship. 10 * Sec. 36. AS 44.62.330(a)(4) is amended to read: 11 (4) State Board of Registration for Architects, Engineers, [AND] Land 12 Surveyors, and Landscape Architects; 13 * Sec. 37. TERMS OF NEW MEMBERS. Notwithstanding AS 08.01.035, the initial term 14 of the new member appointed under AS 08.48.011(b), as amended by sec. 5 of this Act, is one 15 year. 16 * Sec. 38. 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 administered in the state under AS 08.48.181, as 19 amended by this Act, has been graded. 20 (b) Notwithstanding AS 08.48.031, a person appointed to fill the landscape architect 21 position on the Board of Registration for Architects, Engineers, Land Surveyors, and 22 Landscape Architects is not required to be registered until 60 days after the first examination 23 for landscape architects administered under AS 08.48.181, as amended by sec. 12 of this Act, 24 has been graded. If the appointed person is not registered as a landscape architect by that 25 date, the person is disqualified from the board position and the seat is vacant until filled in 26 compliance with this Act.