HB 130: "An Act adding limited liability companies and limited liability partnerships to the organizations that can be authorized to practice architecture, engineering, land surveying, and landscape architecture; and relating to state and municipal contracts for architectural, engineering, land surveying, and landscape architectural services."
00HOUSE BILL NO. 130 01 "An Act adding limited liability companies and limited liability partnerships to the 02 organizations that can be authorized to practice architecture, engineering, land 03 surveying, and landscape architecture; and relating to state and municipal contracts 04 for architectural, engineering, land surveying, and landscape architectural services." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.48.101(a) is amended to read: 07 (a) The board may adopt regulations to carry out the purpose of this chapter, 08 including [, BUT NOT LIMITED TO] 09 (1) describing the contents of an examination; 10 (2) establishing the conduct of an examination; 11 (3) establishing a minimum score for passing an examination; 12 (4) establishing bylaws governing its meetings and activities; 13 (5) publishing a code of ethics or professional conduct for those 14 persons regulated by this chapter, including corporations , limited liability companies,
01 and limited liability partnerships under AS 08.48.241. 02 * Sec. 2. AS 08.48.111 is amended to read: 03 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 04 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant , 05 [OR] corporation , limited liability company, or limited liability partnership who is 06 found guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, 07 incompetence, or misconduct in the practice of architecture, engineering, land 08 surveying, or landscape architecture; or (3) a violation of this chapter, a regulation 09 adopted under this chapter, or the code of ethics or professional conduct as adopted 10 by the board. The code of ethics or professional conduct shall be distributed in writing 11 to every registrant and applicant for registration under this chapter. This publication 12 and distribution of the code of ethics or professional conduct constitutes due notice to 13 all registrants. The board may revise and amend its code and, upon doing so, shall 14 immediately notify each registrant in writing of the revisions or amendments. The 15 board may, upon petition of the registrant , [OR] corporation, limited liability 16 company, or limited liability partnership, reissue a certificate if a majority of the 17 members of the board vote in favor of the reissuance. 18 * Sec. 3. AS 08.48.231(a) is amended to read: 19 (a) To remain valid, certificates shall be renewed in accordance with 20 AS 08.01.100. Notice of renewal dates, given under AS 08.01.050(a)(11), shall be 21 mailed to the registrant , [OR] corporation , limited liability company, or limited 22 liability partnership at the registrant's , [OR] corporation's , limited liability 23 company's, or limited liability partnership's last known address at least one month 24 in advance of the date of the expiration of the certificate. If the certificate has been 25 suspended or revoked, the board may take action independent of this section. 26 * Sec. 4. AS 08.48.241 is amended to read: 27 Sec. 08.48.241. Corporations , limited liability companies, and limited 28 liability partnerships . (a) This chapter does not prevent a corporation , limited 29 liability company, or limited liability partnership from offering architectural, 30 engineering, land surveying, or landscape architectural services; however, the 31 corporation , limited liability company, or limited liability partnership shall file with
01 the board 02 (1) an application for a certificate of authorization upon a form to be 03 prescribed by the board and containing information required to enable the board to 04 determine whether the corporation , limited liability company, or limited liability 05 partnership is qualified in accordance with the provisions of this chapter to offer to 06 practice architecture, engineering, land surveying, or landscape architecture in this 07 state; 08 (2) a certified copy of a resolution of the board of directors of the 09 corporation , the managing members or manager of the limited liability company, 10 or the general partners of a limited liability partnership designating persons 11 holding certificates of registration under this chapter as responsible for the practice of 12 architecture, engineering, land surveying, or landscape architecture by the corporation , 13 limited liability company, or limited liability partnership in this state and providing 14 that full authority to make all final architectural, engineering, land surveying, or 15 landscape architectural decisions on behalf of the corporation , limited liability 16 company, or limited liability partnership with respect to work performed by the 17 corporation , limited liability company, or limited liability partnership in this state 18 is granted by the board of directors of the corporation, the managing members or 19 manager of the limited liability company, or the general partners of the limited 20 liability partnership to the persons designated in the resolution; however, the filing 21 of this resolution does not relieve the corporation , limited liability company, or 22 limited liability partnership of any responsibility or liability imposed upon it by law 23 or by contract; 24 (3) a designation in writing setting out the name of one or more 25 persons holding certificates of registration under this chapter who are in responsible 26 charge of each major branch of the architectural, engineering, land surveying, or 27 landscape architectural activities in which the corporation , limited liability company, 28 or limited liability partnership specializes in this state; if a change is made in the 29 person in responsible charge of a major branch of the architectural, engineering, land 30 surveying, or landscape architectural activities, the change shall be designated in 31 writing and filed with the board within 30 days after the effective date of the change.
01 (b) Upon filing with the board the application for certificate of authorization, 02 certified copy of resolution, affidavit, and designation of persons specified in this 03 section, the board shall, subject to (c) of this section, issue to the corporation , limited 04 liability company, or limited liability partnership a certificate of authorization to 05 practice architecture, engineering, land surveying, or landscape architecture in this state 06 upon a determination by the board that 07 (1) the bylaws of the corporation , the articles of organization or 08 operating agreement of the limited liability company, or the partnership 09 agreement of the limited liability partnership contain provisions that all 10 architectural, engineering, land surveying, or landscape architectural decisions 11 pertaining to architectural, engineering, land surveying, or landscape architectural 12 activities in this state will be made by the specified architect, engineer, land surveyor, 13 or landscape architect in responsible charge, or other registered architects, engineers, 14 land surveyors, or landscape architects under the direction or supervision of the 15 architect, engineer, land surveyor, or landscape architect in responsible charge; 16 (2) the application for certificate of authorization states the type of 17 architecture, engineering, land surveying, or landscape architecture practiced or to be 18 practiced by the corporation , limited liability company, or limited liability 19 partnership ; 20 (3) the applicant corporation , limited liability company, or limited 21 liability partnership has the ability to provide architectural, engineering, land 22 surveying, or landscape architectural services; 23 (4) the application for certificate of authorization states the professional 24 records of the designated person who is in responsible charge of each major branch of 25 architectural, engineering, land surveying, or landscape architectural activities in which 26 the corporation , limited liability company, or limited liability partnership 27 specializes; 28 (5) the application for certificate of authorization states the experience , 29 if any, of the corporation , limited liability company, or limited liability partnership 30 [, IF ANY,] in furnishing architectural, engineering, land surveying, or landscape 31 architectural services during the preceding five-year period;
01 (6) the applicant corporation , limited liability company, or limited 02 liability partnership meets other requirements related to professional competence in 03 the furnishing of architectural, engineering, land surveying, or landscape architectural 04 services as may be adopted by the board in furtherance of the objectives and 05 provisions of this chapter. 06 (c) The board may, in the exercise of its discretion, refuse to issue, or may 07 suspend or revoke a certificate of authorization to a corporation , limited liability 08 company, or limited liability partnership if the board finds that any of the 09 corporation's officers, directors, or incorporators, any of [OR] the stockholders 10 holding a majority of the stock of the corporation , any of the limited liability 11 company's organizers, managers, or managing members, or any of the limited 12 liability partnership's general partners has committed misconduct or malpractice, 13 or has been found personally responsible for misconduct or malpractice under the 14 provisions of this chapter. 15 (d) The certificate of authorization must [SHALL] specify the major branches 16 of architecture, engineering, land surveying, or landscape architecture of which the 17 corporation , limited liability company, or limited liability partnership has 18 designated a person in responsible charge as provided in this section. The certificate 19 of authorization shall be conspicuously displayed in the place of business of the 20 corporation , limited liability company, or limited liability partnership , together with 21 the names of persons designated as being in responsible charge of the professional 22 activities. 23 (e) If a corporation, limited liability company, or limited liability 24 partnership that is organized solely by either a group of architects, a group of 25 engineers, a group of land surveyors, or a group of landscape architects, each holding 26 a certificate of registration under this chapter, applies for a certificate of authorization, 27 the board may, in its discretion, grant a certificate of authorization to the corporation , 28 limited liability company, or limited liability partnership based on a review of the 29 professional records of the incorporators of the corporation, organizers of the limited 30 liability company, or partners who formed the limited liability partnership [,] in 31 place of the required qualifications set out in this section. If the ownership of the
01 corporation is altered , the membership of the limited liability company is altered, 02 or the partners of the limited liability partnership change , the corporation , limited 03 liability company, or limited liability partnership shall apply for a revised certificate 04 of authorization, based upon the professional records of the owners of the 05 corporation, the members of the limited liability company, or the partners of the 06 limited liability partnership , if exclusively architects, engineers, land surveyors, or 07 landscape architects, or otherwise under the qualifications required by (b)(1) - (4) of 08 this section. 09 (f) A corporation , limited liability company, or a limited liability 10 partnership authorized to offer architectural, engineering, land surveying, or landscape 11 architectural services under this chapter, together with its directors , [AND] officers , 12 managing members, manager, and partners for their own individual acts, is 13 responsible to the same degree as the designated individual registered architect, 14 engineer, land surveyor, or landscape architect, and shall conduct its business without 15 misconduct or malpractice in the practice of architecture, engineering, land surveying, 16 or landscape architecture as defined in this chapter. 17 (g) If the board, after a proper hearing, finds that a corporation , limited 18 liability company, or limited liability partnership holding a certificate of 19 authorization has committed misconduct or malpractice, the board shall suspend or 20 revoke the certificate of authorization. The board shall also suspend or revoke the 21 certificate of registration of any registered individual architect, engineer, land surveyor, 22 or landscape architect who, after a proper hearing, is found by the board to have 23 participated in committing the misconduct or malpractice. 24 (h) Drawings, specifications, designs, and reports, when issued in connection 25 with work performed by a corporation , limited liability company, or limited liability 26 partnership under its certificate of authorization, shall be prepared by or under the 27 responsible charge of and shall be signed by and [SHALL BE] stamped with the 28 official seal of a person holding a certificate of registration under this chapter. 29 (i) [Repealed]. 30 * Sec. 5. AS 08.48.241 is amended by adding a new subsection to read: 31 (j) In this section,
01 (1) "manager" has the meaning given in AS 10.50.990; 02 (2) "managing member" has the meaning given in AS 10.50.990. 03 * Sec. 6. AS 08.48.251 is amended to read: 04 Sec. 08.48.251. Certain partnerships [PARTNERSHIPS]. This chapter does 05 not prevent the practice of architecture, engineering, land surveying, or landscape 06 architecture by a partnership if all of the members of the partnership are architects, 07 engineers, land surveyors, or landscape architects legally registered under this chapter. 08 In this section, "partnership" does not include a limited liability partnership. 09 * Sec. 7. AS 08.48.281(a) is amended to read: 10 (a) A person may not practice or offer to practice the profession of 11 architecture, engineering, land surveying, or landscape architecture in the state, or use 12 in connection with the person's name or otherwise assume or advertise a title or 13 description tending to convey the impression that the person is an architect, an 14 engineer, a land surveyor, or a landscape architect, unless the person has been 15 registered under the provisions of this chapter or is a person to whom these provisions 16 do not apply, or, in the case of a corporation , limited liability company, or limited 17 liability partnership , unless it has been authorized under this chapter. 18 * Sec. 8. AS 08.48.331(a) is amended to read: 19 (a) This chapter does not apply to 20 (1) a contractor performing work designed by a professional architect, 21 engineer, or landscape architect or the supervision of the construction of the work as 22 a supervisor or superintendent for a contractor; 23 (2) workers in building trades crafts, earthwork, grounds keeping, or 24 nursery operations, and superintendents, supervisors, or inspectors in the performance 25 of their customary duties; 26 (3) an officer or employee of the United States government practicing 27 architecture, engineering, land surveying, or landscape architecture as required by the 28 person's official capacity; 29 (4) an employee or a subordinate of a person registered under this 30 chapter if the work or service is done under the direct supervision of a person 31 registered under this chapter;
01 (5) associates, consultants, or specialists retained by a registered 02 individual, a partnership of registered individuals, [OR] a corporation , a limited 03 liability company, or a limited liability partnership authorized to practice 04 architecture, engineering, land surveying, or landscape architecture under this chapter, 05 in the performance of professional services if responsible charge of the work remains 06 with the individual, the partnership, or a designated representative of the corporation , 07 limited liability company, or limited liability partnership ; 08 (6) a person preparing drawings or specifications for 09 (A) a building for the person's own use and occupancy as a 10 single family residence and related site work for that building; 11 (B) farm or ranch buildings and their grounds [,] unless the 12 public health, safety, or welfare is involved; 13 (C) a building that is intended to be used only as a residence 14 by not more than four families and that is not more than two stories high and 15 the grounds of the building; 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 and the grounds of the building; 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 or its grounds that do not change 25 or affect the structural system or the safety of the building, or that do not affect the 26 public health, safety, or welfare; 27 (9) a person who is employed by a postsecondary educational 28 institution to teach engineering, architectural, or landscape architectural courses; in this 29 paragraph, "postsecondary educational institution" has the meaning given in 30 AS 14.48.210; 31 (10) an officer or employee of an individual, firm, partnership,
01 association, utility, [OR] corporation, limited liability company, or limited liability 02 partnership, who practices engineering involved in the operation of the employer's 03 business only, and further provided that neither the employee nor the employer offers 04 engineering services to the public; exclusions under this paragraph do not apply to 05 buildings or structures whose primary use is public occupancy; 06 (11) a person while involved in revegetation, restoration, reclamation, 07 rehabilitation, or erosion control for disturbed land; 08 (12) a person while maintaining or directing the placement of plant 09 material. 10 * Sec. 9. AS 08.48.341(4) is amended to read: 11 (4) "certificate of authorization" means a certificate issued by the board 12 authorizing a corporation , a limited liability company, or a limited liability 13 partnership to provide professional services in architecture, engineering, land 14 surveying, or landscape architecture through individuals legally registered by the board; 15 * Sec. 10. AS 08.48.341 is amended by adding new paragraphs to read: 16 (19) "limited liability company" means an organization organized under 17 AS 10.50 or a foreign limited liability company; in this paragraph, "foreign limited 18 liability company" has the meaning given in AS 10.50.990; 19 (20) "limited liability partnership" means an organization registered 20 under AS 32.05.415 or a foreign limited liability partnership; in this paragraph, 21 "foreign limited liability partnership" has the meaning given in AS 32.05.990. 22 * Sec. 11. AS 36.90.100 is amended to read: 23 Sec. 36.90.100. Contracts for architectural, engineering, [OR] land 24 surveying , or landscape architectural services. The state or a municipality may not 25 award a contract for architectural, engineering, [OR] land surveying , or landscape 26 architectural services to 27 (1) an individual who is not registered under AS 08.48 to perform the 28 architectural, engineering, [OR] land surveying , or landscape architectural services 29 required by the contract; 30 (2) a partnership , except as provided by (3) of this section, that is not 31 qualified under AS 08.48.251 to provide the architectural, engineering, [OR] land
01 surveying , or landscape architectural services required by the contract; or 02 (3) a corporation , limited liability company, or limited liability 03 partnership that is not authorized under AS 08.48.241 to offer the architectural, 04 engineering, [OR] land surveying , or landscape architectural services required by the 05 contract.