SB 73: "An Act relating to registered interior designers and interior design; establishing requirements for the practice of registered interior design; renaming the State Board of Registration for Architects, Engineers, and Land Surveyors the State Board of Registration for Design Professionals; relating to the State Board of Registration for Design Professionals; relating to liens for labor or materials furnished; relating to the procurement of interior design services; and providing for an effective date."
00 SENATE BILL NO. 73 01 "An Act relating to registered interior designers and interior design; establishing 02 requirements for the practice of registered interior design; renaming the State Board of 03 Registration for Architects, Engineers, and Land Surveyors the State Board of 04 Registration for Design Professionals; relating to the State Board of Registration for 05 Design Professionals; relating to liens for labor or materials furnished; relating to the 06 procurement of interior design services; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 08.01.010(3) is amended to read: 09 (3) State Board of Registration for Design Professionals 10 [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS] (AS 08.48.011); 11 * Sec. 2. AS 08.01.065(f) is amended to read: 12 (f) Notwithstanding (c) of this section, the department shall establish fee levels 13 under (a) of this section so that the total amount of fees collected by the State Board of
01 Registration for Design Professionals [ARCHITECTS, ENGINEERS, AND LAND 02 SURVEYORS] approximately equals the total regulatory costs of the department and 03 the board for all occupations regulated by the board. The department shall set the fee 04 levels for the issuance and renewal of a certificate of registration issued under 05 AS 08.48.211 so that the fee levels are the same for all occupations regulated by the 06 board. 07 * Sec. 3. AS 08.03.010(c)(3) is amended to read: 08 (3) State Board of Registration for Design Professionals 09 [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS] (AS 08.48.011) - 10 June 30, 2025; 11 * Sec. 4. AS 08.48.011(a) is amended to read: 12 (a) There is created the State Board of Registration for Design Professionals 13 [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS]. The board shall 14 administer the provisions of this chapter and comply with AS 44.62 (Administrative 15 Procedure Act). 16 * Sec. 5. AS 08.48.011(b) is amended to read: 17 (b) The board consists of 13 [11] members appointed by the governor having 18 the qualifications as set out in AS 08.48.031. The board consists of two civil 19 engineers, two land surveyors, one mining engineer, one electrical engineer, one [OR] 20 mechanical engineer, one engineer from another branch of the profession of 21 engineering, two architects, one landscape architect, one registered interior designer, 22 and one public member. 23 * Sec. 6. AS 08.48.061(c) is amended to read: 24 (c) The board may make expenditures from appropriated funds for any 25 purpose that is reasonably necessary for the proper performance of its duties under this 26 chapter. This may include the expenses of the board delegates to attend meetings of 27 councils of architect examiners, engineering examiners, land surveyor examiners, 28 registered interior designer examiners, or landscape architect examiners, or any of 29 their subdivisions. The total amount of disbursements issued in payment of the 30 expenses incurred under this chapter may not exceed the amount of money 31 appropriated by the legislature.
01 * Sec. 7. AS 08.48.071(f) is amended to read: 02 (f) The department shall assemble statistics relating to the performance of its 03 staff and the performance of the board, including 04 (1) the number of architects, engineers, land surveyors, registered 05 interior designers, and landscape architects registered over a five-year period; 06 (2) the rate of passage of examinations administered by the board; 07 (3) the number of persons making application for registration as a 08 professional architect, engineer, land surveyor, registered interior designer, or 09 landscape architect over a five-year period; 10 (4) an account of registration fees collected under AS 08.01.065; 11 (5) a measure of the correspondence workload of any licensing 12 examiner employed by the department to carry out this chapter. 13 * Sec. 8. AS 08.48.111 is amended to read: 14 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 15 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 16 corporation, limited liability company, or limited liability partnership who is found 17 guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, 18 incompetence, or misconduct in the practice of architecture, engineering, land 19 surveying, registered interior design, or landscape architecture; or (3) a violation of 20 this chapter, a regulation adopted under this chapter, or the code of ethics or 21 professional conduct as adopted by the board. The code of ethics or professional 22 conduct shall be distributed in writing to every registrant and applicant for registration 23 under this chapter. This publication and distribution of the code of ethics or 24 professional conduct constitutes due notice to all registrants. The board may revise and 25 amend its code and, upon doing so, shall immediately notify each registrant in writing 26 of the revisions or amendments. The board may, upon petition of the registrant, 27 corporation, limited liability company, or limited liability partnership, reissue a 28 certificate if a majority of the members of the board vote in favor of the reissuance. 29 * Sec. 9. AS 08.48.171 is amended to read: 30 Sec. 08.48.171. General requirements and qualifications for registration. 31 An applicant for registration as an architect, engineer, land surveyor, registered
01 interior designer, or landscape architect must be of good character and reputation and 02 shall submit evidence satisfactory to the board of the applicant's education, training, 03 and experience. However, an applicant for registration as a land surveyor may not be 04 required to submit evidence of more than eight years of any combination of education, 05 experience, or training. 06 * Sec. 10. AS 08.48.181 is amended by adding a new subsection to read: 07 (b) Except as provided in AS 08.48.191, for registration as a registered interior 08 designer, a person shall be examined in this state in accordance with the regulations of 09 procedure and standards adopted by the board under AS 44.62 (Administrative 10 Procedure Act). The procedure and standards must include successfully completing 11 the examination administered by the Council for Interior Design Qualification or its 12 successor. 13 * Sec. 11. AS 08.48.191 is amended by adding a new subsection to read: 14 (e) A person holding a certificate of registration authorizing the person to 15 practice registered interior design in a state, territory, or possession of the United 16 States, the District of Columbia, or a foreign country that, in the opinion of the board, 17 meets the requirements of this chapter, based on verified evidence, may, upon 18 application, be registered in accordance with the regulations of the board. 19 * Sec. 12. AS 08.48.201(a) is amended to read: 20 (a) Application for registration as a professional architect, a professional 21 engineer, a professional land surveyor, a registered interior designer, or a 22 professional landscape architect shall 23 (1) be on a form prescribed and furnished by the board; 24 (2) contain statements made under oath, showing the applicant's 25 education and a detailed summary of the applicant's technical experience; and 26 (3) contain five references, three of whom must be architects for 27 architectural registration, engineers for engineering registration, land surveyors for 28 land surveying registration, architects or registered interior designers for interior 29 design registration, and landscape architects for landscape architectural registration, 30 having personal knowledge of the applicant's architectural, engineering, land 31 surveying, interior design, or landscape architectural education, training, or
01 experience. 02 * Sec. 13. AS 08.48.211 is amended to read: 03 Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the 04 requirements set out by the board shall be awarded a certificate of registration as a 05 professional architect, engineer, land surveyor, or landscape architect, or as a 06 registered interior designer, authorizing the holder to offer or perform architectural, 07 engineering, land surveying, interior design, or landscape architectural services or 08 work for the public, or to certify or sign architectural, engineering, land surveying, 09 interior design, or landscape architectural documents. Certificates of registration 10 issued under this section shall be inscribed on their face in a manner determined by the 11 board. 12 (b) The certificate of registration sealed by the board is prima facie evidence 13 that the person named in it is entitled to all rights and privileges of a professional 14 architect, professional engineer, professional land surveyor, registered interior 15 designer, or professional landscape architect while the certificate remains unrevoked 16 or unexpired. 17 * Sec. 14. AS 08.48.215(a) is amended to read: 18 (a) On retiring from practice and payment of an appropriate one-time fee, an 19 individual who is a registrant in good standing with the board may apply for the 20 conversion of a certificate of registration to a retired status registration. An individual 21 holding a retired status registration may not practice architecture, engineering, land 22 surveying, registered interior design, or landscape architecture in the state. A retired 23 status registration is valid for the life of the registration holder and does not require 24 renewal. 25 * Sec. 15. AS 08.48.221(a) is amended to read: 26 (a) Each registrant may obtain a seal of the design authorized by the board, 27 bearing the registrant's name, registration number, and the legend "Registered 28 Professional Architect," "Registered Professional Engineer," "Registered Professional 29 Land Surveyor," "Registered Interior Designer," or "Registered Professional 30 Landscape Architect," as appropriate. When a registrant issues final drawings, 31 specifications, surveys, plats, plates, reports, or similar documents, the registrant shall
01 stamp the documents with the seal and sign the seal. The board shall adopt regulations 02 governing the use of seals by the registrant. An architect, engineer, land surveyor, 03 registered interior designer, or landscape architect may not affix or permit a seal and 04 signature to be affixed to an instrument after the expiration of a certificate or for the 05 purpose of aiding or abetting another person to evade or attempt to evade a provision 06 of this chapter. The registrant, by affixing the registrant's seal to final drawings, 07 specifications, surveys, plats, plates, reports, or similar documents, and by signing the 08 seal, certifies that the documents were prepared by or under the registrant's direct 09 supervision, are within the registrant's field of practice, or constitute design work of 10 minor importance. 11 * Sec. 16. AS 08.48.241(a) is amended to read: 12 (a) This chapter does not prevent a corporation, limited liability company, or 13 limited liability partnership from offering architectural, engineering, land surveying, 14 interior design, or landscape architectural services; however, the corporation, limited 15 liability company, or limited liability partnership shall file with the board 16 (1) an application for a certificate of authorization on [UPON] a form 17 to be prescribed by the board and containing information required to enable the board 18 to determine whether the corporation, limited liability company, or limited liability 19 partnership is qualified in accordance with the provisions of this chapter to offer to 20 practice architecture, engineering, land surveying, registered interior design, or 21 landscape architecture in this state; 22 (2) a certified copy of a resolution of the board of directors of the 23 corporation, the managing members or manager of the limited liability company, or 24 the general partners of a limited liability partnership designating persons holding 25 certificates of registration under this chapter as responsible for the practice of 26 architecture, engineering, land surveying, registered interior design, or landscape 27 architecture by the corporation, limited liability company, or limited liability 28 partnership in this state and providing that full authority to make all final architectural, 29 engineering, land surveying, interior design, or landscape architectural decisions on 30 behalf of the corporation, limited liability company, or limited liability partnership 31 with respect to work performed by the corporation, limited liability company, or
01 limited liability partnership in this state is granted by the board of directors of the 02 corporation, the managing members or manager of the limited liability company, or 03 the general partners of the limited liability partnership to the persons designated in the 04 resolution; however, the filing of this resolution does not relieve the corporation, 05 limited liability company, or limited liability partnership of any responsibility or 06 liability imposed on [UPON] it by law or by contract; 07 (3) a designation in writing setting out the name of one or more 08 persons holding certificates of registration under this chapter who are in responsible 09 charge of each major branch of the architectural, engineering, land surveying, interior 10 design, or landscape architectural activities in which the corporation, limited liability 11 company, or limited liability partnership specializes in this state; if a change is made 12 in the person in responsible charge of a major branch of the architectural, engineering, 13 land surveying, interior design, or landscape architectural activities, the change shall 14 be designated in writing and filed with the board within 30 days after the effective date 15 of the change. 16 * Sec. 17. AS 08.48.241(b) is amended to read: 17 (b) Upon filing with the board the application for certificate of authorization, 18 certified copy of resolution, affidavit, and designation of persons specified in this 19 section, the board shall, subject to (c) of this section, issue to the corporation, limited 20 liability company, or limited liability partnership a certificate of authorization to 21 practice architecture, engineering, land surveying, registered interior design, or 22 landscape architecture in this state upon a determination by the board that 23 (1) the bylaws of the corporation, the articles of organization or 24 operating agreement of the limited liability company, or the partnership agreement of 25 the limited liability partnership contain provisions that all architectural, engineering, 26 land surveying, interior design, or landscape architectural decisions pertaining to 27 architectural, engineering, land surveying, interior design, or landscape architectural 28 activities in this state will be made by the specified architect, engineer, land surveyor, 29 registered interior designer, or landscape architect in responsible charge, or other 30 registered architects, engineers, land surveyors, registered interior designers, or 31 landscape architects under the direction or supervision of the architect, engineer, land
01 surveyor, registered interior designer, or landscape architect in responsible charge; 02 (2) the application for certificate of authorization states the type of 03 architecture, engineering, land surveying, interior design, or landscape architecture 04 practiced or to be practiced by the corporation, limited liability company, or limited 05 liability partnership; 06 (3) the applicant corporation, limited liability company, or limited 07 liability partnership has the ability to provide architectural, engineering, land 08 surveying, interior design, or landscape architectural services; 09 (4) the application for certificate of authorization states the 10 professional records of the designated person who is in responsible charge of each 11 major branch of architectural, engineering, land surveying, interior design, or 12 landscape architectural activities in which the corporation, limited liability company, 13 or limited liability partnership specializes; 14 (5) the application for certificate of authorization states the experience, 15 if any, of the corporation, limited liability company, or limited liability partnership in 16 furnishing architectural, engineering, land surveying, interior design, or landscape 17 architectural services during the preceding five-year period; 18 (6) the applicant corporation, limited liability company, or limited 19 liability partnership meets other requirements related to professional competence in 20 the furnishing of architectural, engineering, land surveying, interior design, or 21 landscape architectural services as may be adopted by the board in furtherance of the 22 objectives and provisions of this chapter. 23 * Sec. 18. AS 08.48.241(d) is amended to read: 24 (d) The certificate of authorization must specify the major branches of 25 architecture, engineering, land surveying, interior design, or landscape architecture of 26 which the corporation, limited liability company, or limited liability partnership has 27 designated a person in responsible charge as provided in this section. The certificate of 28 authorization shall be conspicuously displayed in the place of business of the 29 corporation, limited liability company, or limited liability partnership, together with 30 the names of persons designated as being in responsible charge of the professional 31 activities.
01 * Sec. 19. AS 08.48.241(e) is amended to read: 02 (e) If a corporation, limited liability company, or limited liability partnership 03 that is organized solely by [EITHER] a group of architects, a group of engineers, a 04 group of land surveyors, a group of registered interior designers, or a group of 05 landscape architects, each holding a certificate of registration under this chapter, 06 applies for a certificate of authorization, the board may, in its discretion, grant a 07 certificate of authorization to the corporation, limited liability company, or limited 08 liability partnership based on a review of the professional records of the incorporators 09 of the corporation, organizers of the limited liability company, or partners who formed 10 the limited liability partnership in place of the required qualifications set out in this 11 section. If the ownership of the corporation is altered, the membership of the limited 12 liability company is altered, or the partners of the limited liability partnership change, 13 the corporation, limited liability company, or limited liability partnership shall apply 14 for a revised certificate of authorization, based on [UPON] the professional records of 15 the owners of the corporation, the members of the limited liability company, or the 16 partners of the limited liability partnership, if exclusively architects, engineers, land 17 surveyors, registered interior designers, or landscape architects, or otherwise under 18 the qualifications required by (b)(1) - (4) of this section. 19 * Sec. 20. AS 08.48.241(f) is amended to read: 20 (f) A corporation, limited liability company, or a limited liability partnership 21 authorized to offer architectural, engineering, land surveying, interior design, or 22 landscape architectural services under this chapter, together with its directors, officers, 23 managing members, manager, and partners for their own individual acts, is responsible 24 to the same degree as the designated individual registered architect, engineer, land 25 surveyor, registered interior designer, or landscape architect, and shall conduct its 26 business without misconduct or malpractice in the practice of architecture, 27 engineering, land surveying, registered interior design, or landscape architecture as 28 defined in this chapter. 29 * Sec. 21. AS 08.48.241(g) is amended to read: 30 (g) If the board, after a proper hearing, finds that a corporation, limited 31 liability company, or limited liability partnership holding a certificate of authorization
01 has committed misconduct or malpractice, the board shall suspend or revoke the 02 certificate of authorization. The board shall also suspend or revoke the certificate of 03 registration of any registered individual architect, engineer, land surveyor, interior 04 designer, or landscape architect who, after a proper hearing, is found by the board to 05 have participated in committing the misconduct or malpractice. 06 * Sec. 22. AS 08.48.251 is amended to read: 07 Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 08 practice of architecture, engineering, land surveying, registered interior design, or 09 landscape architecture by a partnership if all of the members of the partnership are 10 architects, engineers, land surveyors, registered interior designers, or landscape 11 architects legally registered under this chapter. In this section, "partnership" does not 12 include a limited liability partnership. 13 * Sec. 23. AS 08.48.281(a) is amended to read: 14 (a) A person may not practice or offer to practice the profession of 15 architecture, engineering, land surveying, registered interior design, or landscape 16 architecture in the state, or use in connection with the person's name or otherwise 17 assume or advertise a title or description tending to convey the impression that the 18 person is an architect, [AN] engineer, [A] land surveyor, registered interior designer, 19 or [A] landscape architect, unless the person has been registered under the provisions 20 of this chapter or is a person to whom these provisions do not apply, or, in the case of 21 a corporation, limited liability company, or limited liability partnership, unless it has 22 been authorized under this chapter. 23 * Sec. 24. AS 08.48.281 is amended by adding a new subsection to read: 24 (c) Notwithstanding (a) of this section, this chapter does not prohibit the 25 practice of registered interior design by a person who is not registered to practice 26 registered interior design if the services are being performed by a person acting within 27 the scope of practice authorized by another license that is held by the person. 28 * Sec. 25. AS 08.48.291 is amended to read: 29 Sec. 08.48.291. Violations and penalties. A person who practices or offers to 30 practice architecture, engineering, land surveying, registered interior design, or 31 landscape architecture in the state without being registered or authorized to practice in
01 accordance with the provisions of this chapter, or a person presenting or attempting to 02 use the certificate or the seal of another, or a person who gives false or forged 03 evidence of any kind to the board or to a member of the board in obtaining or 04 attempting to obtain a certificate, or a person who impersonates a registrant, or a 05 person who uses or attempts to use an expired or revoked or nonexistent certificate, 06 knowing of the certificate's status, or a person who falsely claims to be registered and 07 authorized to practice under this chapter, or a person who violates any of the 08 provisions of this chapter, is guilty of a misdemeanor and upon conviction is 09 punishable by a fine of not more than $10,000, or by imprisonment for not more than 10 one year, or by both. 11 * Sec. 26. AS 08.48.295(a) is amended to read: 12 (a) In addition to any other provision of law, if a person practices or offers to 13 practice architecture, engineering, registered interior design, or land surveying in the 14 state without being registered or authorized to practice in accordance with the 15 provisions of this chapter, the board may enter an order levying a civil penalty. 16 * Sec. 27. AS 08.48.311 is amended to read: 17 Sec. 08.48.311. Rights not transferable. The right to engage in the practice of 18 architecture, engineering, land surveying, registered interior design, or landscape 19 architecture is considered a personal and individual right, based on the qualifications 20 of the individual as evidenced by the individual's certificate of registration, which is 21 not transferable. 22 * Sec. 28. AS 08.48.321 is amended to read: 23 Sec. 08.48.321. Evidence of practice. A person practices or offers to practice 24 architecture, engineering, land surveying, registered interior design, or landscape 25 architecture if the person [WHO] 26 (1) practices a branch of the profession of architecture, engineering, 27 land surveying, registered interior design, or landscape architecture [AS DEFINED 28 IN AS 08.48.341]; 29 (2) by verbal claim, sign, advertisement, letterhead, card, or other 30 means represents to be an architect, engineer, land surveyor, registered interior 31 designer, or landscape architect, or through the use of some other title implies that the
01 person is an architect, engineer, land surveyor, registered interior designer, or 02 landscape architect; or 03 (3) holds out as able to perform or [WHO] does perform an 04 architectural, engineering, land surveying, interior design, or landscape architectural 05 service recognized by the professions covered by this chapter, and specified in 06 regulations of the board, as an architectural, engineering, land surveying, interior 07 design, or landscape architectural service. 08 * Sec. 29. AS 08.48.331(a) is amended to read: 09 (a) This chapter does not apply to 10 (1) a contractor performing work designed by a professional architect, 11 engineer, registered interior designer, or landscape architect or the supervision of the 12 construction of the work as a supervisor or superintendent for a contractor; 13 (2) workers in building trades crafts, earthwork, grounds keeping, or 14 nursery operations, and superintendents, supervisors, or inspectors in the performance 15 of their customary duties; 16 (3) an officer or employee of the United States government practicing 17 architecture, engineering, land surveying, registered interior design, or landscape 18 architecture as required by the person's official capacity; 19 (4) an employee or a subordinate of a person registered under this 20 chapter if the work or service is done under the direct supervision of a person 21 registered under this chapter; 22 (5) associates, consultants, or specialists retained by a registered 23 individual, [A] partnership of registered individuals, [A] corporation, [A] limited 24 liability company, or [A] limited liability partnership authorized to practice 25 architecture, engineering, land surveying, registered interior design, or landscape 26 architecture under this chapter, in the performance of professional services if 27 responsible charge of the work remains with the individual, the partnership, or a 28 designated representative of the corporation, limited liability company, or limited 29 liability partnership; 30 (6) a person preparing drawings or specifications for 31 (A) a building for the person's own use and occupancy as a
01 single family residence and related site work for that building; 02 (B) farm or ranch buildings and their grounds unless the public 03 health, safety, or welfare is involved; 04 (C) a building that is intended to be used only as a residence by 05 not more than 06 (i) four families and that is not more than two stories 07 high and the grounds of the building; or 08 (ii) two families and that is not more than three stories 09 high and the grounds of the building, if the building is located in a 10 municipality that has adopted a building or residential code that applies 11 to the building and if the building complies with the building or 12 residential code; 13 (D) a garage, workshop, or similar building that contains less 14 than 2,000 square feet of floor space to be used for a private noncommercial 15 purpose and the grounds of the building; 16 (7) a specialty contractor licensed under AS 08.18 while engaged in 17 the business of construction contracting for work designed by an architect, engineer, 18 registered interior designer, or landscape architect that is within the specialty to be 19 performed or supervised by the specialty contractor, or a contractor preparing shop or 20 field drawings for work that the specialty contractor has contracted to perform; 21 (8) a person, other than a person providing interior design services, 22 furnishing drawings, specifications, instruments of service, or other data for alterations 23 or repairs to a building or its grounds that do not change or affect the structural system 24 or the safety of the building, or that do not affect the public health, safety, or welfare; 25 (9) a person who is employed by a postsecondary educational 26 institution to teach engineering, architectural, interior design, or landscape 27 architectural courses; in this paragraph, "postsecondary educational institution" has the 28 meaning given in AS 14.48.210; 29 (10) an officer or employee of an individual, firm, partnership, 30 association, utility, corporation, limited liability company, or limited liability 31 partnership, who practices engineering, architecture, land surveying, registered
01 interior design, or landscape architecture involved in the operation of the employer's 02 business only if [, AND FURTHER PROVIDED THAT] neither the employee nor the 03 employer offers engineering, architecture, land surveying, interior design, or 04 landscape architecture services to the public; exclusions under this paragraph do not 05 apply to 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 that the board determines does not 08 affect the public health, safety, or welfare; 09 (12) a person while maintaining or directing the placement of plant 10 material that the board determines does not affect the public health, safety, or welfare; 11 (13) an employee, officer, or agent of a regulatory agency of the state 12 or a municipality when reviewing drawings and specifications for compliance with the 13 building codes of the state or a municipality if the drawings and specifications have 14 been sealed and signed by an architect, engineer, land surveyor, registered interior 15 designer, or landscape architect or the preparation of the drawings and specifications 16 is exempt under this section from the requirements of this chapter; in this paragraph, 17 "building codes" includes codes relating to building, mechanical, plumbing, electrical, 18 fire safety standards, and zoning; 19 (14) a person who is designing fire detection or suppression systems 20 and is authorized by the Department of Public Safety to design fire detection or 21 suppression systems; 22 (15) a person providing services limited to the planning, design, 23 and implementation of a kitchen or bath or the specification of products for a 24 kitchen or bath, if the space or area is in a building described in (6)(A) or (C) of 25 this subsection. 26 * Sec. 30. AS 08.48.341(2) is amended to read: 27 (2) "board" means the State Board of Registration for Design 28 Professionals [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS]; 29 * Sec. 31. AS 08.48.341(4) is amended to read: 30 (4) "certificate of authorization" means a certificate issued by the 31 board authorizing a corporation, a limited liability company, or a limited liability
01 partnership to provide professional services in architecture, engineering, land 02 surveying, interior design, or landscape architecture through individuals legally 03 registered by the board; 04 * Sec. 32. AS 08.48.341 is amended by adding new paragraphs to read: 05 (24) "interior technical submissions" means 06 (A) the designs, drawings, and specifications that establish the 07 scope of the interior design to be constructed and the standard of quality for 08 materials, work, equipment, and construction systems; and 09 (B) the studies and other technical reports and calculations 10 prepared in the course of the practice of registered interior design; 11 (25) "practice of registered interior design" 12 (A) includes 13 (i) the professional service of creative work; 14 (ii) teaching of advanced interior design courses in an 15 institution of higher learning; 16 (iii) providing consultation, investigation, research, 17 evaluation, planning, and design for or professional observation of 18 public or private buildings, works, or projects; 19 (iv) interior design review of drawings and 20 specifications made by regulatory agencies; 21 (v) the preparation of documents and interior technical 22 submissions related to interior construction; 23 (vi) minor mechanical, electrical, or structural design 24 work; 25 (B) does not include 26 (i) responsibility for design related to the practice of 27 architecture, except as otherwise allowed in this chapter, or the practice 28 of engineering; 29 (ii) changes to the construction classification of a 30 building or structure as determined by the authority having jurisdiction; 31 (iii) changes of use to an occupancy of greater hazard as
01 determined by the authority having jurisdiction; 02 (iv) changes to the exterior envelope of a building; 03 (v) altering or affecting the structural system of a 04 building, including changing the live or dead load of a building; 05 (vi) changes beyond the exit access component of a 06 system of egress; 07 (vii) changes to construction that materially affects a 08 life safety system pertaining to fire safety or the fire protection of 09 structural elements of a building, or material alterations to a smoke 10 evacuation and compartmentalization system or to a fire rated vertical 11 shaft in a multistory structure; 12 (viii) materially altering or affecting a mechanical, 13 plumbing, heating, air conditioning, ventilation, electrical, vertical 14 transportation, fire sprinkler, or fire alarm system in a building; 15 (26) "registered interior designer" means a person who has been 16 registered by the board in the practice of registered interior design. 17 * Sec. 33. AS 08.48.351 is amended to read: 18 Sec. 08.48.351. Short title. This chapter may be cited as the Design 19 Professionals [ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND 20 LANDSCAPE ARCHITECTS] Registration Act. 21 * Sec. 34. AS 14.43.310(b) is amended to read: 22 (b) To assist the administering authority in selecting eligible applicants for 23 award of each of the memorial education loans under AS 14.43.250 - 14.43.325 and in 24 reviewing the memorial education loan program, the following advisory committees 25 are established: 26 (1) three Alaska state troopers, each one to be selected from and to 27 represent a state trooper region of the state by the regional commander to serve for 28 three years, for the Michael Murphy memorial education loan; 29 (2) [REPEALED 30 (3)] three members of the State [STATE] Board of Registration for 31 Design Professionals [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS]
01 selected annually by the board from among its engineer members, for the Harvey 02 Golub memorial education loan; and 03 (3) [(4)] three members of the state Board of Education and Early 04 Development, or of the staff of the Department of Education and Early Development, 05 or any combination of these, selected annually by the board, for the Robert L. Thomas 06 memorial education loan. 07 * Sec. 35. AS 23.30.017(c)(1) is amended to read: 08 (1) "design professional" means a person registered under AS 08.48 as 09 an architect, engineer, [OR] land surveyor, registered interior designer, or 10 landscape architect; 11 * Sec. 36. AS 34.35.050 is amended to read: 12 Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 13 only to the extent provided under this chapter, to secure the payment of the contract 14 price if the person 15 (1) performs labor on [UPON] real property at the request of the owner 16 or the agent of the owner for the construction, alteration, or repair of a building or 17 improvement; 18 (2) is a trustee of an employee benefit trust for the benefit of 19 individuals performing labor on the building or improvement and has a direct contract 20 with the owner or the agent of the owner for direct payments into the trust; 21 (3) furnishes materials that are delivered to real property under a 22 contract with the owner or the agent of the owner that are incorporated in the 23 construction, alteration, or repair of a building or improvement; 24 (4) furnishes equipment that is delivered to and used on [UPON] real 25 property under a contract with the owner or the agent of the owner for the 26 construction, alteration, or repair of a building or improvement; 27 (5) performs services under a contract with the owner or the agent of 28 the owner in connection with the preparation of plans, surveys, or architectural, [OR] 29 engineering, or interior design plans or drawings for the construction, alteration, or 30 repair of a building or improvement, whether or not actually implemented on that 31 property; or
01 (6) is a general contractor. 02 * Sec. 37. AS 35.15.010(c) is amended to read: 03 (c) In this section, "professional services" means architectural, engineering, 04 [OR] land surveying, or interior design services. 05 * Sec. 38. AS 36.30.270(a) is amended to read: 06 (a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a 07 procurement officer shall negotiate a contract for an agency with the most qualified 08 and suitable firm or person of demonstrated competence for architectural, engineering, 09 [OR] land surveying, or interior design services. The procurement officer shall award 10 a contract for those services at fair and reasonable compensation as determined by the 11 procurement officer, after consideration of the estimated value of the services to be 12 rendered, and the scope, complexity, and professional nature of the services. When 13 determining the most qualified and suitable firm or person, the procurement officer 14 shall consider the 15 (1) proximity to the project site of the office of the firm or person 16 unless federal law prohibits this factor from being considered in the awarding of the 17 contract; and 18 (2) employment practices of the firm or person with regard to women 19 and minorities. 20 * Sec. 39. AS 36.30.270(d) is amended to read: 21 (d) Notwithstanding the other provisions of this section, a procurement officer 22 may include price as an added factor in selecting architectural, engineering, [AND] 23 land surveying, and interior design services when, in the judgment of the 24 procurement officer, the services required are repetitious in nature, and the scope, 25 nature, and amount of services required are thoroughly defined by measurable and 26 objective standards to reasonably enable firms or persons making proposals to 27 compete with a clear understanding and interpretation of the services required. In 28 order to include price as a factor in selection, a majority of the persons involved by the 29 procurement officer in evaluation of the proposals must be registered in the state to 30 perform architectural, engineering, [OR] land surveying, or interior design services. 31 * Sec. 40. AS 36.90.100 is amended to read:
01 Sec. 36.90.100. Contracts for architectural, engineering, land surveying, 02 interior design, or landscape architectural services. The state or a municipality may 03 not award a contract for architectural, engineering, land surveying, interior design, or 04 landscape architectural services to 05 (1) an individual who is not registered under AS 08.48 to perform the 06 architectural, engineering, land surveying, interior design, or landscape architectural 07 services required by the contract; 08 (2) a partnership, except as provided by (3) of this section, that is not 09 qualified under AS 08.48.251 to provide the architectural, engineering, land surveying, 10 interior design, or landscape architectural services required by the contract; or 11 (3) a corporation, limited liability company, or limited liability 12 partnership that is not authorized under AS 08.48.241 to offer the architectural, 13 engineering, land surveying, interior design, or landscape architectural services 14 required by the contract. 15 * Sec. 41. AS 39.25.120(c)(7) is amended to read: 16 (7) the principal executive officer of the following boards, councils, or 17 commissions: 18 (A) Alaska Public Broadcasting Commission; 19 (B) Professional Teaching Practices Commission; 20 (C) Parole Board; 21 (D) Board of Nursing; 22 (E) Real Estate Commission; 23 (F) Alaska Royalty Oil and Gas Development Advisory Board; 24 (G) Alaska State Council on the Arts; 25 (H) Alaska Police Standards Council; 26 (I) Alaska Commission on Aging; 27 (J) Alaska Mental Health Board; 28 (K) State Medical Board; 29 (L) Governor's Council on Disabilities and Special Education; 30 (M) Advisory Board on Alcoholism and Drug Abuse; 31 (N) Statewide Suicide Prevention Council;
01 (O) State Board of Registration for Design Professionals 02 [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS]; 03 (P) Alaska Health Care Commission; 04 (Q) Board of Pharmacy; 05 * Sec. 42. AS 44.62.330(a)(3) is amended to read: 06 (3) State Board of Registration for Design Professionals 07 [ARCHITECTS, ENGINEERS, AND LAND SURVEYORS]; 08 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION. Notwithstanding this Act, a person working as an interior designer 11 before the effective date of secs. 1 - 42 of this Act may continue to practice interior design in 12 the state without registration or authorization as a registered interior designer under AS 08.48 13 until July 1, 2025. 14 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION: REGULATIONS. The State Board of Registration for Architects, 17 Engineers, and Land Surveyors may adopt regulations necessary to implement this Act. The 18 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 19 effective date of the law implemented by the regulation. 20 * Sec. 45. Section 44 of this Act takes effect immediately under AS 01.10.070(c). 21 * Sec. 46. Except as provided in sec. 45 of this Act, this Act takes effect July 1, 2023.