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