HB 215: "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to the practice of architecture, engineering, land surveyors, and landscape architecture; relating to scope of the certification requirements for architects, engineers, land surveyors, and landscape architects; relating to immunity for design professionals; relating to liens for labor or materials furnished; relating to the procurement of landscape architectural services; and providing for an effective date."
00 HOUSE BILL NO. 215 01 "An Act extending the termination date of the State Board of Registration for 02 Architects, Engineers, and Land Surveyors; relating to the State Board of Registration 03 for Architects, Engineers, and Land Surveyors; relating to the practice of architecture, 04 engineering, land surveyors, and landscape architecture; relating to scope of the 05 certification requirements for architects, engineers, land surveyors, and landscape 06 architects; relating to immunity for design professionals; relating to liens for labor or 07 materials furnished; relating to the procurement of landscape architectural services; 08 and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 08.03.010(c)(3) is amended to read: 11 (3) State Board of Registration for Architects, Engineers, and Land 12 Surveyors (AS 08.48.011) - June 30, 2033 [2025];
01 * Sec. 2. AS 08.48.011(b) is amended to read: 02 (b) The board consists of 12 [11] members appointed by the governor having 03 the qualifications as set out in AS 08.48.031. The board consists of 04 (1) two civil engineers; 05 (2) [,] two land surveyors; 06 (3) [,] one mining, petroleum, or chemical engineer; 07 (4) [,] one electrical engineer; 08 (5) one [OR] mechanical engineer; 09 (6) [,] one engineer from another branch of the profession of 10 engineering; 11 (7) [,] two architects; 12 (8) [,] one landscape architect; [,] and 13 (9) one public member. 14 * Sec. 3. AS 08.48.055(a) is amended to read: 15 (a) The department, in consultation with the board, shall employ two persons 16 who are not members of the board. One shall serve as the executive administrator of 17 the board. The other shall serve as investigator for the board. The executive 18 administrator is the principal executive officer of the board, [AND IS] in the partially 19 exempt service under AS 39.25.120, and entitled to receive a monthly salary equal 20 to a step in Range 23 on the salary schedule set out in AS 39.27.011(a). 21 * Sec. 4. AS 08.48.111 is amended to read: 22 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 23 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 24 corporation, limited liability company, limited liability partnership, or limited 25 partnership who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) 26 gross negligence, incompetence, or misconduct in the practice of architecture, 27 engineering, land surveying, or landscape architecture; or (3) a violation of this 28 chapter, a regulation adopted under this chapter, or the code of ethics or professional 29 conduct as adopted by the board. The board [THE CODE OF ETHICS OR 30 PROFESSIONAL CONDUCT] shall notify registrants [BE DISTRIBUTED IN 31 WRITING TO EVERY REGISTRANT] and applicants [APPLICANT] for
01 registration under this chapter of the code of ethics or professional conduct. The 02 board shall immediately notify registrants of revisions or amendments to the 03 code of ethics or professional conduct. [THIS PUBLICATION AND 04 DISTRIBUTION OF THE CODE OF ETHICS OR PROFESSIONAL CONDUCT 05 CONSTITUTES DUE NOTICE TO ALL REGISTRANTS. THE BOARD MAY 06 REVISE AND AMEND ITS CODE AND, UPON DOING SO, SHALL 07 IMMEDIATELY NOTIFY EACH REGISTRANT IN WRITING OF THE 08 REVISIONS OR AMENDMENTS.] The board may, upon petition of the registrant, 09 corporation, limited liability company, limited liability partnership, or limited 10 partnership, reissue a certificate if a majority of the members of the board vote in 11 favor of the reissuance. 12 * Sec. 5. AS 08.48.331(a) is amended to read: 13 (a) This chapter does not apply to 14 (1) a contractor performing work designed by a professional architect, 15 engineer, or landscape architect or the supervision of the construction of the work as a 16 supervisor or superintendent for a contractor; 17 (2) workers in building trades crafts, earthwork, grounds keeping, or 18 nursery operations, and superintendents, supervisors, or inspectors in the performance 19 of their customary duties; 20 (3) an officer or employee of the United States government practicing 21 architecture, engineering, land surveying, or landscape architecture as required by the 22 person's official capacity; 23 (4) an employee or a subordinate of a registrant if the work or service 24 is done under the direct supervision of a registrant; 25 (5) associates, consultants, or specialists retained by a registrant, [A] 26 partnership of registered individuals, [A] corporation, [A] limited liability company, 27 [A] limited liability partnership, or [A] limited partnership authorized to practice 28 architecture, engineering, land surveying, or landscape architecture under this chapter, 29 in the performance of professional services if responsible charge of the work remains 30 with the registrant, the partnership, or a designated representative of the corporation, 31 limited liability company, limited liability partnership, or limited partnership;
01 (6) a person preparing drawings or specifications for 02 (A) a building for the person's own use and occupancy as a 03 single family residence and related site work for that building; 04 (B) farm or ranch buildings and their grounds unless the public 05 health, safety, or welfare is involved; 06 (C) a building that is intended to be used only as a residence by 07 not more than 08 (i) four families and that is not more than two stories 09 high and the grounds of the building; or 10 (ii) two families and that is not more than three stories 11 high and the grounds of the building, if the building is located in a 12 municipality that has adopted a building or residential code that applies 13 to the building and if the building complies with the building or 14 residential code; 15 (D) a garage, workshop, or similar building that contains less 16 than 2,000 square feet of floor space to be used for a private noncommercial 17 purpose and the grounds of the building; 18 (7) a specialty contractor licensed under AS 08.18 while engaged in 19 the business of construction contracting for work designed by an architect, engineer, 20 or landscape architect that is within the specialty to be performed or supervised by the 21 specialty contractor, or a contractor preparing shop or field drawings for work that the 22 specialty contractor has contracted to perform; 23 (8) a person furnishing drawings, specifications, instruments of 24 service, or other data for alterations or repairs to a building or its grounds that do not 25 change or affect the structural system or the safety of the building, or that do not affect 26 the 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 29 this 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, corporation, limited liability company, limited liability partnership, 02 or limited partnership, who practices engineering, architecture, land surveying, or 03 landscape architecture involved in the operation of the employer's business only [, 04 AND FURTHER] if neither the employee nor the employer offers engineering, 05 architecture, land surveying, or landscape architecture services to the public; 06 exclusions under this paragraph do not apply to an officer or employee practicing 07 engineering, architecture, land surveying, or landscape architecture on 08 (A) [TO] buildings or structures whose primary use is public 09 occupancy; or 10 (B) natural gas pipelines; in this subparagraph, "natural 11 gas pipeline" has the meaning given in AS 31.25.390; 12 (11) a person while involved in revegetation, restoration, reclamation, 13 rehabilitation, or erosion control for disturbed land that the board determines does not 14 affect the public health, safety, or welfare; 15 (12) a person while maintaining or directing the placement of plant 16 material that the board determines does not affect the public health, safety, or welfare; 17 (13) an employee, officer, or agent of a regulatory agency of the state 18 or a municipality when reviewing drawings and specifications for compliance with the 19 building codes of the state or a municipality if the drawings and specifications have 20 been sealed and signed by an architect, engineer, land surveyor, or landscape architect 21 or the preparation of the drawings and specifications is exempt under this section from 22 the requirements of this chapter; in this paragraph, "building codes" includes codes 23 relating to building, mechanical, plumbing, electrical, fire safety standards, and 24 zoning; 25 (14) a person who is designing fire protection systems and is 26 authorized by the Department of Public Safety to design fire protection systems; 27 (15) a person who is 28 (A) authorized to construct, install, or modify a 29 conventional onsite wastewater system by the Department of 30 Environmental Conservation under AS 46.03.100; and 31 (B) constructing, installing, or modifying a conventional
01 onsite wastewater system that serves a commercial facility and has a 02 design flow of 500 gallons of wastewater a day or less. 03 * Sec. 6. AS 08.48.331 is amended by adding a new subsection to read: 04 (c) The Department of Environmental Conservation may adopt regulations 05 limiting the locations in the state in which (a)(15) of this section applies. 06 * Sec. 7. AS 23.30.017(c)(1) is amended to read: 07 (1) "design professional" means a person registered under AS 08.48 as 08 an architect, engineer, [OR] land surveyor, or landscape architect; 09 * Sec. 8. AS 34.35.050 is amended to read: 10 Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 11 only to the extent provided under this chapter, to secure the payment of the contract 12 price if the person 13 (1) performs labor on [UPON] real property at the request of the owner 14 or the agent of the owner for the construction, alteration, or repair of a building or 15 improvement; 16 (2) is a trustee of an employee benefit trust for the benefit of 17 individuals performing labor on the building or improvement and has a direct contract 18 with the owner or the agent of the owner for direct payments into the trust; 19 (3) furnishes materials that are delivered to real property under a 20 contract with the owner or the agent of the owner that are incorporated in the 21 construction, alteration, or repair of a building or improvement; 22 (4) furnishes equipment that is delivered to and used on [UPON] real 23 property under a contract with the owner or the agent of the owner for the 24 construction, alteration, or repair of a building or improvement; 25 (5) performs services under a contract with the owner or the agent of 26 the owner in connection with the preparation of plans, surveys, or architectural, [OR] 27 engineering, or landscape architectural plans or drawings for the construction, 28 alteration, or repair of a building or improvement, whether or not actually 29 implemented on that property; or 30 (6) is a general contractor. 31 * Sec. 9. AS 36.30.270(a) is amended to read:
01 (a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a 02 procurement officer shall negotiate a contract for an agency with the most qualified 03 and suitable firm or person of demonstrated competence for architectural, engineering, 04 [OR] land surveying, or landscape architectural services. The procurement officer 05 shall award a contract for those services at fair and reasonable compensation as 06 determined by the procurement officer, after consideration of the estimated value of 07 the services to be rendered, and the scope, complexity, and professional nature of the 08 services. When determining the most qualified and suitable firm or person, the 09 procurement officer shall consider the 10 (1) proximity to the project site of the office of the firm or person 11 unless federal law prohibits this factor from being considered in the awarding of the 12 contract; and 13 (2) employment practices of the firm or person with regard to women 14 and minorities. 15 * Sec. 10. AS 36.30.270(d) is amended to read: 16 (d) Notwithstanding the other provisions of this section, a procurement officer 17 may include price as an added factor in selecting architectural, engineering, [AND] 18 land surveying, and landscape architectural services when, in the judgment of the 19 procurement officer, the services required are repetitious in nature, and the scope, 20 nature, and amount of services required are thoroughly defined by measurable and 21 objective standards to reasonably enable firms or persons making proposals to 22 compete with a clear understanding and interpretation of the services required. In 23 order to include price as a factor in selection, a majority of the persons involved by the 24 procurement officer in evaluation of the proposals must be registered in the state to 25 perform architectural, engineering, [OR] land surveying, or landscape architectural 26 services. 27 * Sec. 11. AS 36.30.305(e) is amended to read: 28 (e) Architectural, engineering, [AND] land survey, and landscape 29 architectural contracts under AS 36.30.270 may not be made under this section. 30 * Sec. 12. AS 08.48.011(c) is repealed. 31 * Sec. 13. This Act takes effect July 1, 2025.