SSSB 54: "An Act relating to registered interior designers and interior design; 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; establishing requirements for the practice of registered interior design; relating to the practice of architecture, engineering, land surveying, landscape architecture, and registered interior design by partnerships; relating to the scope of the certification requirements for architects, engineers, land surveyors, landscape architects, and registered interior designers; relating to liens for labor or materials furnished; relating to the procurement of landscape architectural and interior design services; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 54 01 "An Act relating to registered interior designers and interior design; extending the 02 termination date of the State Board of Registration for Architects, Engineers, and Land 03 Surveyors; relating to the State Board of Registration for Architects, Engineers, and 04 Land Surveyors; establishing requirements for the practice of registered interior design; 05 relating to the practice of architecture, engineering, land surveying, landscape 06 architecture, and registered interior design by partnerships; relating to the scope of the 07 certification requirements for architects, engineers, land surveyors, landscape 08 architects, and registered interior designers; relating to liens for labor or materials 09 furnished; relating to the procurement of landscape architectural and interior design 10 services; and providing for an effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 08.03.010(c)(3) is amended to read:
01 (3) State Board of Registration for Architects, Engineers, and Land 02 Surveyors (AS 08.48.011) - June 30, 2033 [2025]; 03 * Sec. 2. AS 08.48.011(b) is amended to read: 04 (b) The board consists of 13 [11] members appointed by the governor having 05 the qualifications as set out in AS 08.48.031. The board consists of 06 (1) two civil engineers; 07 (2) [,] two land surveyors; 08 (3) [,] one mining, petroleum, or chemical engineer; 09 (4) [,] one electrical engineer; 10 (5) one [OR] mechanical engineer; 11 (6) [,] one engineer from another branch of the profession of 12 engineering; 13 (7) [,] two architects; 14 (8) one interior designer; 15 (9) [,] one landscape architect; [,] and 16 (10) one public member. 17 * Sec. 3. AS 08.48.011(b), as amended by sec. 2 of this Act, is amended to read: 18 (b) The board consists of 13 members appointed by the governor having the 19 qualifications as set out in AS 08.48.031. The board consists of 20 (1) two civil engineers; 21 (2) two land surveyors; 22 (3) one mining, petroleum, or chemical engineer; 23 (4) one electrical engineer; 24 (5) one mechanical engineer; 25 (6) one engineer from another branch of the profession of engineering; 26 (7) two architects; 27 (8) one registered interior designer; 28 (9) one landscape architect; and 29 (10) one public member. 30 * Sec. 4. AS 08.48.071(f) is amended to read: 31 (f) The department shall assemble statistics relating to the performance of its
01 staff and the performance of the board, including 02 (1) the number of architects, engineers, land surveyors, [AND] 03 landscape architects, and registered interior designers registered over a five-year 04 period; 05 (2) the rate of passage of examinations required by the board; 06 (3) the number of applicants for registration over a five-year period; 07 (4) an account of registration fees collected under AS 08.01.065; 08 (5) a measure of the correspondence workload of staff. 09 * Sec. 5. AS 08.48.101 is amended by adding a new subsection to read: 10 (c) The board shall adopt regulations establishing a definition of "interior 11 design" for the purposes of this chapter. The definition must include the preparation of 12 documents related to non-load-bearing interior construction, space planning, finish 13 materials, and furnishings. 14 * Sec. 6. AS 08.48.111 is amended to read: 15 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 16 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 17 corporation, limited liability company, limited liability partnership, or limited 18 partnership who is found guilty of [(1)] fraud or deceit in obtaining a certificate; [(2)] 19 gross negligence, incompetence, or misconduct in the practice of architecture, 20 engineering, land surveying, [OR] landscape architecture, or registered interior 21 design; or [(3)] a violation of this chapter, a regulation adopted under this chapter, or 22 the code of ethics or professional conduct as adopted by the board. [THE CODE OF 23 ETHICS OR PROFESSIONAL CONDUCT SHALL BE DISTRIBUTED IN 24 WRITING TO EVERY REGISTRANT AND APPLICANT FOR REGISTRATION 25 UNDER THIS CHAPTER. THIS PUBLICATION AND DISTRIBUTION OF THE 26 CODE OF ETHICS OR PROFESSIONAL CONDUCT CONSTITUTES DUE 27 NOTICE TO ALL REGISTRANTS.] The board may revise and amend its code and, 28 upon doing so, shall immediately notify each registrant in writing of the revisions or 29 amendments. The board may, upon petition of the registrant, corporation, limited 30 liability company, limited liability partnership, or limited partnership, reissue a 31 certificate if a majority of the members of the board vote in favor of the reissuance.
01 * Sec. 7. AS 08.48.171 is amended to read: 02 Sec. 08.48.171. General requirements and qualifications for registration. 03 An applicant for registration as an architect, engineer, land surveyor, [OR] landscape 04 architect, or registered interior designer must be of good character and reputation 05 and shall submit evidence satisfactory to the board of the applicant's education, 06 training, and experience. 07 * Sec. 8. AS 08.48.181 is amended to read: 08 Sec. 08.48.181. Registration upon examination. Except as provided in 09 AS 08.48.191, for registration as a professional architect, professional engineer, 10 professional land surveyor, [OR] professional landscape architect, or registered 11 interior designer, a person shall be examined in this state in accordance with the 12 regulations of procedure and standards adopted by the board under AS 44.62 13 (Administrative Procedure Act). The procedure and standards shall at least meet the 14 requirements adopted by recognized national examining councils for these 15 professions. 16 * Sec. 9. AS 08.48.191 is amended by adding a new subsection to read: 17 (e) A person holding a certificate of registration authorizing the person to 18 practice registered interior design in a state, territory, or possession of the United 19 States, the District of Columbia, or a foreign country that, in the opinion of the board, 20 meets the requirements of this chapter, based on verified evidence, may, upon 21 application, be registered in accordance with the regulations of the board. 22 * Sec. 10. AS 08.48.201(a) is amended to read: 23 (a) Application for registration as a professional architect, a professional 24 engineer, a professional land surveyor, [OR] a professional landscape architect, or a 25 registered interior designer shall be submitted in the manner prescribed by the 26 board. 27 * Sec. 11. AS 08.48.211(b) is amended to read: 28 (b) The certificate of registration is prima facie evidence that the person 29 named in it is entitled to all rights and privileges of a professional architect, 30 professional engineer, professional land surveyor, [OR] professional landscape 31 architect, or registered interior designer while the certificate remains unrevoked or
01 unexpired. 02 * Sec. 12. AS 08.48.215(a) is amended to read: 03 (a) On retiring from practice and payment of an appropriate one-time fee, an 04 individual who is registered as a professional architect, engineer, land surveyor, 05 or landscape architect and [A REGISTRANT] in good standing with the board may 06 apply for the conversion of a certificate of registration to a retired status registration. 07 The registrant may not practice architecture, engineering, land surveying, or landscape 08 architecture in the state. A retired status registration is valid for the life of the 09 registration holder and does not require renewal. 10 * Sec. 13. AS 08.48 is amended by adding a new section to read: 11 Sec. 08.48.218. Untitled practice of interior design. This chapter does not 12 prohibit the practice of interior design by a person who is not registered as a registered 13 interior designer if the person does not use the title "registered interior designer." 14 * Sec. 14. AS 08.48.221(a) is amended to read: 15 (a) Each registrant may obtain a seal of the design authorized by the board, 16 bearing the registrant's name, registration number, and the appropriate legend for 17 architect, engineer, land surveyor, [OR] landscape architect, or registered interior 18 designer. When a registrant issues final drawings, specifications, surveys, plats, 19 plates, reports, or similar documents, the registrant shall stamp the documents with the 20 seal and sign the seal. The board shall adopt regulations governing the use of seals by 21 the registrant. An architect, engineer, land surveyor, [OR] landscape architect, or 22 registered interior designer may not affix or permit a seal and signature to be affixed 23 to an instrument after the expiration of a certificate or for the purpose of aiding or 24 abetting another person to evade or attempt to evade a provision of this chapter. The 25 registrant, by sealing and signing the document, certifies that the document was 26 prepared by or under the registrant's responsible charge and is within the registrant's 27 field of practice or is design work of minor importance. 28 * Sec. 15. AS 08.48.241(a) is amended to read: 29 (a) This chapter does not prevent a corporation, limited liability company, 30 limited liability partnership, or limited partnership from offering architectural, 31 engineering, land surveying, [OR] landscape architectural, or registered interior
01 design services; however, the corporation, limited liability company, limited liability 02 partnership, or limited partnership shall file with the board 03 (1) an application for a certificate of authorization on a form to be 04 prescribed by the board and containing information required to enable the board to 05 determine whether the corporation, limited liability company, limited liability 06 partnership, or limited partnership is qualified in accordance with the provisions of 07 this chapter to offer to practice architecture, engineering, land surveying, [OR] 08 landscape architecture, or registered interior design in this state; 09 (2) a certified copy of a resolution of the board of directors of the 10 corporation, the managing members or manager of the limited liability company, the 11 general partners of a limited liability partnership, or the general partners of a limited 12 partnership designating persons holding certificates of registration under this chapter 13 as responsible for the practice of architecture, engineering, land surveying, [OR] 14 landscape architecture, or registered interior design by the corporation, limited 15 liability company, limited liability partnership, or limited partnership in this state and 16 providing that full authority to make all final architectural, engineering, land 17 surveying, [OR] landscape architectural, or registered interior design decisions on 18 behalf of the corporation, limited liability company, limited liability partnership, or 19 limited partnership with respect to work performed by the corporation, limited liability 20 company, limited liability partnership, or limited partnership in this state is granted by 21 the board of directors of the corporation, the managing members or manager of the 22 limited liability company, the general partners of the limited liability partnership, or 23 the general partners of the limited partnership to the persons designated in the 24 resolution; however, the filing of this resolution does not relieve the corporation, 25 limited liability company, limited liability partnership, or limited partnership of any 26 responsibility or liability imposed on it by law or by contract; 27 (3) a designation in writing setting out the name of one or more 28 persons holding certificates of registration under this chapter who are in responsible 29 charge of each major branch of the architectural, engineering, land surveying, [OR] 30 landscape architectural, or registered interior design activities in which the 31 corporation, limited liability company, limited liability partnership, or limited
01 partnership specializes in this state; if a change is made in the person in responsible 02 charge of a major branch of the architectural, engineering, land surveying, [OR] 03 landscape architectural, or registered interior design activities, the change shall be 04 designated in writing and filed with the board within 30 days after the effective date of 05 the change. 06 * Sec. 16. AS 08.48.241(b) is amended to read: 07 (b) Upon filing with the board the application for certificate of authorization, 08 certified copy of resolution, affidavit, and designation of persons specified in this 09 section, the board shall, subject to (c) of this section, issue to the corporation, limited 10 liability company, limited liability partnership, or limited partnership a certificate of 11 authorization to practice architecture, engineering, land surveying, [OR] landscape 12 architecture, or registered interior design in this state upon a determination by the 13 board that 14 (1) the bylaws of the corporation, the articles of organization or 15 operating agreement of the limited liability company, the partnership agreement of the 16 limited liability partnership, or the partnership agreement of the limited partnership 17 contain provisions that all architectural, engineering, land surveying, [OR] landscape 18 architectural, or registered interior design decisions pertaining to architectural, 19 engineering, land surveying, [OR] landscape architectural, or registered interior 20 design activities in this state will be made by the specified architect, engineer, land 21 surveyor, [OR] landscape architect, or registered interior designer in responsible 22 charge, or other registered architects, engineers, land surveyors, [OR] landscape 23 architects, or registered interior designers under the direction or supervision of the 24 architect, engineer, land surveyor, [OR] landscape architect, or registered interior 25 designer in responsible charge; 26 (2) the application for certificate of authorization states the type of 27 architecture, engineering, land surveying, [OR] landscape architecture, or registered 28 interior design practiced or to be practiced by the corporation, limited liability 29 company, limited liability partnership, or limited partnership; 30 (3) the applicant corporation, limited liability company, limited 31 liability partnership, or limited partnership has the ability to provide architectural,
01 engineering, land surveying, [OR] landscape architectural, or registered interior 02 design services; 03 (4) the application for certificate of authorization states the 04 professional records of the designated person who is in responsible charge of each 05 major branch of architectural, engineering, land surveying, [OR] landscape 06 architectural, or registered interior design activities in which the corporation, limited 07 liability company, limited liability partnership, or limited partnership specializes; 08 (5) the application for certificate of authorization states the experience, 09 if any, of the corporation, limited liability company, limited liability partnership, or 10 limited partnership in furnishing architectural, engineering, land surveying, [OR] 11 landscape architectural, or registered interior design services during the preceding 12 five-year period; 13 (6) the applicant corporation, limited liability company, limited 14 liability partnership, or limited partnership meets other requirements related to 15 professional competence in the furnishing of architectural, engineering, land 16 surveying, [OR] landscape architectural, or registered interior design services as 17 may be adopted by the board in furtherance of the objectives and provisions of this 18 chapter. 19 * Sec. 17. AS 08.48.241(d) is amended to read: 20 (d) The certificate of authorization must specify the major branches of 21 architecture, engineering, land surveying, [OR] landscape architecture, or registered 22 interior design of which the corporation, limited liability company, limited liability 23 partnership, or limited partnership has designated a person in responsible charge as 24 provided in this section. The certificate of authorization shall be conspicuously 25 displayed in the place of business of the corporation, limited liability company, limited 26 liability partnership, or limited partnership, together with the names of persons 27 designated as being in responsible charge of the professional activities. 28 * Sec. 18. AS 08.48.241(e) is amended to read: 29 (e) If a corporation, limited liability company, limited liability partnership, or 30 limited partnership that is organized solely by [EITHER] a group of architects, a group 31 of engineers, a group of land surveyors, [OR] a group of landscape architects, or a
01 group of registered interior designers, each holding a certificate of registration 02 under this chapter, applies for a certificate of authorization, the board may, in its 03 discretion, grant a certificate of authorization to the corporation, limited liability 04 company, limited liability partnership, or limited partnership based on a review of the 05 professional records of the incorporators of the corporation, organizers of the limited 06 liability company, partners who formed the limited liability partnership, or partners 07 who formed the limited partnership in place of the required qualifications set out in 08 this section. If the ownership of the corporation is altered, the membership of the 09 limited liability company is altered, the partners of the limited liability partnership 10 change, or the general partners of the limited partnership change, the corporation, 11 limited liability company, limited liability partnership, or limited partnership shall 12 apply for a revised certificate of authorization, based on the professional records of the 13 owners of the corporation, the members of the limited liability company, the partners 14 of the limited liability partnership, or the general partners of the limited partnership, if 15 exclusively architects, engineers, land surveyors, [OR] landscape architects, or 16 registered interior designers, or otherwise under the qualifications required by (b)(1) 17 - (4) of this section. 18 * Sec. 19. AS 08.48.241(f) is amended to read: 19 (f) A corporation, limited liability company, limited liability partnership, or 20 limited partnership authorized to offer architectural, engineering, land surveying, [OR] 21 landscape architectural, or registered interior design services under this chapter, 22 together with its directors, officers, managing members, manager, and partners for 23 their own individual acts, is responsible to the same degree as the designated 24 individual registrant, and shall conduct its business without misconduct or malpractice 25 in the practice of architecture, engineering, land surveying, [OR] landscape 26 architecture, or registered interior design as defined in this chapter. 27 * Sec. 20. AS 08.48.251 is amended to read: 28 Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 29 practice of architecture, engineering, land surveying, [OR] landscape architecture, or 30 registered interior design by a partnership if all of the members of the partnership 31 are registrants under this chapter. In this section, "partnership" does not include a
01 limited liability partnership or a limited partnership. 02 * Sec. 21. AS 08.48.281 is amended by adding a new subsection to read: 03 (c) A person may not use a title tending to convey the impression that the 04 person is a "registered interior designer" while offering to practice or practicing 05 interior design, as defined in regulation by the board, unless the person has been 06 registered or authorized under this chapter. 07 * Sec. 22. AS 08.48.291 is amended to read: 08 Sec. 08.48.291. Violations and penalties. A person who practices or offers to 09 practice architecture, engineering, land surveying, [OR] landscape architecture, or 10 registered interior design in the state without being registered or authorized to 11 practice in accordance with the provisions of this chapter, or a person presenting or 12 attempting to use the certificate or the seal of another, or a person who gives false or 13 forged evidence of any kind to the board or to a member of the board in obtaining or 14 attempting to obtain a certificate, or a person who impersonates a registrant, or a 15 person who uses or attempts to use an expired or revoked or nonexistent certificate, 16 knowing of the certificate's status, or a person who falsely claims to be registered and 17 authorized to practice under this chapter, or a person who violates any of the 18 provisions of this chapter, is guilty of a misdemeanor and upon conviction is 19 punishable by a fine of not more than $10,000, or by imprisonment for not more than 20 one year, or by both. 21 * Sec. 23. AS 08.48.295(a) is amended to read: 22 (a) In addition to any other provision of law, if a person practices or offers to 23 practice architecture, engineering, [OR] land surveying, or registered interior design 24 in the state without being registered or authorized to practice in accordance with the 25 provisions of this chapter, the board may enter an order levying a civil penalty. 26 * Sec. 24. AS 08.48.311 is amended to read: 27 Sec. 08.48.311. Rights not transferable. The right to engage in the practice of 28 architecture, engineering, land surveying, [OR] landscape architecture, or registered 29 interior design is considered a personal and individual right, based on the 30 qualifications of the individual as evidenced by the individual's certificate of 31 registration, which is not transferable.
01 * Sec. 25. AS 08.48.321 is amended by adding a new subsection to read: 02 (b) A person uses a title tending to convey the impression that the person is a 03 "registered interior designer" while offering to practice or practicing interior design if 04 the person by verbal claim, sign, advertisement, letterhead, card, or other means 05 represents to be a registered interior designer or through the use of some other title 06 implies that the person is a registered interior designer when offering to practice or 07 practicing interior design. 08 * Sec. 26. 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, or landscape architect or the supervision of the construction of the work as a 12 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, or landscape architecture as required by the 18 person's official capacity; 19 (4) an employee or a subordinate of a registrant if the work or service 20 is done under the direct supervision of a registrant; 21 (5) associates, consultants, or specialists retained by a registrant, [A] 22 partnership of registered individuals, [A] corporation, [A] limited liability company, 23 [A] limited liability partnership, or [A] limited partnership authorized to practice 24 architecture, engineering, land surveying, or landscape architecture under this chapter, 25 in the performance of professional services if responsible charge of the work remains 26 with the registrant, the partnership, or a designated representative of the corporation, 27 limited liability company, limited liability partnership, or limited partnership; 28 (6) a person preparing drawings or specifications for 29 (A) a building for the person's own use and occupancy as a 30 single family residence and related site work for that building; 31 (B) farm or ranch buildings and their grounds unless the public
01 health, safety, or welfare is involved; 02 (C) a building that is intended to be used only as a residence by 03 not more than 04 (i) four families and that is not more than two stories 05 high and the grounds of the building; or 06 (ii) two families and that is not more than three stories 07 high and the grounds of the building, if the building is located in a 08 municipality that has adopted a building or residential code that applies 09 to the building and if the building complies with the building or 10 residential code; 11 (D) a garage, workshop, or similar building that contains less 12 than 2,000 square feet of floor space to be used for a private noncommercial 13 purpose and the grounds of the building; 14 (7) a specialty contractor licensed under AS 08.18 while engaged in 15 the business of construction contracting for work designed by an architect, engineer, 16 or landscape architect that is within the specialty to be performed or supervised by the 17 specialty contractor, or a contractor preparing shop or field drawings for work that the 18 specialty contractor has contracted to perform; 19 (8) a person furnishing drawings, specifications, instruments of 20 service, or other data for alterations or repairs to a building or its grounds that do not 21 change or affect the structural system or the safety of the building, or that do not affect 22 the public health, safety, or welfare; 23 (9) a person who is employed by a postsecondary educational 24 institution to teach engineering, architectural, or landscape architectural courses; in 25 this paragraph, "postsecondary educational institution" has the meaning given in 26 AS 14.48.210; 27 (10) an officer or employee of an individual, firm, partnership, 28 association, utility, corporation, limited liability company, limited liability partnership, 29 or limited partnership, who practices engineering, architecture, land surveying, or 30 landscape architecture involved in the operation of the employer's business only [, 31 AND FURTHER] if neither the employee nor the employer offers engineering,
01 architecture, land surveying, or landscape architecture services to the public; 02 exclusions under this paragraph do not apply to an officer or employee practicing 03 engineering, architecture, land surveying, or landscape architecture on 04 (A) [TO] buildings or structures whose primary use is public 05 occupancy; or 06 (B) natural gas pipelines; in this subparagraph, "natural 07 gas pipeline" has the meaning given in AS 31.25.390; 08 (11) a person while involved in revegetation, restoration, reclamation, 09 rehabilitation, or erosion control for disturbed land that the board determines does not 10 affect the public health, safety, or welfare; 11 (12) a person while maintaining or directing the placement of plant 12 material that the board determines does not affect the public health, safety, or welfare; 13 (13) an employee, officer, or agent of a regulatory agency of the state 14 or a municipality when reviewing drawings and specifications for compliance with the 15 building codes of the state or a municipality if the drawings and specifications have 16 been sealed and signed by an architect, engineer, land surveyor, or landscape architect 17 or the preparation of the drawings and specifications is exempt under this section from 18 the requirements of this chapter; in this paragraph, "building codes" includes codes 19 relating to building, mechanical, plumbing, electrical, fire safety standards, and 20 zoning; 21 (14) a person who is designing fire protection systems and is 22 authorized by the Department of Public Safety to design fire protection systems; 23 (15) a person who is authorized to construct, install, or modify a 24 conventional onsite wastewater system by the Department of Environmental 25 Conservation under AS 46.03.100 and is constructing, installing, or modifying a 26 conventional onsite wastewater system with a capacity of less than 500 gallons of 27 wastewater a day; the Department of Environmental Conservation may adopt 28 regulations limiting the locations in the state in which this paragraph applies. 29 * Sec. 27. 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, a limited liability
01 partnership, or a limited partnership to provide professional services in architecture, 02 engineering, land surveying, [OR] landscape architecture, or registered interior 03 design through individuals legally registered by the board; 04 * Sec. 28. AS 08.48.341(23) is amended to read: 05 (23) "registrant" means a person registered by the board as a 06 professional architect, professional engineer, professional land surveyor, 07 professional [OR] landscape architect, or registered interior designer; 08 * Sec. 29. AS 08.48.341 is amended by adding new paragraphs to read: 09 (27) "registered interior design" means the practice of interior design 10 as a registered interior designer; 11 (28) "registered interior designer" means a person who is registered as 12 a registered interior designer by the board and who may use the title "registered 13 interior designer" in the practice of interior design. 14 * Sec. 30. AS 23.30.017(c)(1) is amended to read: 15 (1) "design professional" means a person registered under AS 08.48 as 16 an architect, engineer, [OR] land surveyor, landscape architect, or registered 17 interior designer; 18 * Sec. 31. AS 34.35.050 is amended to read: 19 Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 20 only to the extent provided under this chapter, to secure the payment of the contract 21 price if the person 22 (1) performs labor on [UPON] real property at the request of the owner 23 or the agent of the owner for the construction, alteration, or repair of a building or 24 improvement; 25 (2) is a trustee of an employee benefit trust for the benefit of 26 individuals performing labor on the building or improvement and has a direct contract 27 with the owner or the agent of the owner for direct payments into the trust; 28 (3) furnishes materials that are delivered to real property under a 29 contract with the owner or the agent of the owner that are incorporated in the 30 construction, alteration, or repair of a building or improvement; 31 (4) furnishes equipment that is delivered to and used on [UPON] real
01 property under a contract with the owner or the agent of the owner for the 02 construction, alteration, or repair of a building or improvement; 03 (5) performs services under a contract with the owner or the agent of 04 the owner in connection with the preparation of plans, surveys, or architectural, [OR] 05 engineering, landscape architectural, or registered interior design plans or 06 drawings for the construction, alteration, or repair of a building or improvement, 07 whether or not actually implemented on that property; or 08 (6) is a general contractor. 09 * Sec. 32. AS 35.15.010(c) is amended to read: 10 (c) In this section, "professional services" means architectural, engineering, 11 [OR] land surveying, landscape architectural, or registered interior design 12 services. 13 * Sec. 33. AS 36.30.270(a) is amended to read: 14 (a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a 15 procurement officer shall negotiate a contract for an agency with the most qualified 16 and suitable firm or person of demonstrated competence for architectural, engineering, 17 [OR] land surveying, landscape architectural, or registered interior design 18 services. The procurement officer shall award a contract for those services at fair and 19 reasonable compensation as determined by the procurement officer, after 20 consideration of the estimated value of the services to be rendered, and the scope, 21 complexity, and professional nature of the services. When determining the most 22 qualified and suitable firm or person, the procurement officer shall consider the 23 (1) proximity to the project site of the office of the firm or person 24 unless federal law prohibits this factor from being considered in the awarding of the 25 contract; and 26 (2) employment practices of the firm or person with regard to women 27 and minorities. 28 * Sec. 34. AS 36.30.270(d) is amended to read: 29 (d) Notwithstanding the other provisions of this section, a procurement officer 30 may include price as an added factor in selecting architectural, engineering, [AND] 31 land surveying, landscape architectural, and registered interior design services
01 when, in the judgment of the procurement officer, the services required are repetitious 02 in nature, and the scope, nature, and amount of services required are thoroughly 03 defined by measurable and objective standards to reasonably enable firms or persons 04 making proposals to compete with a clear understanding and interpretation of the 05 services required. In order to include price as a factor in selection, a majority of the 06 persons involved by the procurement officer in evaluation of the proposals must be 07 registered in the state to perform architectural, engineering, [OR] land surveying, 08 landscape architectural, or registered interior design services. 09 * Sec. 35. AS 36.90.100 is amended to read: 10 Sec. 36.90.100. Contracts for architectural, engineering, land surveying, 11 [OR] landscape architectural, or registered interior design services. The state or a 12 municipality may not award a contract for architectural, engineering, land surveying, 13 [OR] landscape architectural, or registered interior design services to 14 (1) an individual who is not registered under AS 08.48 to perform the 15 architectural, engineering, land surveying, [OR] landscape architectural, or registered 16 interior design services required by the contract; 17 (2) a partnership, except as provided by (3) of this section, that is not 18 qualified under AS 08.48.251 to provide the architectural, engineering, land surveying, 19 [OR] landscape architectural, or registered interior design services required by the 20 contract; or 21 (3) a corporation, limited liability company, or limited liability 22 partnership that is not authorized under AS 08.48.241 to offer the architectural, 23 engineering, land surveying, [OR] landscape architectural, or registered interior 24 design services required by the contract. 25 * Sec. 36. AS 08.48.011(c) is repealed. 26 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITION: BOARD APPOINTMENT. Notwithstanding AS 08.48.031, an 29 interior designer appointed to the State Board of Registration for Architects, Engineers, and 30 Land Surveyors under AS 08.48.011(b), as amended by sec. 2 of this Act, must be certified by 31 the Council for Interior Design Qualification and have resided in the state for at least two
01 years immediately preceding appointment. On and after the effective date of sec. 3 of this Act, 02 an interior designer appointed to the board under AS 08.48.011(b), as amended by sec. 2 of 03 this Act, may continue to occupy the seat on the board reserved for the registered interior 04 designer until a registered interior designer is appointed to the seat. An interior designer 05 appointed to the board under AS 08.48.011(b), as amended by sec. 2 of this Act, is eligible for 06 reappointment to the board on the effective date of sec. 3 of this Act if the interior designer 07 meets the requirements of AS 08.48.011(b), as amended by sec. 3 of this Act. 08 * Sec. 38. Sections 2 and 37 of this Act take effect immediately under AS 01.10.070(c). 09 * Sec. 39. Except as provided in sec. 38 of this Act, this Act takes effect July 1, 2025.