CSSSSB 54(L&C): "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 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 54(L&C) 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 08.48.055(b) is amended to read: 31 (b) The executive administrator of the board shall perform duties as prescribed
01 by the board, including the review and approval of comity applications. The executive 02 administrator is entitled to receive a monthly salary equal to a step in Range 23 03 on the salary schedule set out in AS 39.27.011(a). 04 * Sec. 5. AS 08.48.071(f) is amended to read: 05 (f) The department shall assemble statistics relating to the performance of its 06 staff and the performance of the board, including 07 (1) the number of architects, engineers, land surveyors, [AND] 08 landscape architects, and registered interior designers registered over a five-year 09 period; 10 (2) the rate of passage of examinations required by the board; 11 (3) the number of applicants for registration over a five-year period; 12 (4) an account of registration fees collected under AS 08.01.065; 13 (5) a measure of the correspondence workload of staff. 14 * Sec. 6. AS 08.48.101 is amended by adding a new subsection to read: 15 (c) The board shall adopt regulations establishing a definition of "interior 16 design" for the purposes of this chapter. The definition must include the preparation of 17 documents related to non-load-bearing interior construction, space planning, finish 18 materials, and furnishings. 19 * Sec. 7. AS 08.48.111 is amended to read: 20 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 21 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 22 corporation, limited liability company, limited liability partnership, or limited 23 partnership who is found guilty of [(1)] fraud or deceit in obtaining a certificate; [(2)] 24 gross negligence, incompetence, or misconduct in the practice of architecture, 25 engineering, land surveying, [OR] landscape architecture, or registered interior 26 design; or [(3)] a violation of this chapter, a regulation adopted under this chapter, or 27 the code of ethics or professional conduct as adopted by the board. [THE CODE OF 28 ETHICS OR PROFESSIONAL CONDUCT SHALL BE DISTRIBUTED IN 29 WRITING TO EVERY REGISTRANT AND APPLICANT FOR REGISTRATION 30 UNDER THIS CHAPTER. THIS PUBLICATION AND DISTRIBUTION OF THE 31 CODE OF ETHICS OR PROFESSIONAL CONDUCT CONSTITUTES DUE
01 NOTICE TO ALL REGISTRANTS.] The board may revise and amend its code and, 02 upon doing so, shall immediately notify each registrant in writing of the revisions or 03 amendments. The board may, upon petition of the registrant, corporation, limited 04 liability company, limited liability partnership, or limited partnership, reissue a 05 certificate if a majority of the members of the board vote in favor of the reissuance. 06 * Sec. 8. AS 08.48.171 is amended to read: 07 Sec. 08.48.171. General requirements and qualifications for registration. 08 An applicant for registration as an architect, engineer, land surveyor, [OR] landscape 09 architect, or registered interior designer must be of good character and reputation 10 and shall submit evidence satisfactory to the board of the applicant's education, 11 training, and experience. 12 * Sec. 9. AS 08.48.181 is amended to read: 13 Sec. 08.48.181. Registration upon examination. Except as provided in 14 AS 08.48.191, for registration as a professional architect, professional engineer, 15 professional land surveyor, [OR] professional landscape architect, or registered 16 interior designer, a person shall be examined in this state in accordance with the 17 regulations of procedure and standards adopted by the board under AS 44.62 18 (Administrative Procedure Act). The procedure and standards shall at least meet the 19 requirements adopted by recognized national examining councils for these 20 professions. 21 * Sec. 10. AS 08.48.191 is amended by adding a new subsection to read: 22 (e) A person holding a certificate of registration authorizing the person to 23 practice registered interior design in a state, territory, or possession of the United 24 States, the District of Columbia, or a foreign country that, in the opinion of the board, 25 meets the requirements of this chapter, based on verified evidence, may, upon 26 application, be registered in accordance with the regulations of the board. 27 * Sec. 11. AS 08.48.201(a) is amended to read: 28 (a) Application for registration as a professional architect, a professional 29 engineer, a professional land surveyor, [OR] a professional landscape architect, or a 30 registered interior designer shall be submitted in the manner prescribed by the 31 board.
01 * Sec. 12. AS 08.48.211(b) is amended to read: 02 (b) The certificate of registration is prima facie evidence that the person 03 named in it is entitled to all rights and privileges of a professional architect, 04 professional engineer, professional land surveyor, [OR] professional landscape 05 architect, or registered interior designer while the certificate remains unrevoked or 06 unexpired. 07 * Sec. 13. AS 08.48.215(a) is amended to read: 08 (a) On retiring from practice and payment of an appropriate one-time fee, an 09 individual who is registered as a professional architect, engineer, land surveyor, 10 or landscape architect and [A REGISTRANT] in good standing with the board may 11 apply for the conversion of a certificate of registration to a retired status registration. 12 The registrant may not practice architecture, engineering, land surveying, or landscape 13 architecture in the state. A retired status registration is valid for the life of the 14 registration holder and does not require renewal. 15 * Sec. 14. AS 08.48 is amended by adding a new section to read: 16 Sec. 08.48.218. Untitled practice of interior design. This chapter does not 17 prohibit the practice of interior design by a person who is not registered as a registered 18 interior designer if the person does not use the title "registered interior designer." 19 * Sec. 15. AS 08.48.221(a) is amended to read: 20 (a) Each registrant may obtain a seal of the design authorized by the board, 21 bearing the registrant's name, registration number, and the appropriate legend for 22 architect, engineer, land surveyor, [OR] landscape architect, or registered interior 23 designer. When a registrant issues final drawings, specifications, surveys, plats, 24 plates, reports, or similar documents, the registrant shall stamp the documents with the 25 seal and sign the seal. The board shall adopt regulations governing the use of seals by 26 the registrant. An architect, engineer, land surveyor, [OR] landscape architect, or 27 registered interior designer may not affix or permit a seal and signature to be affixed 28 to an instrument after the expiration of a certificate or for the purpose of aiding or 29 abetting another person to evade or attempt to evade a provision of this chapter. The 30 registrant, by sealing and signing the document, certifies that the document was 31 prepared by or under the registrant's responsible charge and is within the registrant's
01 field of practice or is design work of minor importance. 02 * Sec. 16. AS 08.48.241(a) is amended to read: 03 (a) This chapter does not prevent a corporation, limited liability company, 04 limited liability partnership, or limited partnership from offering architectural, 05 engineering, land surveying, [OR] landscape architectural, or registered interior 06 design services; however, the corporation, limited liability company, limited liability 07 partnership, or limited partnership shall file with the board 08 (1) an application for a certificate of authorization on a form to be 09 prescribed by the board and containing information required to enable the board to 10 determine whether the corporation, limited liability company, limited liability 11 partnership, or limited partnership is qualified in accordance with the provisions of 12 this chapter to offer to practice architecture, engineering, land surveying, [OR] 13 landscape architecture, or registered interior design in this state; 14 (2) a certified copy of a resolution of the board of directors of the 15 corporation, the managing members or manager of the limited liability company, the 16 general partners of a limited liability partnership, or the general partners of a limited 17 partnership designating persons holding certificates of registration under this chapter 18 as responsible for the practice of architecture, engineering, land surveying, [OR] 19 landscape architecture, or registered interior design by the corporation, limited 20 liability company, limited liability partnership, or limited partnership in this state and 21 providing that full authority to make all final architectural, engineering, land 22 surveying, [OR] landscape architectural, or registered interior design decisions on 23 behalf of the corporation, limited liability company, limited liability partnership, or 24 limited partnership with respect to work performed by the corporation, limited liability 25 company, limited liability partnership, or limited partnership in this state is granted by 26 the board of directors of the corporation, the managing members or manager of the 27 limited liability company, the general partners of the limited liability partnership, or 28 the general partners of the limited partnership to the persons designated in the 29 resolution; however, the filing of this resolution does not relieve the corporation, 30 limited liability company, limited liability partnership, or limited partnership of any 31 responsibility or liability imposed on it by law or by contract;
01 (3) a designation in writing setting out the name of one or more 02 persons holding certificates of registration under this chapter who are in responsible 03 charge of each major branch of the architectural, engineering, land surveying, [OR] 04 landscape architectural, or registered interior design activities in which the 05 corporation, limited liability company, limited liability partnership, or limited 06 partnership specializes in this state; if a change is made in the person in responsible 07 charge of a major branch of the architectural, engineering, land surveying, [OR] 08 landscape architectural, or registered interior design activities, the change shall be 09 designated in writing and filed with the board within 30 days after the effective date of 10 the change. 11 * Sec. 17. AS 08.48.241(b) is amended to read: 12 (b) Upon filing with the board the application for certificate of authorization, 13 certified copy of resolution, affidavit, and designation of persons specified in this 14 section, the board shall, subject to (c) of this section, issue to the corporation, limited 15 liability company, limited liability partnership, or limited partnership a certificate of 16 authorization to practice architecture, engineering, land surveying, [OR] landscape 17 architecture, or registered interior design in this state upon a determination by the 18 board that 19 (1) the bylaws of the corporation, the articles of organization or 20 operating agreement of the limited liability company, the partnership agreement of the 21 limited liability partnership, or the partnership agreement of the limited partnership 22 contain provisions that all architectural, engineering, land surveying, [OR] landscape 23 architectural, or registered interior design decisions pertaining to architectural, 24 engineering, land surveying, [OR] landscape architectural, or registered interior 25 design activities in this state will be made by the specified architect, engineer, land 26 surveyor, [OR] landscape architect, or registered interior designer in responsible 27 charge, or other registered architects, engineers, land surveyors, [OR] landscape 28 architects, or registered interior designers under the direction or supervision of the 29 architect, engineer, land surveyor, [OR] landscape architect, or registered interior 30 designer in responsible charge; 31 (2) the application for certificate of authorization states the type of
01 architecture, engineering, land surveying, [OR] landscape architecture, or registered 02 interior design practiced or to be practiced by the corporation, limited liability 03 company, limited liability partnership, or limited partnership; 04 (3) the applicant corporation, limited liability company, limited 05 liability partnership, or limited partnership has the ability to provide architectural, 06 engineering, land surveying, [OR] landscape architectural, or registered interior 07 design services; 08 (4) the application for certificate of authorization states the 09 professional records of the designated person who is in responsible charge of each 10 major branch of architectural, engineering, land surveying, [OR] landscape 11 architectural, or registered interior design activities in which the corporation, limited 12 liability company, limited liability partnership, or limited partnership specializes; 13 (5) the application for certificate of authorization states the experience, 14 if any, of the corporation, limited liability company, limited liability partnership, or 15 limited partnership in furnishing architectural, engineering, land surveying, [OR] 16 landscape architectural, or registered interior design services during the preceding 17 five-year period; 18 (6) the applicant corporation, limited liability company, limited 19 liability partnership, or limited partnership meets other requirements related to 20 professional competence in the furnishing of architectural, engineering, land 21 surveying, [OR] landscape architectural, or registered interior design services as 22 may be adopted by the board in furtherance of the objectives and provisions of this 23 chapter. 24 * Sec. 18. AS 08.48.241(d) is amended to read: 25 (d) The certificate of authorization must specify the major branches of 26 architecture, engineering, land surveying, [OR] landscape architecture, or registered 27 interior design of which the corporation, limited liability company, limited liability 28 partnership, or limited partnership has designated a person in responsible charge as 29 provided in this section. The certificate of authorization shall be conspicuously 30 displayed in the place of business of the corporation, limited liability company, limited 31 liability partnership, or limited partnership, together with the names of persons
01 designated as being in responsible charge of the professional activities. 02 * Sec. 19. AS 08.48.241(e) is amended to read: 03 (e) If a corporation, limited liability company, limited liability partnership, or 04 limited partnership that is organized solely by [EITHER] a group of architects, a group 05 of engineers, a group of land surveyors, [OR] a group of landscape architects, or a 06 group of registered interior designers, each holding a certificate of registration 07 under this chapter, applies for a certificate of authorization, the board may, in its 08 discretion, grant a certificate of authorization to the corporation, limited liability 09 company, limited liability partnership, or limited partnership based on a review of the 10 professional records of the incorporators of the corporation, organizers of the limited 11 liability company, partners who formed the limited liability partnership, or partners 12 who formed the limited partnership in place of the required qualifications set out in 13 this section. If the ownership of the corporation is altered, the membership of the 14 limited liability company is altered, the partners of the limited liability partnership 15 change, or the general partners of the limited partnership change, the corporation, 16 limited liability company, limited liability partnership, or limited partnership shall 17 apply for a revised certificate of authorization, based on the professional records of the 18 owners of the corporation, the members of the limited liability company, the partners 19 of the limited liability partnership, or the general partners of the limited partnership, if 20 exclusively architects, engineers, land surveyors, [OR] landscape architects, or 21 registered interior designers, or otherwise under the qualifications required by (b)(1) 22 - (4) of this section. 23 * Sec. 20. AS 08.48.241(f) is amended to read: 24 (f) A corporation, limited liability company, limited liability partnership, or 25 limited partnership authorized to offer architectural, engineering, land surveying, [OR] 26 landscape architectural, or registered interior design services under this chapter, 27 together with its directors, officers, managing members, manager, and partners for 28 their own individual acts, is responsible to the same degree as the designated 29 individual registrant, and shall conduct its business without misconduct or malpractice 30 in the practice of architecture, engineering, land surveying, [OR] landscape 31 architecture, or registered interior design as defined in this chapter.
01 * Sec. 21. AS 08.48.251 is amended to read: 02 Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 03 practice of architecture, engineering, land surveying, [OR] landscape architecture, or 04 registered interior design by a partnership if all of the members of the partnership 05 are registrants under this chapter. In this section, "partnership" does not include a 06 limited liability partnership or a limited partnership. 07 * Sec. 22. AS 08.48.281 is amended by adding a new subsection to read: 08 (c) A person may not use a title tending to convey the impression that the 09 person is a "registered interior designer" while offering to practice or practicing 10 interior design, as defined in regulation by the board, unless the person has been 11 registered or authorized under this chapter. 12 * Sec. 23. AS 08.48.291 is amended to read: 13 Sec. 08.48.291. Violations and penalties. A person who practices or offers to 14 practice architecture, engineering, land surveying, [OR] landscape architecture, or 15 registered interior design in the state without being registered or authorized to 16 practice in accordance with the provisions of this chapter, or a person presenting or 17 attempting to use the certificate or the seal of another, or a person who gives false or 18 forged evidence of any kind to the board or to a member of the board in obtaining or 19 attempting to obtain a certificate, or a person who impersonates a registrant, or a 20 person who uses or attempts to use an expired or revoked or nonexistent certificate, 21 knowing of the certificate's status, or a person who falsely claims to be registered and 22 authorized to practice under this chapter, or a person who violates any of the 23 provisions of this chapter, is guilty of a misdemeanor and upon conviction is 24 punishable by a fine of not more than $10,000, or by imprisonment for not more than 25 one year, or by both. 26 * Sec. 24. AS 08.48.295(a) is amended to read: 27 (a) In addition to any other provision of law, if a person practices or offers to 28 practice architecture, engineering, [OR] land surveying, or registered interior design 29 in the state without being registered or authorized to practice in accordance with the 30 provisions of this chapter, the board may enter an order levying a civil penalty. 31 * Sec. 25. AS 08.48.311 is amended to read:
01 Sec. 08.48.311. Rights not transferable. The right to engage in the practice of 02 architecture, engineering, land surveying, [OR] landscape architecture, or registered 03 interior design is considered a personal and individual right, based on the 04 qualifications of the individual as evidenced by the individual's certificate of 05 registration, which is not transferable. 06 * Sec. 26. AS 08.48.321 is amended by adding a new subsection to read: 07 (b) A person uses a title tending to convey the impression that the person is a 08 "registered interior designer" while offering to practice or practicing interior design if 09 the person by verbal claim, sign, advertisement, letterhead, card, or other means 10 represents to be a registered interior designer or through the use of some other title 11 implies that the person is a registered interior designer when offering to practice or 12 practicing interior design. 13 * Sec. 27. AS 08.48.331(a) is amended to read: 14 (a) This chapter does not apply to 15 (1) a contractor performing work designed by a professional architect, 16 engineer, or landscape architect or the supervision of the construction of the work as a 17 supervisor or superintendent for a contractor; 18 (2) workers in building trades crafts, earthwork, grounds keeping, or 19 nursery operations, and superintendents, supervisors, or inspectors in the performance 20 of their customary duties; 21 (3) an officer or employee of the United States government practicing 22 architecture, engineering, land surveying, or landscape architecture as required by the 23 person's official capacity; 24 (4) an employee or a subordinate of a registrant if the work or service 25 is done under the direct supervision of a registrant; 26 (5) associates, consultants, or specialists retained by a registrant, [A] 27 partnership of registered individuals, [A] corporation, [A] limited liability company, 28 [A] limited liability partnership, or [A] limited partnership authorized to practice 29 architecture, engineering, land surveying, or landscape architecture under this chapter, 30 in the performance of professional services if responsible charge of the work remains 31 with the registrant, the partnership, or a designated representative of the corporation,
01 limited liability company, limited liability partnership, or limited 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 or landscape architect that is within the specialty to be performed or supervised by the 22 specialty contractor, or a contractor preparing shop or field drawings for work that the 23 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, or landscape architectural courses; in 30 this paragraph, "postsecondary educational institution" has the meaning given in 31 AS 14.48.210;
01 (10) an officer or employee of an individual, firm, partnership, 02 association, utility, corporation, limited liability company, limited liability partnership, 03 or limited partnership, who practices engineering, architecture, land surveying, or 04 landscape architecture involved in the operation of the employer's business only [, 05 AND FURTHER] if neither the employee nor the employer offers engineering, 06 architecture, land surveying, or landscape architecture services to the public; 07 exclusions under this paragraph do not apply to buildings or structures whose primary 08 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, or landscape architect 18 or the preparation of the drawings and specifications is exempt under this section from 19 the requirements of this chapter; in this paragraph, "building codes" includes codes 20 relating to building, mechanical, plumbing, electrical, fire safety standards, and 21 zoning; 22 (14) a person who is designing fire protection systems and is 23 authorized by the Department of Public Safety to design fire protection systems; 24 (15) a person who is 25 (A) authorized to construct, install, or modify a 26 conventional onsite wastewater system by the Department of 27 Environmental Conservation under AS 46.03.100; and 28 (B) constructing, installing, or modifying a conventional 29 onsite wastewater system that serves a commercial facility and has a 30 design flow of less than 500 gallons of wastewater a day. 31 * Sec. 28. AS 08.48.331(a), as amended by sec. 27 of this Act, is amended to read:
01 (a) This chapter does not apply to 02 (1) a contractor performing work designed by a professional architect, 03 engineer, or landscape architect or the supervision of the construction of the work as a 04 supervisor or superintendent for a contractor; 05 (2) workers in building trades crafts, earthwork, grounds keeping, or 06 nursery operations, and superintendents, supervisors, or inspectors in the performance 07 of their customary duties; 08 (3) an officer or employee of the United States government practicing 09 architecture, engineering, land surveying, or landscape architecture as required by the 10 person's official capacity; 11 (4) an employee or a subordinate of a registrant if the work or service 12 is done under the direct supervision of a registrant; 13 (5) associates, consultants, or specialists retained by a registrant, 14 partnership of registered individuals, corporation, limited liability company, limited 15 liability partnership, or limited partnership authorized to practice architecture, 16 engineering, land surveying, or landscape architecture under this chapter, in the 17 performance of professional services if responsible charge of the work remains with 18 the registrant, the partnership, or a designated representative of the corporation, 19 limited liability company, limited liability partnership, or limited partnership; 20 (6) a person preparing drawings or specifications for 21 (A) a building for the person's own use and occupancy as a 22 single family residence and related site work for that building; 23 (B) farm or ranch buildings and their grounds unless the public 24 health, safety, or welfare is involved; 25 (C) a building that is intended to be used only as a residence by 26 not more than 27 (i) four families and that is not more than two stories 28 high and the grounds of the building; or 29 (ii) two families and that is not more than three stories 30 high and the grounds of the building, if the building is located in a 31 municipality that has adopted a building or residential code that applies
01 to the building and if the building complies with the building or 02 residential code; 03 (D) a garage, workshop, or similar building that contains less 04 than 2,000 square feet of floor space to be used for a private noncommercial 05 purpose and the grounds of the building; 06 (7) a specialty contractor licensed under AS 08.18 while engaged in 07 the business of construction contracting for work designed by an architect, engineer, 08 or landscape architect that is within the specialty to be performed or supervised by the 09 specialty contractor, or a contractor preparing shop or field drawings for work that the 10 specialty contractor has contracted to perform; 11 (8) a person furnishing drawings, specifications, instruments of 12 service, or other data for alterations or repairs to a building or its grounds that do not 13 change or affect the structural system or the safety of the building, or that do not affect 14 the public health, safety, or welfare; 15 (9) a person who is employed by a postsecondary educational 16 institution to teach engineering, architectural, or landscape architectural courses; in 17 this paragraph, "postsecondary educational institution" has the meaning given in 18 AS 14.48.210; 19 (10) an officer or employee of an individual, firm, partnership, 20 association, utility, corporation, limited liability company, limited liability partnership, 21 or limited partnership, who practices engineering, architecture, land surveying, or 22 landscape architecture involved in the operation of the employer's business only if 23 neither the employee nor the employer offers engineering, architecture, land 24 surveying, or landscape architecture services to the public; exclusions under this 25 paragraph do not apply to an officer or employee 26 (A) practicing engineering, architecture, land surveying, or 27 landscape architecture on [TO] buildings or structures whose primary use is 28 public occupancy; or 29 (B) of a utility that owns, operates, manages, or controls a 30 pipeline that furnishes by transmission or distributes natural or 31 manufactured gas to the public for compensation and who is practicing
01 engineering on the facilities of the pipeline that operate at a pressure 02 greater than 100 pounds per square inch gauge in one of the following 03 manners: 04 (i) the installation of a new district pressure 05 regulator station, compressor station, or gate station; 06 (ii) the reconfiguration or physical change of a 07 district pressure regulator station, compressor station, or gate 08 station that alters or modifies the configuration or overpressure 09 protection of equipment; in this sub-subparagraph, 10 "reconfiguration or physical change" does not include a routine 11 operating adjustment or similar replacement; or 12 (iii) the installation, uprating, repair by 13 replacement, or abandonment of the pipeline; 14 (11) a person while involved in revegetation, restoration, reclamation, 15 rehabilitation, or erosion control for disturbed land that the board determines does not 16 affect the public health, safety, or welfare; 17 (12) a person while maintaining or directing the placement of plant 18 material that the board determines does not affect the public health, safety, or welfare; 19 (13) an employee, officer, or agent of a regulatory agency of the state 20 or a municipality when reviewing drawings and specifications for compliance with the 21 building codes of the state or a municipality if the drawings and specifications have 22 been sealed and signed by an architect, engineer, land surveyor, or landscape architect 23 or the preparation of the drawings and specifications is exempt under this section from 24 the requirements of this chapter; in this paragraph, "building codes" includes codes 25 relating to building, mechanical, plumbing, electrical, fire safety standards, and 26 zoning; 27 (14) a person who is designing fire protection systems and is 28 authorized by the Department of Public Safety to design fire protection systems; 29 (15) a person who is 30 (A) authorized to construct, install, or modify a conventional 31 onsite wastewater system by the Department of Environmental Conservation
01 under AS 46.03.100; and 02 (B) constructing, installing, or modifying a conventional onsite 03 wastewater system that serves a commercial facility and has a design flow of 04 less than 500 gallons of wastewater a day. 05 * Sec. 29. AS 08.48.331 is amended by adding a new subsection to read: 06 (c) The Department of Environmental Conservation may adopt regulations 07 limiting the locations in the state in which (a)(15) of this section applies. 08 (d) Notwithstanding (a)(10)(B) of this section, this chapter does not apply to 09 an officer or employee of a utility that owns, operates, manages, or controls a pipeline 10 that furnishes by transmission or distributes natural or manufactured gas to the public 11 for compensation and who is practicing engineering in an emergency on the facilities 12 of the pipeline that operate at a pressure greater than 100 pounds per square inch 13 gauge. The utility shall notify the Regulatory Commission of Alaska when an officer 14 or employee of the utility practices engineering in an emergency under this subsection. 15 * Sec. 30. AS 08.48.341(4) is amended to read: 16 (4) "certificate of authorization" means a certificate issued by the 17 board authorizing a corporation, a limited liability company, a limited liability 18 partnership, or a limited partnership to provide professional services in architecture, 19 engineering, land surveying, [OR] landscape architecture, or registered interior 20 design through individuals legally registered by the board; 21 * Sec. 31. AS 08.48.341(23) is amended to read: 22 (23) "registrant" means a person registered by the board as a 23 professional architect, professional engineer, professional land surveyor, 24 professional [OR] landscape architect, or registered interior designer; 25 * Sec. 32. AS 08.48.341 is amended by adding new paragraphs to read: 26 (27) "registered interior design" means the practice of interior design 27 as a registered interior designer; 28 (28) "registered interior designer" means a person who is registered as 29 a registered interior designer by the board and who may use the title "registered 30 interior designer" in the practice of interior design. 31 * Sec. 33. AS 23.30.017(c)(1) is amended to read:
01 (1) "design professional" means a person registered under AS 08.48 as 02 an architect, engineer, [OR] land surveyor, landscape architect, or registered 03 interior designer; 04 * Sec. 34. AS 34.35.050 is amended to read: 05 Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 06 only to the extent provided under this chapter, to secure the payment of the contract 07 price if the person 08 (1) performs labor on [UPON] real property at the request of the owner 09 or the agent of the owner for the construction, alteration, or repair of a building or 10 improvement; 11 (2) is a trustee of an employee benefit trust for the benefit of 12 individuals performing labor on the building or improvement and has a direct contract 13 with the owner or the agent of the owner for direct payments into the trust; 14 (3) furnishes materials that are delivered to real property under a 15 contract with the owner or the agent of the owner that are incorporated in the 16 construction, alteration, or repair of a building or improvement; 17 (4) furnishes equipment that is delivered to and used on [UPON] real 18 property under a contract with the owner or the agent of the owner for the 19 construction, alteration, or repair of a building or improvement; 20 (5) performs services under a contract with the owner or the agent of 21 the owner in connection with the preparation of plans, surveys, or architectural, [OR] 22 engineering, landscape architectural, or registered interior design plans or 23 drawings for the construction, alteration, or repair of a building or improvement, 24 whether or not actually implemented on that property; or 25 (6) is a general contractor. 26 * Sec. 35. AS 35.15.010(c) is amended to read: 27 (c) In this section, "professional services" means architectural, engineering, 28 [OR] land surveying, landscape architectural, or registered interior design 29 services. 30 * Sec. 36. AS 36.30.270(a) is amended to read: 31 (a) Notwithstanding conflicting provisions of AS 36.30.100 - 36.30.260, a
01 procurement officer shall negotiate a contract for an agency with the most qualified 02 and suitable firm or person of demonstrated competence for architectural, engineering, 03 [OR] land surveying, landscape architectural, or registered interior design 04 services. The procurement officer shall award a contract for those services at fair and 05 reasonable compensation as determined by the procurement officer, after 06 consideration of the estimated value of the services to be rendered, and the scope, 07 complexity, and professional nature of the services. When determining the most 08 qualified and suitable firm or person, the procurement officer shall consider the 09 (1) proximity to the project site of the office of the firm or person 10 unless federal law prohibits this factor from being considered in the awarding of the 11 contract; and 12 (2) employment practices of the firm or person with regard to women 13 and minorities. 14 * Sec. 37. AS 36.30.270(d) is amended to read: 15 (d) Notwithstanding the other provisions of this section, a procurement officer 16 may include price as an added factor in selecting architectural, engineering, [AND] 17 land surveying, landscape architectural, and registered interior design services 18 when, in the judgment of the procurement officer, the services required are repetitious 19 in nature, and the scope, nature, and amount of services required are thoroughly 20 defined by measurable and objective standards to reasonably enable firms or persons 21 making proposals to compete with a clear understanding and interpretation of the 22 services required. In order to include price as a factor in selection, a majority of the 23 persons involved by the procurement officer in evaluation of the proposals must be 24 registered in the state to perform architectural, engineering, [OR] land surveying, 25 landscape architectural, or registered interior design services. 26 * Sec. 38. AS 36.90.100 is amended to read: 27 Sec. 36.90.100. Contracts for architectural, engineering, land surveying, 28 [OR] landscape architectural, or registered interior design services. The state or a 29 municipality may not award a contract for architectural, engineering, land surveying, 30 [OR] landscape architectural, or registered interior design services to 31 (1) an individual who is not registered under AS 08.48 to perform the
01 architectural, engineering, land surveying, [OR] landscape architectural, or registered 02 interior design services required by the contract; 03 (2) a partnership, except as provided by (3) of this section, that is not 04 qualified under AS 08.48.251 to provide the architectural, engineering, land surveying, 05 [OR] landscape architectural, or registered interior design services required by the 06 contract; or 07 (3) a corporation, limited liability company, or limited liability 08 partnership that is not authorized under AS 08.48.241 to offer the architectural, 09 engineering, land surveying, [OR] landscape architectural, or registered interior 10 design services required by the contract. 11 * Sec. 39. AS 08.48.011(c) is repealed. 12 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 TRANSITION: BOARD APPOINTMENT. Notwithstanding AS 08.48.031, an 15 interior designer appointed to the State Board of Registration for Architects, Engineers, and 16 Land Surveyors under AS 08.48.011(b), as amended by sec. 2 of this Act, must be certified by 17 the Council for Interior Design Qualification and have resided in the state for at least two 18 years immediately preceding appointment. On and after the effective date of sec. 3 of this Act, 19 an interior designer appointed to the board under AS 08.48.011(b), as amended by sec. 2 of 20 this Act, may continue to occupy the seat on the board reserved for the registered interior 21 designer until a registered interior designer is appointed to the seat. An interior designer 22 appointed to the board under AS 08.48.011(b), as amended by sec. 2 of this Act, is eligible for 23 reappointment to the board on the effective date of sec. 3 of this Act if the interior designer 24 meets the requirements of AS 08.48.011(b), as amended by sec. 3 of this Act. 25 * Sec. 41. Sections 2 and 40 of this Act take effect immediately under AS 01.10.070(c). 26 * Sec. 42. Section 28 of this Act and AS 08.48.331(d), enacted by sec. 29 of this Act, take 27 effect January 1, 2026. 28 * Sec. 43. Except as provided in secs. 41 and 42 of this Act, this Act takes effect July 1, 29 2025.