SB 246: "An Act relating to registered interior designers and interior design; relating to project costs for the construction, enlargement, or improvement of airports; 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; relating to the scope of the certification requirements for architects, engineers, land surveyors, landscape architects, and registered interior designers; relating to immunity for design professionals; relating to the cost of construction for recreation centers; relating to liens for labor or materials furnished; relating to the procurement of landscape architectural and interior design services; relating to the cost of construction of safe water and hygienic sewage disposal facilities in villages; and providing for an effective date."
00 SENATE BILL NO. 246 01 "An Act relating to registered interior designers and interior design; relating to project 02 costs for the construction, enlargement, or improvement of airports; extending the 03 termination date of the State Board of Registration for Architects, Engineers, and Land 04 Surveyors; relating to the State Board of Registration for Architects, Engineers, and 05 Land Surveyors; establishing requirements for the practice of registered interior design; 06 relating to the practice of architecture, engineering, land surveying, landscape 07 architecture, and registered interior design; relating to the scope of the certification 08 requirements for architects, engineers, land surveyors, landscape architects, and 09 registered interior designers; relating to immunity for design professionals; relating to 10 the cost of construction for recreation centers; relating to liens for labor or materials 11 furnished; relating to the procurement of landscape architectural and interior design 12 services; relating to the cost of construction of safe water and hygienic sewage disposal
01 facilities in villages; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 02.15.155 is amended to read: 04 Sec. 02.15.155. Project costs defined. In AS 02.15.120 - 02.15.155, "project 05 costs" includes, in addition to costs directly related to the project, the sum total of all 06 costs of financing and carrying out the project, including [, BUT NOT LIMITED TO,] 07 the costs of all necessary studies, surveys, plans and specifications, architectural, 08 engineering, land surveying, landscape architectural, registered interior design, or 09 other special services, acquisition of real property, site preparation and development, 10 purchase, construction, reconstruction and improvement of real property, and the 11 acquisition of machinery and equipment as may be necessary in connection with the 12 project; an allocable portion of the administrative and operating expenses of the 13 grantee; the cost of financing the project, including interest on bonds issued to finance 14 the project; and the cost of other items, including any indemnity and surety bonds and 15 premiums on insurance, legal fees, fees and expenses of trustees, depositaries, 16 financial advisors, and paying agents for the bonds issued as the issuer considers 17 necessary. 18 * Sec. 2. AS 08.03.010(c)(3) is amended to read: 19 (3) State Board of Registration for Architects, Engineers, and Land 20 Surveyors (AS 08.48.011) - June 30, 2033 [2025]; 21 * Sec. 3. AS 08.48.011(b) is amended to read: 22 (b) The board consists of 11 members appointed by the governor having the 23 qualifications as set out in AS 08.48.031. The board consists of 24 (1) four [TWO CIVIL] engineers from different branches of 25 engineering, including civil, chemical, electrical, mining, mechanical, or 26 petroleum engineering; 27 (2) [,] two land surveyors; 28 (3) [, ONE MINING ENGINEER, ONE ELECTRICAL OR 29 MECHANICAL ENGINEER, ONE ENGINEER FROM ANOTHER BRANCH OF 30 THE PROFESSION OF ENGINEERING,] two architects;
01 (4) [,] one landscape architect; 02 (5) one interior designer; [,] and 03 (6) one public member. 04 * Sec. 4. AS 08.48.011(b), as amended by sec. 3 of this Act, is amended to read: 05 (b) The board consists of 11 members appointed by the governor having the 06 qualifications as set out in AS 08.48.031. The board consists of 07 (1) four engineers from different branches of engineering, including 08 civil, chemical, electrical, mining, mechanical, or petroleum engineering; 09 (2) two land surveyors; 10 (3) two architects; 11 (4) one landscape architect; 12 (5) one registered interior designer; and 13 (6) one public member. 14 * Sec. 5. AS 08.48.055(b) is amended to read: 15 (b) The executive administrator of the board shall perform duties as prescribed 16 by the board, including the review and approval of comity applications. The executive 17 administrator is entitled to receive a monthly salary equal to a step in Range 23 18 on the salary schedule set out in AS 39.27.011(a). 19 * Sec. 6. AS 08.48.071(f) is amended to read: 20 (f) The department shall assemble statistics relating to the performance of its 21 staff and the performance of the board, including 22 (1) the number of architects, engineers, land surveyors, [AND] 23 landscape architects, and registered interior designers registered over a five-year 24 period; 25 (2) the rate of passage of examinations required by the board; 26 (3) the number of applicants for registration over a five-year period; 27 (4) an account of registration fees collected under AS 08.01.065; 28 (5) a measure of the correspondence workload of staff. 29 * Sec. 7. AS 08.48.101 is amended by adding a new subsection to read: 30 (c) The board shall adopt regulations establishing 31 (1) a definition of "interior design" for the purposes of this chapter; a
01 person may practice interior design without registration as a registered interior 02 designer while not using the title "registered interior designer"; and 03 (2) the type of documents that a registered interior designer is 04 authorized to sign and stamp with an official seal under AS 08.48.221 for the purpose 05 of obtaining requisite permits for construction projects. 06 * Sec. 8. AS 08.48.111 is amended to read: 07 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board 08 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant, 09 corporation, limited liability company, limited liability partnership, or limited 10 partnership who is found guilty of [(1)] fraud or deceit in obtaining a certificate; [(2)] 11 gross negligence, incompetence, or misconduct in the practice of architecture, 12 engineering, land surveying, [OR] landscape architecture, or registered interior 13 design; or [(3)] a violation of this chapter, a regulation adopted under this chapter, or 14 the code of ethics or professional conduct as adopted by the board. [THE CODE OF 15 ETHICS OR PROFESSIONAL CONDUCT SHALL BE DISTRIBUTED IN 16 WRITING TO EVERY REGISTRANT AND APPLICANT FOR REGISTRATION 17 UNDER THIS CHAPTER. THIS PUBLICATION AND DISTRIBUTION OF THE 18 CODE OF ETHICS OR PROFESSIONAL CONDUCT CONSTITUTES DUE 19 NOTICE TO ALL REGISTRANTS.] The board may revise and amend its code and, 20 upon doing so, shall immediately notify each registrant in writing of the revisions or 21 amendments. The board may, upon petition of the registrant, corporation, limited 22 liability company, limited liability partnership, or limited partnership, reissue a 23 certificate if a majority of the members of the board vote in favor of the reissuance. 24 * Sec. 9. AS 08.48.171 is amended to read: 25 Sec. 08.48.171. General requirements and qualifications for registration. 26 An applicant for registration as an architect, engineer, land surveyor, [OR] landscape 27 architect, or registered interior designer must be of good character and reputation 28 and shall submit evidence satisfactory to the board of the applicant's education, 29 training, and experience. 30 * Sec. 10. AS 08.48.181 is amended to read: 31 Sec. 08.48.181. Registration upon examination. Except as provided in
01 AS 08.48.191, for registration as a professional architect, professional engineer, 02 professional land surveyor, [OR] professional landscape architect, or registered 03 interior designer, a person shall be examined in this state in accordance with the 04 regulations of procedure and standards adopted by the board under AS 44.62 05 (Administrative Procedure Act). The procedure and standards shall at least meet the 06 requirements adopted by recognized national examining councils for these 07 professions. 08 * Sec. 11. AS 08.48.191 is amended by adding a new subsection to read: 09 (e) A person holding a certificate of registration authorizing the person to 10 practice registered interior design in a state, territory, or possession of the United 11 States, the District of Columbia, or a foreign country that, in the opinion of the board, 12 meets the requirements of this chapter, based on verified evidence, may, upon 13 application, be registered in accordance with the regulations of the board. 14 * Sec. 12. AS 08.48.201(a) is amended to read: 15 (a) Application for registration as a professional architect, a professional 16 engineer, a professional land surveyor, [OR] a professional landscape architect, or a 17 registered interior designer shall be submitted in the manner prescribed by the 18 board. 19 * Sec. 13. AS 08.48.211(b) is amended to read: 20 (b) The certificate of registration is prima facie evidence that the person 21 named in it is entitled to all rights and privileges of a professional architect, 22 professional engineer, professional land surveyor, [OR] professional landscape 23 architect, or registered interior designer while the certificate remains unrevoked or 24 unexpired. 25 * Sec. 14. AS 08.48.215(a) is amended to read: 26 (a) On retiring from practice and payment of an appropriate one-time fee, an 27 individual who is registered as a professional architect, engineer, land surveyor, 28 or landscape architect and [A REGISTRANT] in good standing with the board may 29 apply for the conversion of a certificate of registration to a retired status registration. 30 The registrant may not practice architecture, engineering, land surveying, or landscape 31 architecture in the state. A retired status registration is valid for the life of the
01 registration holder and does not require renewal. 02 * Sec. 15. AS 08.48 is amended by adding a new section to read: 03 Sec. 08.48.218. Untitled practice of interior design. This chapter does not 04 prohibit the practice of interior design by a person who is not registered as a registered 05 interior designer if the person does not use the title "registered interior designer." 06 * Sec. 16. AS 08.48.221(a) is amended to read: 07 (a) Each registrant may obtain a seal of the design authorized by the board, 08 bearing the registrant's name, registration number, and the appropriate legend for 09 architect, engineer, land surveyor, [OR] landscape architect, or registered interior 10 designer. When a registrant issues final drawings, specifications, surveys, plats, 11 plates, reports, or similar documents, the registrant shall stamp the documents with the 12 seal and sign the seal. The board shall adopt regulations governing the use of seals by 13 the registrant. An architect, engineer, land surveyor, [OR] landscape architect, or 14 registered interior designer may not affix or permit a seal and signature to be affixed 15 to an instrument after the expiration of a certificate or for the purpose of aiding or 16 abetting another person to evade or attempt to evade a provision of this chapter. The 17 registrant, by sealing and signing the document, certifies that the document was 18 prepared by or under the registrant's responsible charge and is within the registrant's 19 field of practice or is design work of minor importance. 20 * Sec. 17. AS 08.48.241(a) is amended to read: 21 (a) This chapter does not prevent a corporation, limited liability company, 22 limited liability partnership, or limited partnership from offering architectural, 23 engineering, land surveying, [OR] landscape architectural, or registered interior 24 design services; however, the corporation, limited liability company, limited liability 25 partnership, or limited partnership shall file with the board 26 (1) an application for a certificate of authorization on a form to be 27 prescribed by the board and containing information required to enable the board to 28 determine whether the corporation, limited liability company, limited liability 29 partnership, or limited partnership is qualified in accordance with the provisions of 30 this chapter to offer to practice architecture, engineering, land surveying, [OR] 31 landscape architecture, or registered interior design in this state;
01 (2) a certified copy of a resolution of the board of directors of the 02 corporation, the managing members or manager of the limited liability company, the 03 general partners of a limited liability partnership, or the general partners of a limited 04 partnership designating persons holding certificates of registration under this chapter 05 as responsible for the practice of architecture, engineering, land surveying, [OR] 06 landscape architecture, or registered interior design by the corporation, limited 07 liability company, limited liability partnership, or limited partnership in this state and 08 providing that full authority to make all final architectural, engineering, land 09 surveying, [OR] landscape architectural, or registered interior design decisions on 10 behalf of the corporation, limited liability company, limited liability partnership, or 11 limited partnership with respect to work performed by the corporation, limited liability 12 company, limited liability partnership, or limited partnership in this state is granted by 13 the board of directors of the corporation, the managing members or manager of the 14 limited liability company, the general partners of the limited liability partnership, or 15 the general partners of the limited partnership to the persons designated in the 16 resolution; however, the filing of this resolution does not relieve the corporation, 17 limited liability company, limited liability partnership, or limited partnership of any 18 responsibility or liability imposed on it by law or by contract; 19 (3) a designation in writing setting out the name of one or more 20 persons holding certificates of registration under this chapter who are in responsible 21 charge of each major branch of the architectural, engineering, land surveying, [OR] 22 landscape architectural, or registered interior design activities in which the 23 corporation, limited liability company, limited liability partnership, or limited 24 partnership specializes in this state; if a change is made in the person in responsible 25 charge of a major branch of the architectural, engineering, land surveying, [OR] 26 landscape architectural, or registered interior design activities, the change shall be 27 designated in writing and filed with the board within 30 days after the effective date of 28 the change. 29 * Sec. 18. AS 08.48.241(b) is amended to read: 30 (b) Upon filing with the board the application for certificate of authorization, 31 certified copy of resolution, affidavit, and designation of persons specified in this
01 section, the board shall, subject to (c) of this section, issue to the corporation, limited 02 liability company, limited liability partnership, or limited partnership a certificate of 03 authorization to practice architecture, engineering, land surveying, [OR] landscape 04 architecture, or registered interior design in this state upon a determination by the 05 board that 06 (1) the bylaws of the corporation, the articles of organization or 07 operating agreement of the limited liability company, the partnership agreement of the 08 limited liability partnership, or the partnership agreement of the limited partnership 09 contain provisions that all architectural, engineering, land surveying, [OR] landscape 10 architectural, or registered interior design decisions pertaining to architectural, 11 engineering, land surveying, [OR] landscape architectural, or registered interior 12 design activities in this state will be made by the specified architect, engineer, land 13 surveyor, [OR] landscape architect, or registered interior designer in responsible 14 charge, or other registered architects, engineers, land surveyors, [OR] landscape 15 architects, or registered interior designers under the direction or supervision of the 16 architect, engineer, land surveyor, [OR] landscape architect, or registered interior 17 designer in responsible charge; 18 (2) the application for certificate of authorization states the type of 19 architecture, engineering, land surveying, [OR] landscape architecture, or registered 20 interior design practiced or to be practiced by the corporation, limited liability 21 company, limited liability partnership, or limited partnership; 22 (3) the applicant corporation, limited liability company, limited 23 liability partnership, or limited partnership has the ability to provide architectural, 24 engineering, land surveying, [OR] landscape architectural, or registered interior 25 design services; 26 (4) the application for certificate of authorization states the 27 professional records of the designated person who is in responsible charge of each 28 major branch of architectural, engineering, land surveying, [OR] landscape 29 architectural, or registered interior design activities in which the corporation, limited 30 liability company, limited liability partnership, or limited partnership specializes; 31 (5) the application for certificate of authorization states the experience,
01 if any, of the corporation, limited liability company, limited liability partnership, or 02 limited partnership in furnishing architectural, engineering, land surveying, [OR] 03 landscape architectural, or registered interior design services during the preceding 04 five-year period; 05 (6) the applicant corporation, limited liability company, limited 06 liability partnership, or limited partnership meets other requirements related to 07 professional competence in the furnishing of architectural, engineering, land 08 surveying, [OR] landscape architectural, or registered interior design services as 09 may be adopted by the board in furtherance of the objectives and provisions of this 10 chapter. 11 * Sec. 19. AS 08.48.241(d) is amended to read: 12 (d) The certificate of authorization must specify the major branches of 13 architecture, engineering, land surveying, [OR] landscape architecture, or registered 14 interior design of which the corporation, limited liability company, limited liability 15 partnership, or limited partnership has designated a person in responsible charge as 16 provided in this section. The certificate of authorization shall be conspicuously 17 displayed in the place of business of the corporation, limited liability company, limited 18 liability partnership, or limited partnership, together with the names of persons 19 designated as being in responsible charge of the professional activities. 20 * Sec. 20. AS 08.48.241(e) is amended to read: 21 (e) If a corporation, limited liability company, limited liability partnership, or 22 limited partnership that is organized solely by [EITHER] a group of architects, a group 23 of engineers, a group of land surveyors, [OR] a group of landscape architects, or a 24 group of registered interior designers, each holding a certificate of registration 25 under this chapter, applies for a certificate of authorization, the board may, in its 26 discretion, grant a certificate of authorization to the corporation, limited liability 27 company, limited liability partnership, or limited partnership based on a review of the 28 professional records of the incorporators of the corporation, organizers of the limited 29 liability company, partners who formed the limited liability partnership, or partners 30 who formed the limited partnership in place of the required qualifications set out in 31 this section. If the ownership of the corporation is altered, the membership of the
01 limited liability company is altered, the partners of the limited liability partnership 02 change, or the general partners of the limited partnership change, the corporation, 03 limited liability company, limited liability partnership, or limited partnership shall 04 apply for a revised certificate of authorization, based on the professional records of the 05 owners of the corporation, the members of the limited liability company, the partners 06 of the limited liability partnership, or the general partners of the limited partnership, if 07 exclusively architects, engineers, land surveyors, [OR] landscape architects, or 08 registered interior designers, or otherwise under the qualifications required by (b)(1) 09 - (4) of this section. 10 * Sec. 21. AS 08.48.241(f) is amended to read: 11 (f) A corporation, limited liability company, limited liability partnership, or 12 limited partnership authorized to offer architectural, engineering, land surveying, [OR] 13 landscape architectural, or registered interior design services under this chapter, 14 together with its directors, officers, managing members, manager, and partners for 15 their own individual acts, is responsible to the same degree as the designated 16 individual registrant, and shall conduct its business without misconduct or malpractice 17 in the practice of architecture, engineering, land surveying, [OR] landscape 18 architecture, or registered interior design as defined in this chapter. 19 * Sec. 22. AS 08.48.251 is amended to read: 20 Sec. 08.48.251. Certain partnerships. This chapter does not prevent the 21 practice of architecture, engineering, land surveying, [OR] landscape architecture, or 22 registered interior design by a partnership if all of the members of the partnership 23 are registrants under this chapter. In this section, "partnership" does not include a 24 limited liability partnership or a limited partnership. 25 * Sec. 23. AS 08.48.281 is amended by adding a new subsection to read: 26 (c) A person may not use a title tending to convey the impression that the 27 person is a "registered interior designer" while offering to practice or practicing 28 interior design, as defined in regulation by the board, unless the person has been 29 registered or authorized under this chapter. 30 * Sec. 24. AS 08.48.291 is amended to read: 31 Sec. 08.48.291. Violations and penalties. A person who practices or offers to
01 practice architecture, engineering, land surveying, [OR] landscape architecture, or 02 registered interior design in the state without being registered or authorized to 03 practice in accordance with the provisions of this chapter, or a person presenting or 04 attempting to use the certificate or the seal of another, or a person who gives false or 05 forged evidence of any kind to the board or to a member of the board in obtaining or 06 attempting to obtain a certificate, or a person who impersonates a registrant, or a 07 person who uses or attempts to use an expired or revoked or nonexistent certificate, 08 knowing of the certificate's status, or a person who falsely claims to be registered and 09 authorized to practice under this chapter, or a person who violates any of the 10 provisions of this chapter, is guilty of a misdemeanor and upon conviction is 11 punishable by a fine of not more than $10,000, or by imprisonment for not more than 12 one year, or by both. 13 * Sec. 25. AS 08.48.295(a) is amended to read: 14 (a) In addition to any other provision of law, if a person practices or offers to 15 practice architecture, engineering, [OR] land surveying, or registered interior design 16 in the state without being registered or authorized to practice in accordance with the 17 provisions of this chapter, the board may enter an order levying a civil penalty. 18 * Sec. 26. AS 08.48.311 is amended to read: 19 Sec. 08.48.311. Rights not transferable. The right to engage in the practice of 20 architecture, engineering, land surveying, [OR] landscape architecture, or registered 21 interior design is considered a personal and individual right, based on the 22 qualifications of the individual as evidenced by the individual's certificate of 23 registration, which is not transferable. 24 * Sec. 27. AS 08.48.321 is amended by adding a new subsection to read: 25 (b) A person uses a title tending to convey the impression that the person is a 26 "registered interior designer" while offering to practice or practicing interior design if 27 the person by verbal claim, sign, advertisement, letterhead, card, or other means 28 represents to be a registered interior designer or through the use of some other title 29 implies that the person is a registered interior designer when offering to practice or 30 practicing interior design. 31 * Sec. 28. AS 08.48.331(a) 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, [A] 14 partnership of registered individuals, [A] corporation, [A] limited liability company, 15 [A] limited liability partnership, or [A] limited partnership authorized to practice 16 architecture, engineering, land surveying, or landscape architecture under this chapter, 17 in the performance of professional services if responsible charge of the work remains 18 with 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 [, 23 AND FURTHER] if neither the employee nor the employer offers engineering, 24 architecture, land surveying, or landscape architecture services to the public; 25 exclusions under this paragraph do not apply to an officer or employee 26 (A) practicing engineering, architecture, land surveying, or 27 landscape architecture on buildings or structures whose primary use is public 28 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 practices
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 authorized by the Department of 30 Environmental Conservation under AS 46.03.100 to construct, install, or modify 31 an onsite wastewater system that has a design flow of less than 1,500 gallons of
01 wastewater a day. 02 * Sec. 29. AS 08.48.331 is amended by adding new subsections to read: 03 (c) The Department of Environmental Conservation may adopt regulations 04 limiting the locations in the state in which (a)(15) of this section applies. 05 (d) Notwithstanding (a)(10)(B) of this section, this chapter does not apply to 06 an officer or employee of a utility that owns, operates, manages, or controls a pipeline 07 that furnishes by transmission or distributes natural or manufactured gas to the public 08 for compensation and who is practicing engineering in an emergency on the facilities 09 of the pipeline that operate at a pressure greater than 100 pounds per square inch 10 gauge. The utility shall notify the Regulatory Commission of Alaska when an officer 11 or employee of the utility practices engineering in an emergency under this subsection. 12 * Sec. 30. AS 08.48.341(4) is amended to read: 13 (4) "certificate of authorization" means a certificate issued by the 14 board authorizing a corporation, a limited liability company, a limited liability 15 partnership, or a limited partnership to provide professional services in architecture, 16 engineering, land surveying, [OR] landscape architecture, or registered interior 17 design through individuals legally registered by the board; 18 * Sec. 31. AS 08.48.341(23) is amended to read: 19 (23) "registrant" means a person registered by the board as a 20 professional architect, professional engineer, professional land surveyor, 21 professional [OR] landscape architect, or registered interior designer; 22 * Sec. 32. AS 08.48.341 is amended by adding new paragraphs to read: 23 (27) "registered interior design" means the practice of interior design 24 as a registered interior designer; 25 (28) "registered interior designer" means a person who is 26 (A) registered and qualified by education, training, experience, 27 and examination to engage in the practice of interior design, as defined by the 28 board, while using the title "registered interior designer"; and 29 (B) authorized to sign and stamp documents with an official 30 seal under AS 08.48.221, as determined by the board, for the purpose of 31 obtaining requisite permits for construction projects.
01 * Sec. 33. AS 23.30.017(c)(1) is amended to read: 02 (1) "design professional" means a person registered under AS 08.48 as 03 an architect, engineer, [OR] land surveyor, landscape architect, or registered 04 interior designer; 05 * Sec. 34. AS 29.60.400(c) is amended to read: 06 (c) In this section, "costs of construction" means, in addition to costs directly 07 related to a project, the sum of all costs of financing and carrying out the project, 08 including the costs of all necessary studies, surveys, plans and specifications, 09 architectural, engineering, land surveying, landscape architectural, registered 10 interior design, or other special services, acquisition of real property, site preparation 11 and development, purchase, construction, reconstruction, and improvement of real 12 property, and the acquisition of machinery and equipment necessary to the project; an 13 allocable portion of the administrative and operating expenses of the grantee; and the 14 cost of financing the project, including interest on bonds issued to finance the project, 15 the cost of indemnity and surety bonds, premiums on insurance, legal fees, fees and 16 expenses of trustees, depositaries, and financial advisors, and the costs associated with 17 the issuance of bonds. It does not include the cost of feasibility studies. 18 * Sec. 35. 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. 36. 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. 37. 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. 38. 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. 39. AS 36.30.305(e) is amended to read: 10 (e) Architectural, engineering, [AND] land survey, landscape architectural, 11 and registered interior design contracts under AS 36.30.270 may not be made under 12 this section. 13 * Sec. 40. AS 36.30.990(19) is amended to read: 14 (19) "preconstruction services" means information, research, advice, 15 and related tasks regarding the impacts of design on the physical construction of a 16 project; "preconstruction services" does not mean architectural, engineering, [OR] 17 land surveying, landscape architectural, and registered interior design services; 18 * Sec. 41. AS 36.90.100 is amended to read: 19 Sec. 36.90.100. Contracts for architectural, engineering, land surveying, 20 [OR] landscape architectural, or registered interior design services. The state or a 21 municipality may not award a contract for architectural, engineering, land surveying, 22 [OR] landscape architectural, or registered interior design services to 23 (1) an individual who is not registered under AS 08.48 to perform the 24 architectural, engineering, land surveying, [OR] landscape architectural, or registered 25 interior design services required by the contract; 26 (2) a partnership, except as provided by (3) of this section, that is not 27 qualified under AS 08.48.251 to provide the architectural, engineering, land surveying, 28 [OR] landscape architectural, or registered interior design services required by the 29 contract; or 30 (3) a corporation, limited liability company, or limited liability 31 partnership that is not authorized under AS 08.48.241 to offer the architectural,
01 engineering, land surveying, [OR] landscape architectural, or registered interior 02 design services required by the contract. 03 * Sec. 42. AS 46.07.040(c) is amended to read: 04 (c) In (a) of this section, "cost of the construction of a facility" includes, in 05 addition to costs directly related to the project, the sum total of all costs of financing 06 and carrying out the project. These include [, BUT ARE NOT LIMITED TO,] the 07 costs of all necessary studies, surveys, plans and specifications, architectural, 08 engineering, land surveying, landscape architectural, or other special services, 09 acquisition of real property, site preparation and development, purchase, construction, 10 reconstruction, and improvement of real property, and the acquisition of machinery 11 and equipment as may be necessary in connection with the project; an allocable 12 portion of the administrative and operating expenses of the grantee; the cost of 13 financing the project, including interest on bonds issued to finance the project; and the 14 cost of other items, including any indemnity and surety bonds and premiums on 15 insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, 16 and paying agents for the bonds issued as the issuer considers necessary. 17 * Sec. 43. AS 08.48.011(c) is repealed. 18 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: BOARD MEMBERS. (a) Notwithstanding AS 08.48.031, an interior 21 designer appointed to the State Board of Registration for Architects, Engineers, and Land 22 Surveyors under AS 08.48.011(b), as amended by sec. 3 of this Act, must be certified by the 23 Council for Interior Design Qualification and have resided in the state for at least two years 24 immediately preceding appointment. On and after the effective date of sec. 4 of this Act, an 25 interior designer appointed to the board under AS 08.48.011(b), as amended by sec. 3 of this 26 Act, may continue to occupy the seat on the board reserved for the registered interior designer 27 until a registered interior designer is appointed to the seat. An interior designer appointed to 28 the board under AS 08.48.011(b), as amended by sec. 3 of this Act, is eligible for 29 reappointment to the board on or after the effective date of sec. 4 of this Act if the interior 30 designer meets the requirements of AS 08.48.011(b), as amended by sec. 4 of this Act. 31 (b) Except for the civil engineer member whose term expires earlier than the term of
01 the other civil engineer member appointed under AS 08.48.011(b), as that subsection read on 02 the day before the effective date of sec. 3 of this Act, each of the four remaining engineer 03 members of the State Board of Registration for Architects, Engineers, and Land Surveyors 04 appointed under AS 08.48.011(b) who is serving on the day before the effective date of sec. 3 05 of this Act may continue to serve the remainder of the term for which the member was 06 appointed. Each of the four remaining engineer members appointed under AS 08.48.011(b), 07 as that subsection read on the day before the effective date of sec. 3 of this Act, shall be 08 replaced when the member's term expires with a person who meets the qualifications of 09 AS 08.48.011(b)(1), as amended by sec. 3 of this Act. 10 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 RETROACTIVITY. Section 2 of this Act is retroactive to June 30, 2025. 13 * Sec. 46. Sections 2, 3, 44, and 45 of this Act take effect immediately under 14 AS 01.10.070(c). 15 * Sec. 47. Except as provided in sec. 46 of this Act, this Act takes effect March 31, 2026.