Legislature(1993 - 1994)

1994-04-29 Senate Journal

Full Journal pdf

1994-04-29                     Senate Journal                      Page 4153
SB 320                                                                       
SENATE BILL NO. 320 "An Act relating to occupational licensing                 
boards and commissions; and relating to architects, engineers, and             
land surveyors" was read the second time.                                      
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Committee Substitute offered on page 3967.  Without             
objection, CS FOR SENATE BILL NO. 320(FIN) "An Act relating                    
to membership on the Board of Registration for Architects,                     
Engineers, and Land Surveyors; relating to registration by the board;          
clarifying the meaning of practicing or offering to practice                   
architecture, engineering, or land surveying; deleting teachers of             
postsecondary land surveying courses from a registration exemption;            
and amending the definition of `practice of land surveying'" was               
adopted.                                                                       
                                                                               
CS FOR SENATE BILL NO. 320(FIN) was read the second time.                      
                                                                               
Senator Little offered Amendment No. 1 :                                        
                                                                               
Page 1, line 4, after "surveying;":                                          
	Insert "relating to registration of landscape architects;"                  
                                                                               
Page 1, lines 8 - 13:                                                          
	Delete all material.                                                          
	Insert new bill sections to read:                                             
   "* Section 1.  AS08.01.010(2) is amended to read:                         
		(2)  State Board of Registration for                                        
Architects, Engineers, [AND] Land Surveyors, and                         
Landscape Architects (AS08.48.011);                                          
   * Sec. 2.  AS08.03.010(c)(3) is amended to read:                          

1994-04-29                     Senate Journal                      Page 4154
SB 320                                                                       
		(3)  State Board of Registration for                                        
Architects, Engineers, [AND] Land Surveyors, and                             
Landscape Architects (AS08.48.011) - June 30, 1997;                          
   * Sec. 3.  AS08.48.011 is amended to read:                                
	Sec. 08.48.011.  BOARD CREATED.  (a)  There is                               
created the State Board of Registration for Architects,                        
Engineers, [AND] Land Surveyors, and Landscape                           
Architects.  The board shall administer the provisions of                    
this chapter and comply with AS44.62 ( [THE]                               
Administrative Procedure Act [(AS44.62]).                                      
	(b)  The board consists of nine voting members                           
appointed by the governor having the qualifications as set                     
out in AS08.48.031 and one nonvoting member appointed                        
by the governor from persons recommended by the                                
Alaska Chapter of the American Society of Landscape                            
Architects and having the qualifications set out in                            
AS08.48.031.  The voting members of the board consist                
[CONSISTS] of two civil engineers, three [ONE LAND                         
SURVEYOR, ONE MINING ENGINEER, TWO] engineers                                  
from other branches of the profession of engineering, two                      
architects, one land surveyor, and one public member.                      
   * Sec. 4.  AS08.48.031 is amended to read:                                
	Sec. 08.48.031.  QUALIFICATIONS.  Each member                                
of the board must have been a resident in the state for three                  
consecutive years immediately preceding appointment and,                       
except for the public member and the nonvoting member,                     
must be registered and have a minimum of five years of                         
professional practice in the member's respective field.                        
   * Sec. 5.  AS08.48.061(b) is amended to read:                             
	(b)  Each voting member of the board is entitled to                      
receive per diem and travel expenses as authorized by law                      
for other boards and commissions.  The nonvoting member                      
of the board is not entitled to receive either per diem or                     
travel expenses.                                                             
   * Sec. 6.  AS08.48.061(c) is amended to read:                             
	(c)  The board may make expenditures from                                    
appropriated funds for any purpose that is reasonably                          
necessary for the proper performance of its duties under this                  
                                                                               
                                                                               

1994-04-29                     Senate Journal                      Page 4155
SB 320                                                                       
chapter.  This may include the expenses of the board                          
delegates to meetings of councils of architect examiners,                      
engineering examiners, [OR] land surveyor examiners, or                  
landscape architect examiners, or any of their subdivisions.                 
The total amount of warrants issued in payment of the                          
expenses incurred under this chapter may not exceed the                        
amount of money appropriated by the legislature.                               
   * Sec. 7.  AS08.48.071(f) is amended to read:                             
	(f)  The Department of Commerce and Economic                                 
Development shall assemble statistics relating to the                          
performance of its staff and the performance of the board,                     
including but not limited to,                                                  
		(1)  the number of architects, engineers,                                   
[AND] land surveyors, and landscape architects registered              
over a five-year period;                                                       
		(2)  the rate of passage of examinations                                    
administered by the board;                                                     
		(3)  the number of persons making                                           
application for registration as a professional architect,                      
engineer, [OR] land surveyor, or landscape architect over              
a five-year period;                                                            
		(4)  an account of registration fees collected                              
under AS08.01.065;                                                             
		(5)  a measure of the correspondence                                        
workload of any licensing examiner employed by the                             
department to carry out this chapter.                                          
   * Sec. 8.  AS08.48.091 is amended to read:                                
	Sec. 08.48.091.  WRITTEN EXAMINATIONS                                        
[AND EXAMINATION FEES].  Except as provided in (b)                           
of this section, written [WRITTEN] examinations shall be                     
held at least twice each year at places determined by the                      
board unless the examination administered by the board is                      
a national examination prepared only once each year, in                        
which case the examination shall be held at least once each                    
year.  A candidate failing an examination may apply for                        
reexamination.                                                                 
   * Sec. 9.  AS 08.48.091 is amended by adding a new subsection             
to read:                                                                       
                                                                               
                                                                               

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SB 320                                                                       
	(b)  The board shall administer a written                                    
examination at least once each year for applicants who are                     
seeking to be registered as landscape architects.                              
   * Sec. 10.  AS08.48.111 is amended to read:                               
	Sec. 08.48.111.  POWER TO REVOKE, SUSPEND,                                   
OR REISSUE CERTIFICATE.  The board may suspend,                                
refuse to renew, or revoke the certificate of or reprimand a                   
registrant or corporation who is found guilty of (1) fraud or                  
deceit in obtaining a certificate; (2) gross negligence,                       
incompetence, or misconduct in the practice of architecture,                   
engineering, [OR] land surveying, or landscape                           
architecture; or (3) a violation of this chapter, a regulation               
adopted under this chapter, or the code of ethics or                           
professional conduct as adopted by the board.  The code of                     
ethics or professional conduct shall be distributed  in writing                
to every registrant and applicant for registration under this                  
chapter.  This publication and distribution of the code of                     
ethics or professional conduct constitutes due notice to all                   
registrants.  The board may revise and amend its code and,                     
upon doing so, shall immediately notify each registrant in                     
writing of the revisions or amendments.  The board may,                        
upon petition of the registrant or corporation, reissue a                      
certificate if a majority of the members of the board vote in                  
favor of the reissuance.                                                       
   * Sec. 11.  AS08.48.171 is amended to read:                               
	Sec. 08.48.171.  GENERAL REQUIREMENTS                                        
AND QUALIFICATIONS FOR REGISTRATION.  An                                       
applicant for registration as an architect, engineer, [OR] land            
surveyor, or landscape architect must be of good character                 
and reputation and shall submit evidence satisfactory to the                   
board of the applicant's education, training, and experience.                  
However, an applicant for registration as a land surveyor                      
may not be required to submit evidence of more than eight                      
years of any combination of education, experience, or                          
training.                                                                      
   * Sec. 12.  AS08.48.181 is amended to read:                               
	Sec. 08.48.181.  REGISTRATION UPON                                           
EXAMINATION.  Except as provided in AS08.48.191, for                           
registration as a professional architect, professional engineer,               
[OR] professional land surveyor, or professional landscape               
architect, a person shall be examined in this state in                       

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SB 320                                                                       
accordance with the regulations of procedure and standards                    
adopted by the board under AS44.62 ( [THE]                                 
Administrative Procedure Act [(AS44.62]).  The procedure                       
and standards shall at least meet the requirements adopted                     
by recognized national examining councils for these                            
professions."                                                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 2, line 11, through page 3, line 31:                                      
	Delete all material.                                                          
	Insert new bill sections to read:                                             
   "* Sec. 14.  AS08.48.191 is amended by adding a new                       
subsection to read:                                                            
	(d)  A person holding a certificate of registration                          
authorizing the person to practice landscape architecture in                   
a state, territory, or possession of the United States, the                    
District of Columbia, or a foreign country, that in the                        
opinion of the board meets the requirements of this chapter,                   
based on verified evidence, may upon application, be                           
registered under the regulations of the board.  A person                       
holding a certificate of qualification issued by the Council                   
of Landscape Architectural Registration Boards may upon                        
application be registered under regulations of the board.                      
   * Sec. 15.  AS08.48.201(a) is amended to read:                            
	(a)  Application for registration as a professional                          
architect, a professional engineer, [OR] a professional land                   
surveyor, or a professional landscape architect shall                      
		(1)  be on a form prescribed and furnished                                  
by the board;                                                                  
		(2)  contain statements made under oath,                                    
showing the applicant's education and a detailed summary                       
of the applicant's technical experience; and                                   
		(3)  contain five references, three of whom                                 
must be architects for architectural registration, engineers for               
engineering registration, [AND] land surveyors for land                        
surveying registration, and landscape architects for                         
landscape architectural registration, having personal                        
knowledge of the applicant's architectural, engineering, [OR]                  
land surveying, or landscape architectural education,                      
training, or experience.                                                   

1994-04-29                     Senate Journal                      Page 4158
SB 320                                                                       
   * Sec. 16.  AS08.48.211 is amended to read:                               
	Sec. 08.48.211.  CERTIFICATE OF                                              
REGISTRATION.  (a)  An applicant who fulfills the                              
requirements set out by the board shall be awarded a                           
certificate of registration as a professional architect, engineer,             
[OR] land surveyor, or landscape architect, authorizing the                
holder to offer or perform architectural, engineering, [OR]                    
land surveying, or landscape architectural services or work                
for the public, or to certify or sign architectural, engineering,              
[OR] land surveying, or landscape architectural documents.                 
Certificates of registration issued under this section shall be                
inscribed on their face in a manner determined by the board.                   
	(b)  The certificate of registration sealed by the                           
board is prima facie evidence that the person named in it is                   
entitled to all rights and privileges of a professional                        
architect, professional engineer, [OR] professional land                       
surveyor, or professional landscape architect while the                    
certificate remains unrevoked or unexpired.                                    
   * Sec. 17.  AS08.48.221 is amended to read:                               
	Sec. 08.48.221.  SEALS.  Each registrant may                                 
obtain a seal of the design authorized by the board, bearing                   
the registrant's name, registration number, and the legend,                    
"Registered Professional Architect," "Registered Professional                  
Engineer," [OR] "Registered Professional Land Surveyor," or                  
"Registered Professional Landscape Architect," as                            
appropriate.  Final drawings, specifications, surveys, plats,                  
plates, reports, and other similar documents shall, when                   
issued, be signed and stamped with the seal.  The board                        
shall adopt regulations governing the use of seals by the                      
registrant.  An architect, engineer, [OR] land surveyor, or                
landscape architect may not affix or permit a seal and                       
signature to be affixed to an instrument after the expiration                  
of a certificate or for the purpose of aiding or abetting                      
another person to evade or attempt to evade a provision of                     
this chapter.  The registrant, by affixing the registrant's seal               
to final drawings, specifications, surveys, plats, plates,                     
reports, and other similar documents, and signing them,                    
certifies that these documents were prepared by or under the                   
registrant's direct supervision, unless the registrant certifies               
on the face of the document to the extent of the registrant's                  
responsibility.                                                                

1994-04-29                     Senate Journal                      Page 4159
SB 320                                                                       
   * Sec. 18.  AS08.48.241(a) is amended to read:                            
	(a)  This chapter does not prevent a corporation                             
from offering architectural, engineering, [OR] land surveying,               
or landscape architectural services; however, the                            
corporation shall file with the board                                          
		(1)  an application for a certificate of                                    
authorization upon a form to be prescribed by the board and                    
containing information required to enable the board to                         
determine whether the corporation is qualified in accordance                   
with the provisions of this chapter to offer to practice                       
architecture, engineering, [OR] land surveying, or landscape                 
architecture in this state;                                                  
		(2)  a certified copy of a resolution of the                                
board of directors of the corporation designating persons                      
holding certificates of registration under this chapter as                     
responsible for the practice of architecture, engineering, [OR]                
land surveying, or landscape architecture by the                           
corporation in this state and providing that full authority to                 
make all final architectural, engineering, [OR] land                           
surveying, or landscape architectural decisions on behalf                  
of the corporation with respect to work performed by the                       
corporation in this state is granted by the board of directors                 
to the persons designated in the resolution; however, the                      
filing of this resolution does not relieve the corporation of                  
any responsibility or liability imposed upon it by law or by                   
contract;                                                                      
		(3)  a designation in writing setting out the                               
name of one or more persons holding certificates of                            
registration under this chapter who are in responsible charge                  
of each major branch of the architectural, engineering, [OR]                   
land surveying, or landscape architectural activities in                   
which the corporation specializes in this state; if a change                   
is made in the person in responsible charge of a major                         
branch of the architectural, engineering, [OR] land surveying,               
or landscape architectural activities, the change shall be                   
designated in writing and filed with the board within 30                       
days after the effective date of the change.                                   
   * Sec. 19.  AS08.48.241(b) is amended to read:                            
                                                                               
                                                                               

1994-04-29                     Senate Journal                      Page 4160
SB 320                                                                       
	(b)  Upon filing with the board the application for                          
certificate of authorization, certified copy of resolution,                    
affidavit, and designation of persons specified in this section,               
the board shall, subject to (c) of this section, issue to the                  
corporation a certificate of authorization to practice                         
architecture, engineering, [OR] land surveying, or landscape                 
architecture in this state upon a determination by the board                 
that                                                                           
		(1)  the bylaws of the corporation contain                                  
provisions that all architectural, engineering, [OR] land                    
surveying, or landscape architectural decisions pertaining                 
to architectural, engineering, [OR] land surveying, or                     
landscape architectural activities in this state will be made                
by the specified architect, engineer, [OR] land surveyor, or             
landscape architect in responsible charge, or other                          
registered architects, engineers, [OR] land surveyors, or                    
landscape architects under the direction or supervision of                   
the architect, engineer, [OR] land surveyor, or landscape                
architect in responsible charge;                                             
		(2)  the application for certificate of                                     
authorization states the type of architecture, engineering,                
[OR] land surveying, or landscape architecture practiced or                
to be practiced by the corporation;                                            
		(3)  the applicant corporation has the ability                              
to provide architectural, engineering, [OR] land surveying, or           
landscape architectural services;                                            
		(4)  the application for certificate of                                     
authorization states the professional records of the designated                
person who is in responsible charge of each major branch of                    
architectural, engineering, [OR] land surveying, or landscape            
architectural activities in which the corporation specializes;               
		(5)  the application for certificate of                                     
authorization states the experience of the corporation, if any,                
in furnishing architectural, engineering, [OR] land surveying,           
or landscape architectural services during the preceding                     
five-year period;                                                              
                                                                               
                                                                               

1994-04-29                     Senate Journal                      Page 4161
SB 320                                                                       
		(6)  the applicant corporation meets other                                  
requirements related to professional competence in the                         
furnishing of architectural, engineering, [OR] land surveying,           
or landscape architectural services as may be adopted by                     
the board in furtherance of the objectives and provisions of                   
this chapter.                                                                  
   * Sec. 20.  AS08.48.241(d) is amended to read:                            
	(d)  The certificate of authorization shall specify the                      
major branches of architecture, engineering, [OR] land                     
surveying, or landscape architecture of which the                          
corporation has designated a person in responsible charge as                   
provided in this section.  The certificate of authorization                    
shall be conspicuously displayed in the place of business of                   
the corporation, together with the names of persons                            
designated as being in responsible charge of the professional                  
activities.                                                                    
   * Sec. 21.  AS08.48.241(e) is amended to read:                            
	(e)  If a corporation, organized solely by either a                          
group of architects, a group of engineers, [OR] a group of                     
land surveyors, or a group of landscape architects, each                   
holding a certificate of registration under this chapter,                      
applies for a certificate of authorization, the board may, in                  
its discretion, grant a certificate of authorization to the                    
corporation based on a review of the professional records of                   
the incorporators, in place of the required qualifications set                 
out in this section.  If the ownership of the corporation is                   
altered, the corporation shall apply for a revised certificate                 
of authorization, based upon the professional records of the                   
owners, if exclusively architects, engineers, [OR] land                    
surveyors, or landscape architects, or otherwise under the                 
qualifications required by (b)(1) -  (4) of this section.                      
   * Sec. 22.  AS08.48.241(f) is amended to read:                            
	(f)  A corporation authorized to offer architectural,                        
engineering, [OR] land surveying, or landscape                           
architectural services under this chapter, together with its                 
directors and officers for their own individual acts, is                       
responsible to the same degree as the designated individual                    
                                                                               
                                                                               

1994-04-29                     Senate Journal                      Page 4162
SB 320                                                                       
registered architect, engineer, [OR] land surveyor, or                  
landscape architect, and shall conduct its business without                  
misconduct or malpractice in the practice of architecture,                     
engineering, [OR] land surveying, or landscape architecture            
as defined in this chapter.                                                    
   * Sec. 23.  AS08.48.241(g) is amended to read:                            
	(g)  If the board, after a proper hearing, finds that                        
a corporation holding a certificate of authorization has                       
committed misconduct or malpractice, the board shall                           
suspend or revoke the certificate of authorization.  The                       
board shall also suspend or revoke the certificate of                          
registration of any registered individual architect, engineer,             
[OR] land surveyor, or landscape architect who, after a                    
proper hearing, is found by the board to have participated in                  
committing the misconduct or malpractice.                                      
   * Sec. 24.  AS08.48.251 is amended to read:                               
	Sec. 08.48.251.  PARTNERSHIPS.  This chapter                                 
does not prevent the practice of architecture, engineering,                
[OR] land surveying, or landscape architecture by                          
partnership if all of the members of the partnership are                       
architects, engineers, [OR] land surveyors, or landscape                 
architects legally registered under this chapter.                            
   * Sec. 25.  AS08.48.281 is amended to read:                               
	Sec. 08.48.281.  PROHIBITED PRACTICE.  A                                     
person may not practice or offer to practice the profession                    
of architecture, engineering, [OR] land surveying, or                    
landscape architecture in the state, or use in connection                    
with the person's name or otherwise assume or advertise a                      
title or description tending to convey the impression that the                 
person is a registered architect, engineer, [OR] land                      
surveyor, or landscape architect unless the person has been                
registered under the provisions of this chapter or is a person                 
to whom these provisions do not apply, or, in the case of a                    
corporation, unless it has been authorized under this chapter.                 
   * Sec. 26.  AS08.48.281 is amended by adding new subsections              
to read:                                                                       
                                                                               
                                                                               

1994-04-29                     Senate Journal                      Page 4163
SB 320                                                                       
	(b)  Notwithstanding (a) of this section, this chapter                       
does not prohibit the practice of landscape architecture by a                  
person who is not registered to practice landscape                             
architecture if the services being performed by the person                     
are within the scope of practice authorized by another                         
license that is held by the person.                                            
	(c)  Notwithstanding the definition of the "practice                         
of landscape architecture" in AS08.48.341, a registered                        
landscape architect may not perform or offer to perform a                      
service described in AS08.48.341(17) if that service also                      
requires registration as an architect or engineer unless the                   
landscape architect is also registered as an architect or                      
engineer, as applicable.                                                       
   * Sec. 27.  AS08.48.291 is amended to read:                               
	Sec. 08.48.291.  VIOLATIONS AND PENALTIES.                                   
A person who practices or offers to practice architecture,                     
engineering, [OR] land surveying, or landscape architecture            
in the state without being registered or authorized to practice                
in accordance with the provisions of this chapter, or a                        
person presenting or attempting to use the certificate or the                  
seal of another, or a person who gives false or forged                         
evidence of any kind to the board or to a member of the                        
board in obtaining or attempting to obtain a certificate, or a                 
person who impersonates a registrant, or a person who uses                     
or attempts to use an expired or revoked or nonexistent                        
certificate, knowing of the certificate's status, or a person                  
who falsely claims to be registered and authorized to                          
practice under this chapter, or a person who violates any of                   
the provisions of this chapter, is guilty of a misdemeanor                     
and upon conviction is punishable by a fine of not more                        
than $10,000, or by imprisonment for not more than one                         
year, or by both.                                                              
   * Sec. 28.  AS08.48.311 is amended to read:                               
	Sec. 08.48.311.  RIGHTS NOT TRANSFERABLE.                                    
The right to engage in the practice of architecture,                           
engineering, [OR] land surveying, or landscape architecture            
is considered a personal and individual right, based on the                    
qualifications of the individual as evidenced by the                           
individual's certificate of registration, which is not                         
transferable.                                                                  
                                                                               

1994-04-29                     Senate Journal                      Page 4164
SB 320                                                                       
   * Sec. 29.  AS08.48.321 is amended to read:                               
	Sec. 08.48.321.  EVIDENCE OF PRACTICE.  A                                    
person practices or offers to practice architecture,                           
engineering, [OR] land surveying, or landscape architecture            
who                                                                            
		(1) practices a branch of the profession of                                 
architecture, engineering,  [OR] land surveying, or                      
landscape architecture as defined in AS08.48.341;                            
		(2)  by verbal claim, sign, advertisement,                                  
letterhead, card, or other means represents to be an architect,                
engineer, [OR] land surveyor, or landscape architect, or               
through the use of some other title implies that the person                    
is an architect, engineer, [OR] land surveyor, or landscape              
architect; or                                                            
		(3)  holds out as able to perform or who                                    
does perform an architectural, engineering, [OR] land                      
surveying, or landscape architectural service recognized by                
the professions covered by this chapter, and specified in                      
regulations of the board, as an architectural, engineering,            
[OR] land surveying, or landscape architectural service.                   
   * Sec. 30.  AS08.48.331 is amended to read:                               
	Sec. 08.48.331.  EXEMPTIONS.  This chapter does                              
not apply to                                                                   
		(1)  a contractor performing work designed                                  
by a professional architect, [OR] engineer, or landscape                 
architect or the supervision of the construction of the work                 
as a supervisor or superintendent for a contractor;                            
		(2)  workers in building trades crafts,                                     
superintendents, supervisors, or inspectors in the performance                 
of their customary duties;                                                     
		(3)  an officer or employee of the United                                   
States government practicing architecture, engineering, [OR]               
land surveying, or landscape architecture as required by                   
the person's official capacity;                                                
		(4)  an employee or a subordinate of a                                      
person registered under this chapter if the work or service                    
is done under the direct supervision of a person registered                    
under this chapter;                                                            
                                                                               
                                                                               

1994-04-29                     Senate Journal                      Page 4165
SB 320                                                                       
		(5)  associates, consultants, or specialists                                
retained by a registered individual, a partnership of                          
registered individuals, or a corporation authorized to practice                
architecture, engineering, [OR] land surveying, or landscape             
architecture under this chapter, in the performance of                       
professional services if responsible charge of the work                        
remains with the individual, the partnership, or a designated                  
representative of the corporation;                                             
		(6)  a person preparing drawings or                                         
specifications for                                                             
		(A)  a building for the person's                                           
own use and occupancy as a single family residence                             
and related site work for that building;                                   
		(B)  farm or ranch buildings, unless                                       
the public health, safety, or welfare is involved;                             
		(C)  a building that is intended to                                        
be used only as a residence by not more than four                              
families and that is not more than two stories high;                           
		(D)  a garage, workshop, or similar                                        
building that contains less than 2,000 square feet of                          
floor space to be used for a private noncommercial                             
purpose;                                                                       
		(7)  a specialty contractor licensed under                                  
AS08.18 while engaged in the business of construction                          
contracting or designing systems for work within the                           
specialty to be performed or supervised by the specialty                       
contractor, or a contractor preparing shop or field drawings                   
for work that the specialty contractor has contracted to                       
perform;                                                                       
		(8)  a person furnishing drawings,                                          
specifications, instruments of service, or other data for                      
alterations or repairs to a building that do not change or                     
affect the structural system or the safety of the building, or                 
that do not affect the public health, safety, or welfare;                      
		(9)  a person who is employed by a                                          
postsecondary educational institution to teach engineering,                    
architectural, or [LAND SURVEYING] landscape                             
architectural courses; in this paragraph, "postsecondary                     
educational institution" has the meaning given in                              
AS14.48.210.                                                                   
                                                                               

1994-04-29                     Senate Journal                      Page 4166
SB 320                                                                       
   * Sec. 31.  AS08.48.341(2) is amended to read:                            
		(2)  "board" means the State Board of                                       
Registration for Architects, Engineers, [AND] Land                         
Surveyors, and Landscape Architects;                                       
   * Sec. 32.  AS08.48.341(4) is amended to read:                            
		(4)  "certificate of authorization" means a                                 
certificate issued by the board authorizing a corporation to                   
provide professional services in architecture, engineering,                
[OR] land surveying, or landscape architecture through                     
individuals legally registered by the board;"                                  
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Page 4, after line 13:                                                         
	Insert new bill sections to read:                                             
   "* Sec. 34.  AS08.48.341 is amended by adding new paragraphs              
to read:                                                                       
		(16)  "landscape architect" means a                                         
professional landscape architect;                                              
		(17)  "practice of landscape architecture"                                  
		(A)  means, except as provided in                                          
(B) of this paragraph,  consultative, investigative,                           
reconnaissance, research, planning, design, and                                
preparation services relating to drawings and                                  
construction documents, observation of construction,                           
and location, arrangement, and design of incidental                            
and necessary tangible objects and features for the                            
purpose of                                                                     
		(i)  preservation and                                                     
enhancement of land uses and natural land                                      
features;                                                                      
		(ii)  location and                                                        
construction of aesthetically pleasing and                                     
functional approaches for structures,                                          
roadways, and walkways;                                                        
		(iii)  establishing or                                                    
maintaining trails, plantings, landscape                                       
irrigation, landscape lighting, and landscape                                  
grading; or                                                                    
                                                                               
                                                                               

1994-04-29                     Senate Journal                      Page 4167
SB 320                                                                       
		(iv)  generalized planning                                                
of the development of land areas in a                                          
manner that is sensitive to the area's natural                                 
and cultural resources;                                                        
		(B)  does not include revegetation,                                        
restoration, reclamation, rehabilitation, or erosion                           
control on land disturbed by mining activities or oil                          
and gas exploration, production, or transportation                             
activities;                                                                    
                                                                               
		(18)  "professional landscape architect"                                    
means a person registered as a professional landscape                          
architect by the board.                                                        
   * Sec. 35.  AS08.48.351 is amended to read:                               
	Sec. 08.48.351.  SHORT TITLE.  This chapter may                              
be cited as the Architects, Engineers, [AND] Land                          
Surveyors, and Landscape Architects Registration Act.                      
   * Sec. 36.  AS14.43.310(b) is amended to read:                            
	(b)  To assist the administering authority in selecting                      
eligible applicants for award of each of the memorial                          
scholarship loans under AS14.43.250 - 14.43.325 and in                         
reviewing the memorial scholarship loan program, the                           
following advisory committees are established:                                 
		(1)  three Alaska state troopers, each one to                               
be selected from and to represent a state trooper region of                    
the state by the regional commander to serve for three years,                  
for the Michael Murphy memorial scholarship;                                   
		(2)  three members of the Governor's                                        
Commission on the Administration of Justice selected                           
annually by the commission from among its membership, for                      
the Carroll L. "Butch" Swartz memorial scholarship;                            
		(3)  three members of the state Board of                                    
Registration for Architects, Engineers, [AND] Land                   
Surveyors, and Landscape Architects selected annually by                   
the board from among its engineer members, for the Harvey                      
Golub memorial scholarship; and                                                
		(4)  three members of the state Board of                                    
Education, or of the staff of the Department of Education,                     
or any combination of these, selected annually by the board,                   
for the Robert L.  Thomas memorial scholarship.                                
                                                                               

1994-04-29                     Senate Journal                      Page 4168
SB 320                                                                       
    * Sec. 37.  AS44.62.330(a)(4) is amended to read:                        
		(4)  State Board of Registration for                                        
Architects, Engineers, [AND] Land Surveyors, and                             
Landscape Architects;                                                        
   * Sec. 38.  TERMS OF NEW MEMBERS.  Notwithstanding                        
AS08.01.035, the initial term of the new nonvoting member                      
appointed under AS08.48.011(b), as amended by sec.3 of this Act,               
is one year.                                                                   
   * Sec. 39.  TRANSITION.  Notwithstanding this Act, a person               
may practice landscape architecture without a certificate of                   
registration issued under AS08.48 until 60 days after the first                
examination for landscape architects administered in the state under           
AS08.48.181, as amended by this Act, has been graded."                         
                                                                               
Senator Little moved for the adoption of Amendment No. 1.                      
Senator Leman objected.                                                        
                                                                               
Senator Leman offered amendment to Amendment No. 1:                            
                                                                               
	Delete "Secs. 1, 2, 31, 35, 36, 37"                                           
                                                                               
	*Sec. 3., lines 3 and 4:                                                      
	Delete "and landscape architects"                                         
                                                                               
Senator Leman moved and asked unanimous consent for the adoption               
of amendment to Amendment No. 1.  Senator Kelly objected, then                 
withdrew his objection.  There being no further objections,                    
amendment to Amendment No. 1 was adopted.                                      
                                                                               
The question being:  "Shall Amendment No. 1 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
CSSB 320(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1 as amended                                                     
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Kelly, Kerttula, Leman,            
Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Zharoff                  
                                                                               

1994-04-29                     Senate Journal                      Page 4169
SB 320                                                                       
Nays:  Halford, Jacko, Phillips, Taylor                                        
                                                                               
and so, Amendment No. 1 as amended was adopted.                                
                                                                               
Senator Taylor offered Amendment No. 2 :                                        
                                                                               
Page 3, line 31, after "AS 14.48.210"                                          
	Insert ";                                                                     
			(10) an officer or employee of a political                                
subdivision or public corporation, which officer or employee                   
practices architecture, engineering, or land surveying when                    
required by that person's official capacity or work duties                     
connected with that person's employment, if the political                      
subdivision or public corporation is not engaged in the business               
of offering architectural, engineering, or land surveying services             
to the public"                                                               
                                                                               
Senator Taylor moved for the adoption of Amendment No. 2.                      
Senator Leman objected.                                                        
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 320(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Frank, Halford, Jacko, Kelly, Kerttula,                 
Miller, Pearce, Rieger, Sharp, Taylor, Zharoff                                 
                                                                               
Nays:  Adams, Ellis, Leman, Lincoln, Little, Phillips, Salo                    
                                                                               
and so, Amendment No. 2 was adopted.                                           
                                                                               
Senator Rieger offered Amendment No. 3 :                                        
                                                                               
Page 3, line 29:                                                               
	Delete "or" [,]                                                           
	Insert  ","                                                                   
                                                                               

1994-04-29                     Senate Journal                      Page 4170
SB 320                                                                       
	Delete "[, OR LAND SURVEYING]                                                 
	Insert  ", or land surveying"                                                 
	                                                                              
Page 4, lines 2 & 3:                                                           
	Delete "the teaching of land surveying courses at an                        
institution of higher learning, or"                                          
                                                                               
Senator Rieger moved for the adoption of Amendment No. 3.                      
                                                                               
The question being: "Shall Amendment No. 3 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 320(FIN) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  10   NAYS:  9   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Kerttula, Miller, Phillips, Rieger,       
Sharp, Taylor                                                                  
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Leman, Lincoln, Little, Salo,             
Zharoff                                                                        
                                                                               
Absent:  Pearce                                                                
                                                                               
and so, Amendment No. 3 was adopted.                                           
                                                                               
Senator Rieger offered Amendment No. 4 :                                        
                                                                               
Page 1, line 4:                                                                
	Delete "deleting teachers of postsecondary land surveying                     
courses from a registration exemption"                                         
                                                                               
Senator Rieger moved and asked unanimous consent for the adoption              
of Amendment No. 4.  Without objection, Amendment No. 4 was                    
adopted.                                                                       
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 320(FIN) am be considered engrossed, advanced                  
to third reading and placed on final passage.  Without objection, it           
was so ordered.                                                                

1994-04-29                     Senate Journal                      Page 4171
SB 320                                                                       
CS FOR SENATE BILL NO. 320(FIN) am was read the third time.                    
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 320(FIN)                    
am "An Act relating to membership on the Board of Registration for             
Architects, Engineers, and Land Surveyors; relating to registration by         
the board; clarifying the meaning of practicing or offering to practice        
architecture, engineering, or land surveying; relating to registration         
of landscape architects; and amending the definition of `practice of           
land surveying'" pass the Senate?"  The roll was taken with the                
following result:                                                              
                                                                               
CSSB 320(FIN) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Kelly, Kerttula,                   
Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp                 
                                                                               
Nays:  Halford, Jacko, Leman, Taylor, Zharoff                                  
                                                                               
and so, CS FOR SENATE BILL NO. 320(FIN) am passed the                          
Senate.                                                                        
                                                                               
Senator Zharoff gave notice of reconsideration.