02/11/2013 03:15 PM House LABOR & COMMERCE

          HB 5-BD OF ARCHITECTS, ENGINEERS, SURVEYORS                                                                       
                                                                                                                                
3:18:22 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE BILL NO.  5, "An Act relating to the  Board of Registration                                                               
for  Architects,  Engineers,  and   Land  Surveyors  and  to  the                                                               
Department of Commerce, Community, and Economic Development."                                                                   
                                                                                                                                
3:18:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STEVE  THOMPSON, Alaska State  Legislature, stated                                                               
that this  bill would  add a  dedicated investigator  position to                                                               
help  ensure  health,  safety,  and welfare  of  Alaskans.    The                                                               
position is  fully funded by the  licensing fees of the  Board of                                                               
Architects, Engineers, and Land  Surveyors (AELS).  Additionally,                                                               
the  bill  would update  the  examination  formats to  allow  for                                                               
electronic   examinations,  rather   than  just   written  exams.                                                               
Presently  the AELS  board shares  one investigator  position who                                                               
also serves six other boards.   Thus the investigator works part-                                                               
time for  the AELS board.   Last year the board  added the number                                                               
of engineering branches from 6  to 15 branches, and increased the                                                               
number of  licensees to a  total of 6,439 licensees;  however the                                                               
amount of  the time has  not increased.   In conclusion,  he said                                                               
hiring a  full-time investigator  can help  ensure the  board can                                                               
continue  to  protect  the  state from  risk  hazards  in  public                                                               
health, safety, and welfare.                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON said  the change  in statute  would help                                                               
the board  to maintain proper  oversight of licensees  and ensure                                                               
compliance with state  statutes and regulations.   He pointed out                                                               
the   position  is   fully  funded   by  licensees   through  the                                                               
professionals' biennial license fees and  would have no impact on                                                               
the general fund.                                                                                                               
                                                                                                                                
3:20:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT asked about the fiscal note.                                                                             
                                                                                                                                
REPRESENTATIVE  THOMPSON answered  that  the  position is  funded                                                               
with program receipts at $115.5 thousand  per year.  He said that                                                               
the AELS professionals' biennial  licensing fees will increase in                                                               
December 2013 to cover the expense.                                                                                             
                                                                                                                                
3:21:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON understood  the executive secretary must                                                               
insulate him  or herself from  the board.   He asked  whether the                                                               
investigator position  would be insulated  from the board  so the                                                               
board is neutral.                                                                                                               
                                                                                                                                
REPRESENTATIVE THOMPSON said he was unsure.                                                                                     
                                                                                                                                
3:22:25 PM                                                                                                                    
                                                                                                                                
DON HABEGER,  Director, Division  of Corporations,  Business, and                                                               
Professional   Licensing   (DCBPL),   Department   of   Commerce,                                                               
Community,  & Economic  Development  (DCCED), answered  yes.   He                                                               
said the board  must sit in judgment on  investigative matters so                                                               
the investigator  can report some  information to the  board, but                                                               
cannot provide any details that would taint the case.                                                                           
                                                                                                                                
3:23:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER   asked   whether  other   boards   have                                                               
designated investigators.                                                                                                       
                                                                                                                                
MR. HABEGER  said this would  be the third.   He stated  that the                                                               
Alaska  Medical  Board   was  the  first  to   have  a  dedicated                                                               
investigator.                                                                                                                   
                                                                                                                                
3:24:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  asked  whether  the  Alcoholic  Beverage                                                               
Control Board (ABC Board) also had an investigator.                                                                             
                                                                                                                                
MR.  HABEGER  said  the  ABC  Board  is  not  under  the  DCCED's                                                               
jurisdiction so he was unsure.                                                                                                  
                                                                                                                                
3:24:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  whether any  state statutes  apply                                                               
generally to professional boards.                                                                                               
                                                                                                                                
MR. HABEGER recalled the centralized  licensing statutes give the                                                               
division  general authority  for investigations,  but he  did not                                                               
recall the specific cite.                                                                                                       
                                                                                                                                
3:25:32 PM                                                                                                                    
                                                                                                                                
COLIN  MAYNARD,  Civil  Engineer; Member,  Board  of  Architects,                                                               
Engineers, and Land  Surveyors (AELS), stated he  is a structural                                                               
engineer  and  serves on  the  AELS  board.    He said  the  AELS                                                               
historically has  had 2.5 investigator  positions, but  over time                                                               
the  positions were  reduced to  the current  single investigator                                                               
shared with  six other  boards.   The investigator  currently has                                                               
significant  work  just  from  the   AELS  board.    So  far  the                                                               
investigator  opened  13  new  cases  in  the  last  quarter  and                                                               
currently  has 22  open cases.    Additionally, the  investigator                                                               
closed 30  cases in  the past  three months.   Further,  the AELS                                                               
board  added nine  new engineering  disciplines in  March.   As a                                                               
result  this  will  add  to  the  investigator's  work  load,  in                                                               
particular, since an  influx of out of  state design professional                                                               
licensees are applying for licensure  in Alaska.  He reported the                                                               
investigator  must   become  familiar   with  all   standards  of                                                               
practice,   statutes  and   regulations   for  each   profession,                                                               
including  architects, engineers,  land surveyors,  and landscape                                                               
architects.   Since the investigator  is shared by  other boards,                                                               
he has  had limited time  for onsite inspections  at construction                                                               
sites  to  ensure that  the  appropriate  design professional  is                                                               
involved.   The AELS board  has also observed  increased activity                                                               
due to the economy  in the Lower 48.  He  offered his belief that                                                               
having a  dedicated position would  have a positive  influence on                                                               
investigators and  provide for quicker  resolution of cases.   He                                                               
recalled three  cases are still  pending from 2009,  although two                                                               
are currently in  the attorney general's office.   Currently, the                                                               
investigator has been limited to  conducting enforcement in urban                                                               
areas.   Thus, this  bill could help  by providing  the mechanism                                                               
for  statewide  licensing  enforcement  to  determine  unlicensed                                                               
activities.   The  fees will  be  paid for  by licensees  through                                                               
biennial license  fees.  Another  section of the bill  relates to                                                               
computer-based  testing   for  engineering  licensing   exams  by                                                               
removing "written" from the statutes.   The engineering computer-                                                               
based tests will go into effect  in January 2014.  The architects                                                               
have had  computer-based testing for  a number of years  and this                                                               
will bring the engineers up to par, she said.                                                                                   
                                                                                                                                
3:29:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked  for the cost per  licensee to cover                                                               
the dedicated investigator.                                                                                                     
                                                                                                                                
MR. MAYNARD suggested it would cost  an estimated $15 per year or                                                               
$30 per biennium per licensee.                                                                                                  
                                                                                                                                
3:29:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  said he was impressed  by the proactive                                                               
actions by  the AELS board to  identify the need and  pay for the                                                               
cost of the investigator through professional licensing fees.                                                                   
                                                                                                                                
3:30:39 PM                                                                                                                    
                                                                                                                                
DALE NELSON,  Civil Engineer; Chair, Legislative  liaison, Alaska                                                               
Professional  Design Council  (APDC), stated  he falls  under the                                                               
regulations  of the  AELS board  since he  is a  registered civil                                                               
engineer.     He  reported  the   APDC  represents   nine  design                                                               
professional  organizations, consisting  of  5,000  members.   He                                                               
said  the APDC  has been  following the  investigator issue,  the                                                               
APDC  legislative   committee  has  discussed  the   need  for  a                                                               
dedicated full-time  investigator for  the AELS  professions, and                                                               
has raised the issue in its  newsletter to members.  Thus far the                                                               
APDC has  not received  any negative  comments from  its members.                                                               
He  acknowledged  the   AELS  licensees  will  be   pay  for  the                                                               
additional costs of the dedicated  investigator.  He related that                                                               
design  professionals sign  a document  that they  are practicing                                                               
for the health, safety, and welfare  of the public.  He concluded                                                               
with APDC's support for HB 5.                                                                                                   
                                                                                                                                
3:33:10 PM                                                                                                                    
                                                                                                                                
JANET  MATHESON,  Architect,  American Institute  of  Architects,                                                               
Alaska  Chapter  (AIA-AK);  Member,  Alaska  Professional  Design                                                               
Council  (APDC),   stated  she   is  a   registered  professional                                                               
architect and has  been practicing in Fairbanks since  1977.  She                                                               
related she  is speaking for  200 design professional  members in                                                               
the AIA  who favor the investigator  position in HB 5.   She said                                                               
problems  exist,  including  problems  with  comity  licensure  -                                                               
architects coming  in from the Lower  48 to work in  Alaska - and                                                               
with design overlap between  professions related to miscellaneous                                                               
services.   In some instances,  design professionals  may perform                                                               
more    work    than    constitutes    miscellaneous    services.                                                               
Additionally, problems exist in terms  of public safety since the                                                               
design   professionals   are   responsible  from   an   insurance                                                               
perspective   for  all   work  done   on  a   project,  including                                                               
engineering.  Further,  the state has issues with  Lower 48 firms                                                               
who employ architects not licensed  in Alaska to work on projects                                                               
located in Alaska.                                                                                                              
                                                                                                                                
MS.  MATHESON said  the AIA-AK  and APDC  would like  a full-time                                                               
dedicated investigator  position since the  existing investigator                                                               
services  represents one-sixth  coverage for  design professional                                                               
services provided  under the AELS  board.  As  previously stated,                                                               
the current  investigator can only  concentrate on  the Anchorage                                                               
bowl area, yet the northern,  northeast, southwest, and southeast                                                               
parts of  the state also  have substantial  construction projects                                                               
that could  benefit from the  investigator's services.   Finally,                                                               
the full-time  dedicated investigator position will  be funded by                                                               
fees and  not from  the general  fund.   She reiterated  the exam                                                               
portion  of the  bill  will  brings engineers  up  to date  since                                                               
architectural examinations are  totally electronic computer-based                                                               
examinations.   She  said she  would appreciate  consideration of                                                               
HB 5.                                                                                                                           
                                                                                                                                
3:35:26 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 5.                                                                                       
                                                                                                                                
3:35:47 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  remarked the  investigator position  is paid  for by                                                               
design professionals requesting the bill.                                                                                       
                                                                                                                                
3:36:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  moved to  report HB  5 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
note.   There  being no  objection, HB  5 was  reported from  the                                                               
House Labor and Commerce Standing Committee.                                                                                    
                                                                                                                                
The committee took an at-ease from 3:36 p.m. to 3:38 p.m.