02/11/2014 01:30 PM Senate LABOR & COMMERCE

            HB 167-ARCHITECTS, ENGINEERS, SURVEYORS                                                                         
                                                                                                                                
1:31:53 PM                                                                                                                    
CHAIR  DUNLEAVY announced  the consideration  of HB  167. "An  Act                                                              
relating  to   the  regulation  of  architects,   engineers,  land                                                              
surveyors, and  landscape architects."  [CSHB 167(RLS)  was before                                                              
the committee.]                                                                                                                 
                                                                                                                                
ANNA  LATHAM, Staff,  Representative  Kurt  Olson,  sponsor of  HB
,  explained that  the bill  clarifies  statutory language  and                                                              
intends  to  prevent   the  misuse  of  professional   seals.  She                                                              
provided a sectional analysis.                                                                                                  
                                                                                                                                
Section 1  amends AS  08.48.221 and  requires registrants  to sign                                                              
the  seal  on  documents.  It deletes  language  that  allows  the                                                              
registrant to  certify on the face  of the document the  extent of                                                              
the registrant's responsibility.                                                                                                
                                                                                                                                
Section  2 adds a  new subsection  to AS  08.48.221 that  requires                                                            
documents containing  the work of  multiple fields of  practice to                                                              
be  sealed and  signed  by  a registrant  in  each  of the  fields                                                              
covered by the document.                                                                                                        
                                                                                                                                
Section   3  adds   "architect,  land   surveying,  or   landscape                                                              
architecture" to  this section wherever "engineering"  appears. It                                                              
adds  language   to  the  exceptions  regarding   revegetation  or                                                              
placement  of plant  material  to  require a  board  determination                                                              
that the  action does  not affect  the public  health, safety,  or                                                              
welfare.                                                                                                                        
                                                                                                                                
Section  4 adds  definitions  for  "design of  minor  importance,"                                                            
"shop drawing" and "field drawing."                                                                                             
                                                                                                                                
She pointed  out that  the proposed  changes were brought  forward                                                              
by  the Architects,  Engineers and  Land  Surveyors (AELS)  Board.                                                              
She  explained  that  one  of  the   purposes  of  a  professional                                                              
licensing  board is  to  take into  account  the  concerns of  its                                                              
licensees and  serve as a conduit  for bringing those  concerns to                                                              
the  attention of  the  legislature.  She highlighted  that  while                                                              
most registrants  work within  their field  of expertise,  current                                                              
statutes  allow a  crossover of  disciplines  and, therefore,  the                                                              
misuse of seals.                                                                                                                
                                                                                                                                
MS.  LATHAM  explained that  the  statute  was intended  to  allow                                                              
multiple engineering  disciplines to stamp a drawing  and indicate                                                              
the portion  for which  they were  responsible. However,  this has                                                              
been exploited  or misinterpreted  to allow  designers to  opt out                                                              
of taking  responsibility for large  portions of their  work. This                                                              
has  resulted in  building  code violations  that  are costly  and                                                              
time consuming  for  the board and  harmful to  public health  and                                                              
safety. She noted  that the AELS Board added 490  new licensees to                                                              
its oversight in  2012 and, with that increase,  it's an opportune                                                              
time to clean up the statutes.                                                                                                  
                                                                                                                                
1:35:00 PM                                                                                                                    
MS. LATHAM  said that  the only change  between the  original bill                                                              
and  the committee  substitute (CS)  is  found in  Section 3.  The                                                              
AELS Board  suggested on page 3,  line 14, changing  the exemption                                                              
from four  to three  residential units.  Contractors were  opposed                                                              
to this change  and the sponsor  decided to offer an  amendment to                                                              
revert  to  the  language  currently   in  statue.  Under  current                                                              
statute, an architect's  stamp is only required  on fiveplexes and                                                              
larger.                                                                                                                         
                                                                                                                                
1:37:12 PM                                                                                                                    
ERIC  ERICKSON,  Chair,  Architects,   Engineers,  Land  Surveyors                                                              
Board, introduced himself.                                                                                                      
                                                                                                                                
1:37:46 PM                                                                                                                    
DALE  NELSON,   Chair,  Liaison  Committee,   Alaska  Professional                                                              
Design  Council(APDC), Anchorage,  Alaska, stated  support for  HB
 on behalf of APDC.                                                                                                          
                                                                                                                                
1:38:12 PM                                                                                                                    
CHAIR DUNLEAVY opened public testimony.                                                                                         
                                                                                                                                
1:38:25 PM                                                                                                                    
HARLEY  HIGHTOWER, Architect,  Anchorage, Alaska,  said he  served                                                              
eight years  on the AELS Board,  seven of which were spent  on the                                                              
enforcement   investigative   committee.   He  stated   that   the                                                              
revisions in  HB 167 address  issues that were continually  before                                                              
the  committee.   Generally,  they  clarify  the   intent  of  the                                                              
statutes.                                                                                                                       
                                                                                                                                
1:39:39 PM                                                                                                                    
SARA CHAMBERS,  Administrative  Operations Manager,  Corporations,                                                              
Business  and  Professional  Licensing   Division,  Department  of                                                              
Commerce,  Community and  Economic Development  (DCCED), said  she                                                              
was available to answer questions.                                                                                              
                                                                                                                                
1:40:08 PM                                                                                                                    
CHAIR DUNLEAVY  stated that  he would  keep public testimony  open                                                              
and hold HB 167 in committee for further consideration.