Legislature(2001 - 2002)
01/23/2001 01:30 PM Senate L&C
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SB 9-EXTENDED BOARD OF ARCHITECTS ETC
CHAIRMAN RANDY PHILLIPS called the Senate Labor & Commerce
Committee meeting to order at 1:30 p.m. and announced SB 9 to be up
for consideration.
SENATOR THERRIAULT, sponsor of SB 9, testified that it extends the
sunset date of the State Board of Registration for Architects,
Engineers, and Land Surveyors to 2005. In addition, the
legislature added a temporary board member a couple of years ago
for landscape architect and the bill proposes that position also be
extended. It also extends the funding for expenses of that member.
Senator Therriault said he has heard good comments about him and
there is support for continuing his position.
Currently, there is no requirement for continuing education for
architects, engineers, or land surveyors, Senator Therriault said,
and the Board is not ready to require it and suggested the
legislature consider permissive language. Some boards require
ongoing education in statute and some simply have permissive
language. He noted that a board has the discretion to require it.
There was a question about having a mining engineer as one of the
designated seats and he wanted that to be retained. Current
members have not had a problem finding a qualified individual to
fill that spot, he said. The Board dealt with the reciprocity
issue through adopting regulations.
Number 408
SENATOR LEMAN asked if he communicated with any of the professional
societies about their positions on continuing education.
SENATOR THERRIAULT replied that he had talked to some individuals
and the head of the current board and they are still split. He did
not contact the professional societies to hear their individual
positions.
SENATOR TORGERSON asked if the per diem the individual is paid
would be computed on the fees charged back to everyone else.
SENATOR THERRIAULT replied that was right. By state law they have
to be completely self-supporting.
SENATOR TORGERSON said he thought this board was usually extended
for five years and asked why it's only four now.
SENATOR THERRIAULT answered that the audit suggested 2005.
SENATOR LEMAN explained that when he and Senator Mackie were
chairmen of the committee, they had informally agreed to not extend
a board for more than four years.
SENATOR THERRIAULT said some people who wanted a long extension
approached him, but philosophically, he felt it gives power to
nonelected board members to regulate an industry and "The
legislature should be forced to come back almost more often to make
sure the power is not being abused."
SENATOR LEMAN commented that the committee is trying to be
consistent with all professional licensees.
SENATOR THERRIAULT said the auditors also look at the timing so
that not all of the reviews come at the same time, too.
Number 735
MR. JEFFREY WILSON, President, Alaska Professional Design Council,
supported continuing the Board for the proposed year 2005. All of
the items in the legislative audit had controversy - some to all of
the professions and some to just a few. He also said, "It is the
general consensus on continuing education that the professions are
moving in that direction. While the current board supports
continuing education, they do not support a mandatory program and
there remains member controversy regarding a mandatory program,
particularly regarding the implementation details." They think
this issue should be in separate legislation. He represents nine
different professions on this board and all of them have a
different position relating to continuing education. The
architects already have a required continuing education program for
membership in the AIA. Some states require it, but it's not
universal. Standards are moving towards that.
Number 962
Removing the mining seat from the Board is another controversial
issue, Mr. Wilson said, and should not be attached to the AELS
Board extension bill. "While common sense suggests that the board
should be proportional to its members, the objective would never be
perfect and the historical record and emotion makes it a difficult
political decision, at best. Contrary to the suggestions of the
audit findings and recommendations, we do not believe the landscape
architects are currently requesting a seat on the board, i.e.
replace the mining seat or as an additional seat. There is a
consensus that the landscape architecture temporary seat should be
extended for the three-year extension period and be included as an
amendment to the proposed bill" [language in HB 50].
MR. DWAYNE ADAMS, American Society of Landscape Architects[indisc.]
asked that the committee incorporate language from HB 50 into SB 9
with respect to the landscape architecture provisions. "First of
all, it's very important that the person who sits on the Board
representing landscape architecture be allowed in order to deal
with resolution of the gray areas."
Another provision in HB 50 is that this person be compensated
through per diem and travel expenses for the work that they do. No
other profession that is licensed in the state requires a nonprofit
association to reimburse a person for their travel. Landscape
architects pay fees for the other board members and if the
interests of all the professions are being protected by the person
on the board, those who are paying for licensure fees should
provide for that reimbursement.
The question was raised that the boards are held separate from the
nonprofit associations. The nonprofits do not pay, nor do they
interject politically, except through testimony into the goings on
of the board. Recognizing that separation, it seems appropriate
that it not be held to reimburse a person for travel expenses.
CHAIRMAN PHILLIPS asked if the fiscal note for the committee
substitute would be positive or negative.
SENATOR THERRIAULT anticipated that it would show no change unless
it would cover the per diem of one more person which would be a
small amount.
MS. CATHERINE REARDON, Director, Division of Occupational
Licensing, supported CSSB 9(L&C). She explained that the funding
source will be the new Receipts Supported Services Category (RSSC)
and reflects the fact that the expenses are covered by fee revenue.
She said that the sunset statute says "Boards shall not be
continued for more than four years unless the legislature decides
to continue them for longer." Since then, that has been considered
the standard amount. Legislative Audit recommended a longer
extension for a variety of boards several years ago and at that
time legislators' response was to stick with the standard four
years.
MS. REARDON said the fiscal note would be $2,500 - $3,000 for
payment of the landscape architect. She strongly supports covering
those expenses for the reasons Mr. Adams mentioned. She noted that
the fiscal note would be ready tomorrow.
MR. JAMES BIBB, President, American Institute of Architects for
Alaska, read the following statement:
In response to Alaska State Legislative Audit Committee's
recommendation number 3, AIA Alaska recommends that any
amended language addressing clarity of the statute
semantics be put aside in order to allow the sunset bill
to move forward.
Their concern is that any modification of the language that affects
the architects or licensing could limit or unfairly restrict the
opportunity for qualified architects to become professionally
licensed in Alaska. They would like to build consensus among the
architects in the state before putting words in statute.
MS. PAT DAVIDSON, Legislative Auditor, said their first
recommendation is that the legislature provide for continuing
education of architects, engineers, and land surveyors to get
parity among the professional boards. Most of them already have
that language in statute. Historically, the board has not accepted
that recommendation, but this year they have fewer objections to
it, she said.
MS. DAVIDSON said they looked at restructuring the membership on
the board, particularly requiring a mining engineer. They
recognize that it is an important profession in Alaska, but there
are limited numbers of professionals in that specialized arena.
The Board allows for an open seat of any engineer rather than delay
in filling that one seat. Additionally, landscape engineers were
coming onboard in basically a nonpaid position. The auditors took
no position on that directly. The third recommendation of
extending the Board was housekeeping and shouldn't stall the
legislation.
MR. JEFF WILSON supported Mr. Adams' testimony saying that funding
for the landscape architect to attend meetings is appropriate.
Number 1500
SENATOR LEMAN moved to adopt the committee substitute to SB 9,
Lauterbach 22- LS 0242\C. There were no objections and it was so
ordered.
SENATOR LEMAN stated for the record that this board regulates him.
SENATOR TORGERSON moved to pass CSSB 9 (L&C) from committee with
individual recommendations with the accompanying fiscal notes.
There were no objections and it was so ordered.
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