Legislature(2025 - 2026)ADAMS 519
05/17/2025 10:00 AM House FINANCE
Audio | Topic |
---|---|
Adjourn | |
Start | |
HB104 | |
SB54 | |
SB137 | |
SB132 |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 54 | TELECONFERENCED | |
+ | SB 137 | TELECONFERENCED | |
+ | SB 132 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 104 | TELECONFERENCED | |
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 54(FIN) "An Act relating to registered interior designers and interior design; relating to project costs for the construction, enlargement, or improvement of airports; extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; relating to the State Board of Registration for Architects, Engineers, and Land Surveyors; establishing requirements for the practice of registered interior design; relating to the practice of architecture, engineering, land surveying, landscape architecture, and registered interior design; relating to the scope of the certification requirements for architects, engineers, land surveyors, landscape architects, and registered interior designers; relating to immunity for design professionals; relating to the cost of construction for recreation centers; relating to liens for labor or materials furnished; relating to the procurement of landscape architectural and interior design services; relating to the cost of construction of safe water and hygienic sewage disposal facilities in villages; and providing for an effective date." 4:34:02 PM SENATOR MATT CLAMAN, SPONSOR, introduced the bill with prepared remarks: Senate Bill 54 will extend the statutory authorization for the Board of Architects, Engineers, and Land Surveyors (AELS Board), add Registered Interior Designers to the board's jurisdiction, and make statutory changes requested by the board. This bill will allow the AELS Board to continue the important work of regulating design professionals in Alaska and add a qualified interior designer to the board. The 2024 Sunset Audit of the AELS Board concluded that the board served the public's interest and recommended that we extend it for eight years. In this bill, the AELS Board is taking the opportunity to update outdated language based on their analysis since the last sunset audit. SB 54 establishes the opportunity for qualified interior designers to register with the AELS Board. Those wishing to practice registered interior design in buildings of public occupancy within a regulated scope of services impacting public health, safety, or welfare will now have a pathway to registration. It will provide another measure of public safety protection and risk-mitigation for commercial buildings. And it will increase the number of design professionals able to work independently within the commercial real estate industry. The National Council of Interior Design Qualifications (NCIDQ) Exam is a three-part, 11-hour examination that was established to identify interior design professionals with the skills and experience to take on additional responsibility. This test is designed to assess the competency of candidates to protect the public through the practice of interior design, and covers subjects such as fire safety, ADA compliance, emergency egress, and material flammability. A candidate unable to prove their understanding of life safety, codes, and standards would be unlikely to pass the exam. The goal is not to measure Interior Designers by the standards used by architects. While there are shared skillsets between architects and interior designers, interior designers focus on a narrower scope of work. By comparison, there are different licensing requirements for nurse practitioners and doctors even though they sometimes perform many similar activities. Currently, there is no state licensing of the interior design profession in Alaska. One consequence of this licensing gap is that Registered Interior designers do not have access to a construction stamp that would allow them to submit their work for permitting. Passage of SB 54 will allow Alaska to join other forward-looking states in providing a construction document stamp to allow registered interior designers to submit their own work for permitting. SB 54 does not restrict the requirements or daily practice for any other professional in design or construction including architects, engineers, contractors, trades people, decorators, or residential designers. SB 54 is intended to be cost neutral to the State, as it is self-funded within the AELS Registration Board through application, registration, and renewal fees. As shown in the attached fiscal note, the passage of this bill would enable the AELS Registration Board to hire a much-needed additional Occupational Licensing Examiner and increase the salary of their Executive Administrator. We often talk about making Alaska open and ready for business. This bill turns those words into action and will make Alaska a better place to do business. Please join me in supporting SB 54. Co-Chair Foster OPENED public testimony. MARY KNOPF, SELF, ANCHORAGE (via teleconference), shared that she is a certified interior designer. She supported the bill. She stated that SB 54 would support the health, safety, and welfare of Alaskans in public buildings. The bill would enable Alaska businesses to compete on federal contracts, attract professionals to Alaska, and provide another option for consumers with projects in the commercial sector where there was a shortage of licensed professionals who could take a project from conception into permit and through construction. She asked the committee to pass the legislation. 4:39:46 PM BARBARA CASH, SELF, ANCHORAGE (via teleconference), shared that she is a certified interior designer. She strongly supported the legislation. She believed a failure to recognize the interior design profession would directly lead to loss of employment opportunities for interior designers, deter skilled designers from relocating to Alaska, and lose instate revenue to licensed outside contractors. She asked the committee to pass the legislation and thanked members for their hard work. Co-Chair Foster appreciated testifiers' willingness to hang in there and testify. He remarked that some individuals calling in to testify had joined as early as 9:30 a.m. 4:41:01 PM ELIZABETH JOHNSTON, SELF, FAIRBANKS (via teleconference), testified in favor of the bill. She shared that she is a registered electrical engineer and was the current president of the National Council of Examiners for Engineering and Surveying. She stated that interior designers were qualified by examination, experience, and education to perform the vital work. She supported the bill's separation of the mechanical and electrical engineering seats on the board. She had just been taken off the board and was replaced by the governor with a mechanical engineer; therefore, there was no longer the expertise to review applicants in the field of electrical engineering. There were more electrical engineers in Alaska than architects, and architects had two dedicated seats on the board. She encouraged passage of the bill in its current form. 4:42:28 PM LARRY CASH, SELF, ANCHORAGE (via teleconference), is an architect and strongly supported voluntary state registration for interior designers and permitting privileges for qualified interior designers as provided in SB 54. He urged the committee to pass the bill. He thanked the committee for its time and service to the state. 4:43:22 PM DANA NUNN, CHAIR, GOVERNMENT ADVOCACY COMMITTEE, AMERICAN SOCIETY OF INTERIOR DESIGNERS, ALASKA CHAPTER, ANCHORAGE (via teleconference), testified in favor of the current version of the bill. She stated the bill was reasonable regulation that represented nearly 10 years of collaboration. In addition to extending the AELS Board for another eight years and incorporating recommendations from the AELS Board, the bill included compromise language to move the needle forward substantively for interior designers practicing in Alaska, while heeding the concerns of related disciplines. She stated that the bill would improve public health, safety, and welfare, while establishing means for qualified interior designers to become registered and practice independently with stamp and seal privileges. She stated there had been whispers that another amendment may come forward that would strip interior design. She underscored that the organization was unequivocally opposed to that idea. She asked the committee to move the bill from committee. Co-Chair Foster noted there were two invited testifiers and the legislative auditor who would speak to the bill as well. Representative Bynum thanked Ms. Nunn for her testimony. He asked for clarity on an amendment she had referenced. Ms. Nunn replied that there was a rumor of a forthcoming amendment to SB 137 that would strip out the interior design language and limit action to the extension of the board. 4:46:30 PM Representative Allard believed only three other states had similar legislation pertaining to interior designers. She wondered why it was so important to include interior designers, aside from financial gain. She remarked that the bill did not define what interior designers were. Ms. Nunn responded that with the advancement of interior design regulation in Nebraska, there were currently 31 U.S. jurisdictions and eight Canadian providences that regulated interior design. She elaborated that 18 jurisdictions in the U.S. allowed qualified interior designers to practice independently with stamp and seal privileges. There were three states and two jurisdictions that would mandate regulation in order to practice. She shared that it was frustrating and limiting to be required to have an architect stamp the work an interior designer was qualified to do independently. For example, in 2015 she had been between firms and intended to open her own firm. Her specialty was in commercial and institutional work. She designed schools, hospitals, clinics within the corrections system, court houses, and more. The specialty meant it was not financially feasible to run her own firm and practice independently because by statute, all of those institutional clients had to hire a registered professional in order to use public dollars. She explained it meant she would have needed to hire an architect to do the work, or the school district or boroughs would go directly to an architect instead in order to eliminate the extra charge. She relayed that it would be beneficial for interior designers to have the freedom to practice in a firm or independently. 4:48:50 PM Representative Allard wanted to find out what work interior designers did that architects needed to sign off on. JOHN PEKAR, PRESIDENT, ALASKA PROFESSIONAL DESIGN COUNCIL (APDC), ANCHORAGE (via teleconference), shared that APDC represented 1,000 design professionals regulated by the Board of Architects, Engineers, and Land Surveyors. The group strongly supported the bill as written including the board recommended changes and creating registration for interior designers. He asked the committee to pass the bill. 4:50:07 PM JESSICA CEDERBERG, PAST PRESIDENT, AMERICAN INSTITUTE OF ARCHITECTS-ALASKA, ALASKA CHAPTER, ANCHORAGE (via teleconference), shared that the organization had worked with the bill sponsor to address a primary concern with previous interior design legislation. The organization appreciated that SB 54 was now offered as a title act with permitting privileges rather than a practice act. While the organization did not feel that any regulation for interior design was necessary, if the legislature chose to enact legislation establishing a title act, the organization could live with it. She elaborated that a title act was the essential condition for the organization to remain neutral on the bill. She countered a statement earlier in public testimony that interior designers were required to be registered to compete for federal contracts and that SB 54 would resolve a current practice of hiring non-Alaskan interior designers. She explained that state registration was one way to meet minimum federal qualifications. Another way was to hold NCIDQ registration, which was already held by many Alaskan interior designers. She noted that the statement did not impact the nature of the bill, but she wanted to correct the record. She thanked the committee. Representative Allard asked for a repeat of the information about the federal contracts. Ms. Cederberg answered that there seemed to be some misinformation about federal contracting requirements. She relayed there were two ways for interior designers to get federal work in Alaska. One was to hold NCIDQ certification. Representative Allard asked if it was the CIDANSID. Ms. Cederberg replied it was the NCIDQ certification. She relayed that she had sent the committee a written statement including a white paper (copy on file) the prior evening and it included a link to the information on the second page related to federal requirements for interior design to access federal contracts. Representative Allard asked if Ms. Cederberg had heard of the AIA-Alaska. Ms. Cederberg answered that she was representing the AIA- Alaska. 4:54:03 PM Representative Allard referenced a whitepaper she had received in February from AIA-Alaska. She read the first sentence from the whitepaper: "Competing for federal contracts does not require professional registration of interior designers." She asked if the statement was accurate. Ms. Cederberg answered affirmatively. She explained that interior designers could compete [for federal contracts] if they held an NCIDQ certification. She stated that the information showing federal work interior designers could be found online. Representative Allard was trying to compare the white paper to what Ms. Cederberg was saying and she thought the two things conflicted. Ms. Cederberg answered that it was not necessary to be a registered interior designer to do federal work. She explained that if an individual had the NCIDQ certificate they could do federal work without being registered. Representative Hannan asked for verification that AIA- Alaska had no opposition to the current version of the bill where interior designers would be under a title act. Ms. Cederberg agreed. Co-Chair Josephson referenced scope of practice and asked if was yet to be determined by the board. Senator Claman replied affirmatively. He explained that part of the process of making it a title act with permitting privileges as distinct from a practice act, left it to the board to define the scope of practice of what interior design could do for permitting privileges. He clarified that other states had done the same thing to give interior designers stamping authority. He elaborated that defining the scope of practice in statute would turn it into a practice act, which the architects were opposed to. He added that architects had long opposed a practice act but had agreed to a title act with permitting privileges. 4:57:10 PM Representative Allard asked if the sponsor thought interior designers may be getting pushback because they may be able to step out on their own and create competition. Senator Claman replied that the legislative history on the topic had been going on for some time. He explained that the earlier proposals were for a practice act, which brought on significant opposition from the architects. He shared that his mother had been an architect and it was common at the time and currently for there to be interior designers working in architecture offices. Senator Claman elaborated that in prior versions of the bill he had largely seen architects reluctant to let interior designers have any amount of permitting privileges and with limiting stamping privileges because architects did structural and weightbearing design involving engineers, while interior designers did not. The compromise had been made in the negotiations to make it a title act with permitting privileges and where the board would determine the scope of practice. Senator Claman had heard from contractors who recognized there were times in which, depending on the work being done on a commercial building, having an interior designer design and stamp the work (e.g., paint and what carpets to put in), resulted in a lower price. He explained that in the market competition, it gave the interior designers an ability within the more limited scope of practice to compete with architects for the same work. Currently, under Alaska law, if someone wanted to go to the permitting shop to get the paint and carpet stamped, an interior designer could not stamp the work. The bill would allow interior designers to open an independent shop. Unrelated to the legislation, the majority of interior designers in Alaska were not trying to do work in commercial buildings. He elaborated that interior designers in Alaska were largely doing home decoration, bathroom changes, kitchen remodels, which were not structural, and it was highly unlikely they would be registering to be a registered interior designer. Co-Chair Foster continued with public testimony. 5:01:07 PM BRIAN MEISNER, SELF, ANCHORAGE (via teleconference), shared that he is an architect in Anchorage and spoke in strong support of the bill. He strongly supported registration of interior designers. He asked the committee to pass the bill. 5:01:22 PM RAMONA SCHIMSCHEIMER, SELF, ANCHORAGE (via teleconference), shared that she is an architect in Anchorage and did not support the bill. She did not understand how the bill was being considered. She stated there was no public health and safety issue to be solved by the bill. She asked how the interior design portion of the bill could be implemented given the governor's recent freeze on developing new regulations. She thought the bill had become too complicated. She supported the AELS Board but did not believe interior design needed to be added to the board. She thought the interior design portion of the bill should be considered separately from the board extension. She thought the board extension should be straightforward. She asked the committee to amend the bill or hold it in committee until the state's financial conditions improved. 5:02:53 PM MELISSA TRIBYL, SELF, ANCHORAGE (via teleconference), testified in support of the legislation. She is an NCIDQ certified interior designer and local business owner of an architectural firm. She stated that the bill would offer more opportunities to the community and would encourage growth in the state. She implored the committee to continue its consideration of the bill and extend the AELS Board. She clarified that to be a designer of record (DOR) for a military project, an individual had to be a licensed professional. She explained that an individual had to be NCIDQ certified to do the job and if they wanted to be responsible for the work the DOR they had to be a licensed professional. Her firm had specifically gotten around the issue by being licensed in Texas. 5:05:43 PM KELSEY CONWAY, MEMBER, AMERICAN SOCIETY OF INTERIOR DESIGNERS, EAGLE RIVER (via teleconference), testified in support of the bill. She relayed that she is an Anchorage business owner and NCIDQ certified interior designer. She thanked the committee for its continued consideration and asked for the passage of the bill. 5:06:06 PM Co-Chair Foster CLOSED public testimony. Co-Chair Foster asked to hear the invited testimony. COLIN MAYNARD, CHAIR, BOARD OF ARCHITECTS, ENGINEERS, AND LAND SURVEYORS (via teleconference), shared that at the board's February 2025 meeting, the AELS Board voted 7/2 to support the bill and at its April meeting it voted 8/1 to support the amendments made in the Senate Finance Committee. He stated he would email his written testimony to the committee. He addressed the fiscal note cost and explained that most of the cost was based on the addition of a licensing examiner, which would expand the board's staff from three to four. He explained it was necessary due to the existing workload. The addition of interior designers would add about 1 percent to the number of registrants and the cost would be borne by the ~6,700 active registrants and 800 corporations and limited liability companies. He thanked the committee and urged passage of the bill. Co-Chair Foster asked to hear from the legislative auditor. KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF LEGISLATIVE AUDIT, relayed that members should have a copy of the audit on the AELS board in their bill packets (copy on file). She stated the audit was very clean, there were no recommendations for improvements, and an eight-year extension was recommended. Representative Galvin observed that the work would take two full-time licensing examiners. She asked if that was standard. Ms. Curtis deferred the question to the bill sponsor. She relayed that her review was limited to the extension of the board and did not include the addition of interior designers. 5:10:48 PM BRODIE ANDERSON, STAFF, REPRESENTATIVE NEAL FOSTER, reviewed the fiscal impact note from the Department of Commerce, Community and Economic Development (DCCED), OMB component 2360. The fiscal note reflected an FY 26 request of $101,700 in personal services, $9,100 for travel, $49,800 for services, $12,000 for commodities, for a total request of $172,600. The cost would come from receipt services (designated general funds) from fees collected by participating professionals. There would be one new employee added and a change in receipt authority adding additional fees collected. The department recognized it would require regulation changes. He noted that the board to be extended was already included in the FY 26 budget at a total of $169,000 in personal services, $57,700 in travel, $21,500 in services, and $2,000 in commodities, at a total operating cost of $251,000. The new position was one full-time licensing examiner. The FY 26 budget appropriated $169,800 for the continuation of the executive administrator position. There was an annual increase of $9,100. Currently the budget included $57,700 for annual travel for 11 board members and the new travel cost in the fiscal note would cover the two new board members. There were some one-time commodity costs for standing up the new portion of the board. He relayed that DCCED was available online for questions. 5:13:51 PM Representative Bynum disclosed that he is licensed electrical engineer and he paid fees for the board for relicensing. He did not believe it would impact his opinion on the bill because his work had nothing to do with architects and/or interior designers. He remarked that the bill added personnel to administer the new licensing process. He did not see how many new registrants the state expected to see come into the program. Senator Claman replied that the need for the additional examiner was not related to adding interior designers to the group registered. He explained that the one examiner was not enough to do the current work. He detailed that adding an additional examiner was to address the existing workload. Testimony indicated that the number of people who would likely register as an interior designer was in the range of 40 to 70. 5:15:52 PM Representative Bynum thought the current fiscal note was to cover existing workload and not the addition of a new licensing class. He wondered why the department gave a fiscal note for an existing need as opposed to a fiscal note specifically tied to the impact of the passage of the bill. He wondered if there would be a problem in the long term executing the mission of the board without the positions specifically related to the interior designers. Senator Claman deferred the question to the department. He had always understood that part of the bill was adding the additional examiner. The bill specifically added the additional examiner into the list of employees. Representative Bynum was asking because if they were covering between 40 and 70 people and the fiscal note showed a cost of $389,000 continuing into the future, it was a pretty big cost for the system as a whole and new registrants would not be able to cover the additional cost. He thought the fiscal note was indicating $389,000 was directly associated with adding the new classification. He was trying to get a better understanding of how people paying into get registered for other classifications would potentially be picking up the cost of adding the new class [of interior designers]. 5:18:31 PM Mr. Anderson replied that the only new additional cost for FY 26 was the $172,600. The AELS was already funded at a level of $251,000. He explained that if the bill passed, the new cost of the board would be $388,800 going forward. the new position was only encapsulated in the FY 26 request. Representative Bynum asked for verification that the full burden of the $172,000 was not just for the 40 to 70 people and it reflected the additional need for the board as a whole. He asked if his understanding was accurate. Mr. Anderson replied that it was his understanding. He deferred to the department for additional detail. SYLVAN ROBB, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT (via teleconference), asked for a repeat of the question. Representative Bynum explained that he was trying to get a better idea if the $172,000 cost was directly related to managing the 40 to 70 new licensees or if it was also associated with taking the burden off the board for ongoing needs. 5:20:52 PM Ms. Robb responded that a number of things contributed to the increase of $173,000. The majority of the increase was for a licensing examiner 2 that would handle the registration of the interior designers. She noted that while 70 individuals covered by a board with over 7,000 licensees was not a huge number, it still represented more work than existing staff had the ability to absorb. There had been growth in the number of licensees in the past several years and the department was hitting the ceiling on what it could absorb. The remainder of the new cost was comprised of the addition of several more board members, travel to board meetings for the individuals, and a salary in statute for the executive administrator that was higher than the current salary, which would increase the board's cost by $48,000. Co-Chair Josephson stated that the fiscal note suggested $101,700 was dedicated to the interior design registrants. He asked for verification it also included other duties as assigned. Ms. Robb responded affirmatively. She confirmed that the work was not apportioned out by license type because it would not be efficient. She explained that it was the overall body of work that would be expanded by the registration of interior designers. She elaborated that after absorbing additional registrants for many years, the department no longer had the capacity to do so without additional staff in order to meet the needs of licensees. 5:23:37 PM Representative Bynum asked how many current licensees the board currently oversaw. Ms. Robb answered that there were 7,803 licensees in FY 24, which was an increase of almost 400 from the prior year. Representative Bynum asked if the current cost of the board was $251,000. Ms. Robb replied that the current cost to run the program inclusive of all of the costs to register the professions covered by the board averaged about $600,000 per year. Representative Bynum asked for a repeat of the last portion of her statement. Ms. Robb complied. Co-Chair Foster set an amendment deadline the following day at 5:00 p.m. Representative Stapp stated they heard the bill numerous times the previous year. He MOVED to REPORT CSSSSB 54(FIN) out of committee with individual recommendations and the accompanying fiscal note. Representative Johnson OBJECTED. A roll call vote was taken on the motion. IN FAVOR: Bynum, Galvin, Representative Tomaszewski, Hannan, Stapp, Jimmie, Allard, Josephson, Schrage, Foster OPPOSED: Johnson The MOTION PASSED (10/1). There being NO further OBJECTION, it was so ordered. CCSSSB 54(FIN) was REPORTED out of committee with six "do pass" recommendations and five "no recommendation" recommendations and with one previously published fiscal impact note: FN2 (CED). Senator Claman thanked the committee.