Legislature(2023 - 2024)BARNES 124
01/31/2024 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB159 | |
| HB100 | |
| HB254 | |
| HB273 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 89 | TELECONFERENCED | |
| *+ | HB 254 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 159 | TELECONFERENCED | |
| += | HB 100 | TELECONFERENCED | |
| + | SB 37 | TELECONFERENCED | |
| *+ | HB 273 | TELECONFERENCED | |
HB 159-REGISTER INTERIOR DESIGNERS
[Contains discussion of SB 73 AND SB 126.]
3:18:24 PM
CHAIR SUMNER announced that the first order of business would be
HOUSE BILL NO. 159, "An Act relating to registered interior
designers and interior design; establishing requirements for the
practice of registered interior design; renaming the State Board
of Registration for Architects, Engineers, and Land Surveyors
the State Board of Registration for Design Professionals;
relating to the State Board of Registration for Design
Professionals; relating to liens for labor or materials
furnished; relating to the procurement of interior design
services; and providing for an effective date."
3:18:34 PM
REPRESENTATIVE RUFFRIDGE moved to adopt the proposed committee
substitute (CS) for HB 159, Version 33-LS0745\S, Gunther,
1/25/24, as a working document.
3:18:48 PM
REPRESENTATIVE SUMNER objected for the purpose of discussion.
3:19:07 PM
SARENA HACKENMILLER, Staff, Representative Jesse Sumner, on
behalf of Representative Justin Ruffridge, prime sponsor of HB
159, gave the summary of changes within version S [included in
the committee packet], which read as follows [original
punctuation provided]:
Sections 1-2. No change.
Old Sections 3-4 deleted. Following sections
renumbered.
Sections 3-18 renumbered.
Old Section 19 deleted.
New Section 19 through 23 renumbered.
Section 24. Renumbered, adds "construction" as an
exempt activity under subsection 08.48.311(8).
Sections 25-26 renumbered.
Section 27. Renumbered, adds interior designer as a
professional service to the definition of
"registrant.
Section 28. Renumbered, updates subsection numbers
from 24 to 27, 25 to 28.
Sections 29-38 renumbered.
Section 39. Updates effective date to July 1, 2024.
3:21:54 PM
REPRESENTATIVE SADDLER asked whether there is a sectional
analysis.
MS. HACKENMILLER offered to follow up to provide the sectional
analysis.
3:22:27 PM
CHAIR SUMNER removed his objection. There being no further
objection, Version S was before the committee.
3:22:44 PM
CHAIR SUMNER opened public testimony on HB 159.
3:23:00 PM
CATHERINE FRITZ, Chair, Alaska Board of Registration for
Architects, Engineers, and Land Surveyors, shared that she is an
architect by profession and had submitted personal written
testimony but will be speaking on behalf of the Alaska Board of
Registration for Architects, Engineers, and Land Surveyors
(AELS). She relayed that the board took two actions during its
May 2023 meeting: recommended against adding interior design to
its responsibilities, and suggested amendments to SB 73. She
said that while SB 73 now differs from HB 159, many sections are
the same. She advised that passage of SB 126 had changed the
board make-up and solved an issue related to electrical and
mechanical engineer board seats. She talked about the Interior
Design Working Group, and said that, in spring of 2022, the
board requested that a working group of Alaska interior
designers and architects be formed to collaboratively study
interior design regulation and bring forth possible options.
She said she served as an architect on the working group, and in
February 2023, a special AELS board meeting was held to discuss
interior design regulation where three regulatory models were
offered: one, which is within HB 159 and SB 73; two, that
interior design be exempt from 0848, which would allow interior
designers to work independently while clarifying that they are
not practicing architecture; and three, to establish interior
designer in another section of occupational licensing statute.
3:26:37 PM
LARRY CASH, Architect, RIM Architects, said he is a licensed
architect and has worked in Alaska for 46 years. He explained
that the U.S. Department of Defense (DoD) and the U.S. Corps of
Engineers (CoE) now require that an interior designer provide
services on DoD and CoE projects, and in Alaska, they be a
registered interior designers. He said given the increasing
number of military projects in Alaska, and if this registration
is not available to Alaska citizens, the work will have to be
contracted to registered designers outside of Alaska.
Currently, Alaska architects hire interior designers who are not
registered and do not stamp the documents they prepare, but the
architect does, thereby putting all the professional liability
on the architect. He pointed out that credentialed Alaska
interior designers provide services that affect public health,
safety, and welfare; they want to have the option to become
registered professionals who are required to stamp, sign,
certify, and be legally accountable for their work. He said
that HB 159 accomplishes this, and enhances the safety of
buildings in Alaska, something he agrees with. He urged members
to pass HB 159.
3:28:41 PM
CHARLES BETTISWORTH, representing self, shared that he has been
a registered architect in the state for over 40 years. He
voiced his support for HB 159. He explained that, when an
architect hires an unregistered interior designer, the architect
assumes all liability for that designer's work.
3:30:13 PM
JASON GAMACHE, representing self, said he is a licensed
architect and business owner of an architecture firm in
Anchorage. He stated that he supports passage of HB 159, as it
is in the best interest of the design community and the people
they create the spaces for.
3:31:01 PM
JOHN WEIR, President/Principal Registered Architect, MCGA
Explorer Design, stated that he is in support of HB 159, and
said that DoD projects require registered interior designers.
3:31:47 PM
MATTHEW BARUSCH, Government Relations and Advocacy, Council for
Interior Design Qualification, said the council administers the
national certification exam that is required for licensure and
registration of interior designers in the U.S. and Canada; it
supports HB 159 for the same reason as it administers the test:
it helps protect public health, safety, and welfare through
oversight with qualified practitioners. He informed members
that they also submitted a joint statement from the four
national regulatory associations for design professions. He
urged members to support the bill.
3:32:58 PM
BRIAN MEISNER, representing self, said HB 159 is good and could
attract families to Alaska. He asked members to support the
bill.
3:33:30 PM
DANA NUNN, Chair, American Society of Interior Designers, Alaska
Chapter, said that HB 159 and SB 73 propose reasonable
regulation to protect public health, safety, and welfare by
establishing professional registration for interior designers.
She said the bill would allow those who have been educated on
codes, and have experience in state planning and design, pass
the three-part exam. She stressed that HB 159 does not
negatively impact architects, as they can continue to provide
interior design services.
3:35:06 PM
COLIN MAYNARD, Legislative Committee Chair, Alaska Professional
Design Council, shared that he is a retired state of Alaska
civil structural engineer, and has worked 42-years with
architects and interior designers. He said the tenet, that
licensure is for protecting public safety by verifying the
education and experience of applicants, was bolstered after his
8 years on licensing board for architects, engineers, and land
surveyors. He advised members that national registration
organizations place interior designers on the same plane as the
other design professions, as their work also affects public
health, safety, and welfare. He urged members to pass HB 159.
3:36:08 PM
BARBARA CASH, representing self, shared that she has been a
member of the joint ASIB and AIA working group and is an
interior designer. She urged members to support HB 159 because
ensuring interior design that affects public safety is regulated
through licensure is good for Alaska. She explained that the
bill would allow all designers to continue practicing as they
are, provided that services that affect public health, safety,
and welfare are done under direct supervision of a registered
architect or registered interior designer. She said the bill
saves costly additional oversight by architects, gives interior
designers responsibility for their own work, and ensures those
designers are qualified. She asked members to pass HB 159.
3:37:37 PM
HARLEY HIGHTOWER, representing self, shared that he is a retired
architect with 60 years of experience in Alaska. He recommended
that members pass HB 159.
3:38:45 PM
MARY KNOPF, representing self, said she is an interior designer
and member of the joint ASIB and AIA working group. She
stressed that, under HB 159, residential design would remain as
is in current statute; it would expand options for non-
registered designers to work throughout the state on non-
structural interior design projects, as they do currently,
through working with an architect or registered interior
designer.
3:39:42 PM
RITA TROMETTER, representing self, informed members that she
submitted testimony voicing opposition to HB 159.
3:40:22 PM
ELIZABETH JOHNSTON, representing self, informed members that she
is a registered professional electrical and fire protection
engineer and was appointed to the State Board of Registration
for Archetects, Engineers, and Marine Surveyors. She advised
that her testimony is her own and should not reflect a consensus
of the board. She asked members to pass HB 159. She explained
that the bill separates and dedicates the mechanical and
electrical engineer seats on the board, as a prior change to the
boards make-up clarified that a Mechanical and Electrical
Engineer can simultaneously serve on the board by using one of
the different open seats; the prior change did not create
separate seats[ for each distinct field of practice. She stated
that the technical knowledge on the board is relied on to
enforce responsible practice. She recommended two changes to
the bill: the scope of practice is too lengthy and should be
simplified to align with National Council for Interior Design
Qualification (NCIDQ) definition of practice; second, interior
designers should be excluded from provision for license by
comity, as there are not enough systems in place to compare
Alaska registers with those of another state. She stressed the
importance of interior designers.
3:42:27 PM
PAUL BARIL, representing self, shared that he is an AIA member
and registered architect in Alaska, as well as owner of Vision
Architecture. He said he is in opposition to HB 159, as the
legislation has unnecessary and confusing elements to it. He
shared that he is part of the ASIB working group, who has been
working with interior designers. He said the level of
registration and what designers would be allowed to do is what
is confusing to people. He added that, while they understand
that the designers want to be registered, it is possible, but
some changes need to be made to the bill.
3:44:01 PM
DAVID GAMEZ, representing self, said that he is a licensed civil
engineer in Anchorage, as well as president of the Alaska
Professional Design Council. He conveyed support of HB 159, as
interior designers shape interior spaces, which impacts life and
safety. He said licensure ensures that interior designers meet
education, experience, and examination standards. He said
passage of the bill grants qualified designers the autonomy to
practice their profession and stamp their own designs in the
state. He urged passage of HB 159.
3:45:06 PM
JASON FLOYD, representing self, shared that he has a freelance
design company that works in partnership with qualified
builders; everything his company does is submitted as conceptual
work. Further, their clients are informed that, before
performing a building project, they should first seek guidance
and a stamp from a qualified engineer or architect. He said the
bill is overreaching and would artificially restrict supply, as
many of their clients do not have access to high-quality
conceptual design services locally on the peninsula. He pointed
out that he has yet to see examples of health and safety crisis
in the state when it comes to interior design. He stressed
opposition to the bill as the language is too broad; while he is
not against licensure and testing, boards and commissions are
set up to protect the public, not necessarily to promote the
profession.
3:47:03 PM
CHAIR SUMNER, after ascertaining that there was no one further
wishing to testify, closed public testimony on HB 159.
3:47:17 PM
REPRESENTATIVE CARRICK sought confirmation from Ms. Fritz about
the AELS board being opposed to adding interior designer
registration to its list of responsibilities.
MS. FRITZ answered that's correct.
REPRESENTATIVE CARRICK asked why the board is opposed, since HB
159 is cost neutral.
MS. FRITZ responded that the objections come from the
appropriateness of interior design being on a board whose focus
is health, safety, and welfare.
REPRESENTATIVE CARRICK inquired as to whether interior design
registration duties should be assigned to different board.
MS. FRITZ answered that the board, in May, relayed that there is
a different way to regulate interior design, and that it isn't
the board's call to do that. She said HB 159 is not a bill the
AELS board came forward with or was consulted about. She said
the board entertained two alternatives: one was to add interior
design to the list of exemptions, so it is clear that designers
are not practicing architecture; second, was putting interior
designers in a different area of professional regulation. These
two alternatives were not acted on, however, as the board felt
it was not in their purview to do so.
3:51:54 PM
REPRESENTATIVE SADDLER noted the DoD requirement about DoD
projects requiring registered interior designers. He asked Ms.
Fritz what she knows about this requirement and whether it would
be a compelling reason to register interior designers or not.
MS. FRITZ answered that, speaking as an individual and not the
board, some federal agencies strongly suggest that there be
someone on the team who has NCIDQ certification; this is not
required, as all interior design firms do work on federal
projects now without being registered in Alaska. She added that
there are only two states that register interior designers.
3:54:08 PM
REPRESENTATIVE SADDLER, regarding military construction, said he
is unsure if Alaska construction has been inhibited by the
absence of interior designers. He pointed out that the bill
does not prohibit licensed professionals from practicing
interior design work. He asked about the overlap between
interior designers and architects.
MS. FRITZ answered that there has been no evidence of the need
of HB 159, and that the bill grew out of a group of people with
advanced education experience wanting to be recognized to work
in a realm that is similar to architecture in some ways. She
explained that the bill does not restrict architects or
engineers from what they already do; architecture is holistic,
and interiors are specific limited portions of the interior of a
building.
3:56:23 PM
CHAIR SUMNER noted that public testimony is still open.
3:56:40 PM
The committee took a brief at-ease.
3:57:26 PM
REPRESENTATIVE RUFFRIDGE moved to report CSHB 159, Version 33-
LS0745\S, Gunther, 1/25/24, out of committee with individual
recommendations and the accompanying fiscal notes, and to allow
Legislative Legal to make conforming changes.
3:57:48 PM
REPRESENTATIVE SADDLER objected for the purpose of discussion.
3:57:58 PM
REPRESENTATIVE CARRICK asked Chair Sumner about how the working
group came together during the interim.
CHAIR SUMNER deferred to his staff.
3:58:47 PM
MS. HACKENMILLER said the working group for HB 159 was organized
on the Senate side. She said the work group's findings are in
the most recent version of the bill.
REPRESENTATIVE CARRICK commented that she has heard from several
professionals about the value of HB 159. She asked how the bill
would work in practice. She said that, while she does not
intend to object to the bill today, she would like more
information and committee discussion.
4:00:31 PM
The committee took an at-ease from 4:00 p.m. to 4:02 p.m.
4:01:59 PM
REPRESENTATIVE PRAX said he wants to hear more about how the
AELS board works.
4:02:41 PM
SYLVAN ROBB, Director, Department of Commerce, Community and
Economic Development, Division of Corporations, Business and
Professional Licensing, asked that the question be re-stated.
REPRESENTATIVE PRAX asked about the concern that having two
interior designers would affect the AELS board's makeup.
MS. ROBB deferred questions about the board to its chair. She
noted that the AELS board is the largest board with 11 members.
REPRESENTATIVE PRAX said that, with such a large board, there
might be quorum issues. He asked whether boards of this size
are delayed due to lack of quorum.
MS. ROBB answered that they do meet quorum, but scheduling for
so many people is challenging.
4:05:02 PM
REPRESENTATIVE SADDLER stressed that HB 159 is complicated, and
in order to make a decision, one has to understand the interplay
of professional responsibilities. He said he'd like more time
to study the bill.
4:05:51 PM
REPRESENTATIVE RUFFRIDGE asked Ms. Fritz about new subsections
within the committee substitute on page 13, section 25, which
read:
The requirement to be registered as an interior
designer under this chapter only applies to a person
who practices an aspect of interior design that the
board has determined affects the public health,
safety, or welfare.
REPRESENTATIVE RUFFRIDGE questioned how an interior designer
affects public health, safety, or welfare.
MS. FRITZ answered that the board is concerned about that
section; it would leave the board to make the definition of
health, safety, and welfare through regulation. She added that
it affects how the board works, what its role is, and what it
does.
4:08:15 PM
A roll call vote was taken. Representatives Prax, Ruffridge,
Saddler, Wright, Carrick, Fields, and Chair Sumner voted in
favor of reporting HB 159, Version 33-LS0745\S, Gunther,
1/25/24, out of committee. Therefore, CSHB 159 (L&C) was
reported out of the House Labor and Commerce Standing Committee
by a vote of 7-0.