Legislature(2023 - 2024)BELTZ 105 (TSBldg)
04/12/2023 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB73 | |
| SB126 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 83 | TELECONFERENCED | |
| *+ | SB 126 | TELECONFERENCED | |
| += | SB 94 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 73 | TELECONFERENCED | |
SB 126-ARCHITECT/ENGINEER REGISTRATION BOARD
2:54:56 PM
CHAIR BJORKMAN reconvened the meeting and announced the
consideration of SENATE BILL NO. 126 "An Act relating to the
State Board of Registration for Architects, Engineers, and Land
Surveyors; relating to architects, engineers, land surveyors,
and landscape architects; and providing for an effective date."
CHAIR BJORKMAN announced that his staff will present the bill.
2:55:32 PM
LAURA ACHEE, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, introduced SB 126 on behalf of the
committee, reading from the following prepared statement:
[Original punctuation provided.]
SB 126 was introduced by the Senate Labor and Commerce
Committee at the request of the State Board of
Registration for Architects, Engineers, and Land
Surveyors.
For the most part, the changes in this bill modernize
and cleanup the Board's statutes. However there are
two sections that address vague language which have
been interpreted in a way that is not consistent with
best operation of the Board or of the regulated
professions.
MS. ACHEE deferred to Mr. Leman for an explanation of the two
material changes this bill makes to the board and the reason the
board wanted SB 126 to be introduced.
2:56:41 PM
LOREN LEMAN, Former Lieutenant Governor, Board Member, State
Board of Registration for Architects, Engineers, and Land
Surveyors (AELS), Anchorage, Alaska, presented the sponsor
statement and summarized the sectional analysis for SB 126. He
reviewed the following sponsor statement:
Senate Bill 126 is legislation requested by the State
Board of Registration for Architects, Engineers, and
Land Surveyors (AELS Board). In many respects it is
like a "Revisor's Bill."
One of its more substantive changes is to clarify that
an electrical and a mechanical engineer may serve on
the Board at the same time. This could be helpful as
these two disciplines of engineering have the second
and third most registrants in Alaska (civil
engineering has the largest number). The Board
believes this is what the Legislature intended when it
called out that one of the 11 seats must be filled by
a mechanical or electrical engineer and another seat
is to be filled by another discipline not already
represented. However, the Department of Law advises
that the current language may not allow this.
Clarifying this will reduce the potential for conflict
over eligibility to serve and may better serve the
professions.
Another change is to clarify that a registrant who
seals and signs a document must do the work or be in
responsible charge of it and the work must be in the
registrant's field of practice. An attorney in the
Department of Law recently opined that the way the
sentence is currently written could be interpreted as
"or," meaning either condition alone is sufficient.
This is not how the professions have long practiced
this, nor how regulations are written. So the Board
requests this clarification to reduce potential
conflict between statute and regulation, as well as
guard the professions.
The bill provides numerous updates to the statutes,
acknowledges that documents are now transmitted
electronically, and adds limited partnerships to the
corporate structures that can be issued certification
for professional practice.
MR. LEMAN summarized the sectional analysis that read as
follows:
[Original punctuation provided.]
SB 126 Ver. A: Architect/Engineer Registration Board
Sectional Analysis
Section 1: Amends AS 08.48.011(c) to clarify that an
electrical engineer and a mechanical engineer may
serve on the Board concurrently. This could help
better serve two of the largest disciplines of
engineering in Alaska.
Section 2: Amends AS 08.48.021(c) to lower from four
to two years the time that a person who has "termed
out" must wait before becoming eligible for
reappointment to the Board. This would be helpful in
filling vacancies that may be difficult to fill.
Section 3: Amends AS 08.48.055(a) to change the
statutory title of the main staff person who supports
the Board to Executive Administrator, an update to
modernize the title and more accurately reflect the
scope of duties.
Section 4: Amends AS 08.48.055(b) to change the
statutory title to Executive Administrator and adds
that the Board may delegate reviews and approvals of
comity applications. This delegation is already in
regulation for certain limited circumstances, and the
Department of Law has advised that the delegation
needs to be codified in statute.
Section 5: Amends AS 08.48.071(f) because the Board no
longer administers the exams. The testing function is
now performed by national professional testing
organizations at considerable cost savings to the
State.
Section 6: Amends AS 08.48.091 because the Board no
longer administers the exams.
Section 7: Amends AS 08.48.101(a) to add statutory
authority for the Board to provide guidance on
overlapping "border issues" or "gray areas" among the
design professions by regulation or policy. The Board
is already providing this guidance, this change
clarifies the authority in statute.
Section 8: Amends AS 08.48.111 to add limited
partnerships to entities that may be issued
certificates of authorization. The State of Alaska
issues business and professional licenses to limited
partnerships.
Section 9: Amends AS 08.48.121 to allow the
investigator to be able to dismiss a complaint without
having to come to the Board in certain cases.
Section 10: Amends AS 08.48.171 to delete statutory
language regarding applications for registration that
is better suited to and currently covered by
regulation.
Section 11- 13 Amend AS 08.48.191(a),(b) & (d) to
update language to provide better certainty regarding
when conditions for an application are met, and less a
process based on opinion when the Board registers
architects in Alaska.
Section 14: Amends AS 08.48.201(a) to allow the Board
to set in regulation specific requirements for forms,
statements, and references rather than in statute.
Section 15: Amends AS 08.48.211 to modernize statutes
and delete repetitive language. Certificates are now
issued electronically and the Board no longer places a
physical seal on hard copy certificates. Registrants
are advised they can print their own certificates from
an electronic file.
Section 16: Amends AS 08.48.215(a) to streamline the
language.
Section 17: Amends AS 48.08.221 to remove duplicative
language and allow the Board to provide requirements
for professional seals in regulation. Also responds to
a recent Department of Law opinion about potential
conflict between statute and regulation by clarifying
that work sealed and signed by a registrant must be
done by the registrant or under their responsible
charge and be in the registrant's field of practice.
Section 18: Amends AS 08.48.231(a) to add limited
partnerships and update the language to allow for
electronic transmission of documents.
Section 19 - 28: Amends AS 08.48.241(a) (h), AS
08.48.251, and AS 48.08.281(a) to add limited
partnerships.
Section 29: Amends AS 08.48.331(a) to add limited
partnerships and update the name for fire protection
systems to be consistent with industry.
Section 30: Amends AS 08.48.341(4) to add limited
partnerships.
Section 31: Amends AS 08.48.341(7) to make the
language consistent with industry practice.
Section 32: Amends AS 08.48.341(16) by revising the
definition of landscape architecture to be consistent
with the other professional definitions and reflect
language used within the profession to describe its
work.
Sections 33-36: Amends AS 08.48.341(17-19, 22) to
remove unnecessary language.
Section 37: Amends AS 08.48.341 to add new language
that provide a definition for "fire protection system"
that is consistent with the industry, and defines
"limited partnership" and "registrant" as they are
used in this section.
Section 38: Repeals AS 08.48.061, removing language
regarding travel expenses and appropriations that is
more appropriately covered elsewhere in Alaska
Statutes.
Section 39: Provides for an immediate effective date.
3:06:06 PM
CHAIR BJORKMAN opened public testimony on SB 126. Finding no
testifiers, he held SB 126 in committee with public testimony
open.