Legislature(1993 - 1994)
04/19/1994 05:40 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 305 LICENSING OF LANDSCAPE ARCHITECTS
Upon convening the meeting, Co-chairman Steve Frank directed
that SB 305 be brought on for discussion and noted
teleconference links to Anchorage, Fairbanks, and Homer.
Senator Kerttula advised that he did not wish to offer
Amendment No. 1 and asked that it be withdrawn. No
objection having been raised, IT WAS SO ORDERED.
SENATOR LITTLE, sponsor of the legislation, came before
committee. She referenced a draft CSSB 305 (8-LS1617\O,
Lauterbach, 4/7/94) and explained that landscape
architecture is the profession that provides designs for
outdoor spaces. Practitioners must be familiar with
building codes, local ordinances, and health and safety
regulations. They are accredited and must complete a four
to five-year educational process. Presently, anyone in
Alaska can call himself or herself a landscape architect
without any training and can compete with a professional.
The proposed legislation represents an Alaska hire bill.
Many contracts require "stamped" professional landscape
architects for outdoor work. Because Alaska has no license
requirements, residents who are knowledgeable about Arctic
conditions, local plant materials, etc., are eliminated from
ability to perform these types of tasks. The proposed bill
will allow knowledgeable residents to compete on those
contracts. Landscape architects are licensed in 44 other
states. Lack of a license procedure in Alaska results in
this work being performed by out-of-state landscape
architects rather than local residents.
While the legislation originally requested additional
members for the board, the present version retains the board
"at the same size and adds an additional non-voting
landscape architect on the board for one year to advise the
board on establishing regulations for the licensing." The
non-voting member is not reimbursed for per diem or travel.
Licensing will involve one test per year rather than the
standard two.
Senator Little next described the differences between the
"O" version work draft and CSSB 305 (L&C). She referenced
page 9, lines 20 - 24, and explained that subsection (c) was
added to ensure that landscape architects do not perform
architectural, engineering, or land survey work.
Definitions commence at page 12, line 17. Senator Little
noted addition of "incidental and necessary" to the
definition of the "practice of landscape architecture." She
told members that language at page 12 provides a clear
delineation of "what landscape architects would be able to
do under the licensure." Language at page 13, line 31,
clarifies when the first test will be given and further
defines how long a person may practice landscape
architecture without a license until the initial test.
Senator Kerttula asked if the legislation contains
grandfather provisions. Senator Little responded
negatively, but advised that the bill provides that persons
who are licensed in other states would continue to be
licensed in Alaska. Those who are not licensed anywhere
would need to take the national exam. Discussion followed
regarding grandfathering based on past performance of work
in a given field, regardless of educational background.
Senator Little explained that those seeking to become
landscape architects would pay an examination fee and an
annual registration fee when approved by the board for
licensure. Senator Kerttula expressed concern that
regulations might prevent those who have actively engaged in
the profession up to this time from practicing in the
future. Senator Little spoke to clear delineation between
landscape construction and landscape architecture, advising
that the difference is the same as a construction contractor
and an architect. Those involved in landscape construction
will not be impacted by the proposed bill. Senator Little
described the situation in California where those who do not
have licenses are designated landscape designers while
licensed individuals are landscape architects. Co-chair
Frank voiced his understanding that the proposed bill would
not prohibit an individual's ability to continue to practice
in the field. It merely restricts what "that person may
call themselves."
Senator Sharp referenced discussion in Senate Labor and
Commerce to the effect that many bids call for landscape
architects. Those individuals must be professionally
qualified, and that has necessitated use of out-of-state
persons. Senator Little concurred. She advised that
federal contracts require licensed professionals. Projects
often end up employing professionals from out of state who
know nothing about permafrost, Arctic plant materials, etc.
The public will be better served by utilizing knowledgeable
locals to perform this work.
In her concluding comments, Senator Little noted that all
costs of the legislation will be borne by practitioners.
There will be no cost to the state. The April 6, 1994,
fiscal note from the Dept. of Commerce and Economic
Development, accurately reflects the proposed work draft.
TELECONFERENCE
ROY HOYT, JR., spoke via teleconference from Homer, Alaska.
He inquired concerning the number of landscape architects
presently in Alaska. Senator Little responded, "There are
approximately 50 who are members of the American Society of
Landscape Architects." She noted it is costly to belong to
the society and voiced her expectation that additional
professionals, who are not members, also reside within the
state.
LINDA CRYA-KOORSGARD, Landscape Architect, spoke via
teleconference from Anchorage and offered to answer
questions concerning the bill. No questions were raised.
Senator Kelly attested to support for the bill by the Alaska
Chapter of the American Society of Landscape Architects.
Co-chair Frank queried members regarding disposition of the
bill. Senator Kelly MOVED for adoption of CSSB 305 (Fin)
("O" version). No objection having been raised, CSSB 305
(Fin) was ADOPTED. Co-chair Frank next MOVED that CSSB 305
(Fin) pass from committee with individual recommendations.
No objection having been raised, CSSB 305 (Fin) was REPORTED
OUT of committee with a fiscal note from the Dept. of
Commerce and Economic Development showing revenues of $17.3
and costs of $9.3. All members present signed the committee
report "no rec." (Senator Jacko was not in attendance and
did not sign.)
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