Legislature(2005 - 2006)HOUSE FINANCE 519
02/28/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| HB35 | |
| HB97 | |
| HB99 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 35 | |||
| * | HB 66 | ||
| * | HB 67 | ||
| HB 97 | |||
| HB 99 | |||
| = | HB 134 | ||
HOUSE BILL NO. 35
An Act extending the termination date of the State
Board of Registration for Architects, Engineers, and
Land Surveyors; and providing for an effective date.
REPRESENTATIVE VIC KOHRING, (TESTIFIED VIA TELECONFERENCE),
MAT-SU, stated that HB 35 would extend the termination date
for the Board of Registration for Architects, Engineers and
Land Surveyors (AELS) adding an additional five years. The
current termination date is June 30, 2005. If the
Legislature takes no action to extend the board, it would go
into a one-year phase out to conclude administrative
operations, followed by termination.
Representative Kohring pointed out that the board consists
of 11 members appointed by the Governor:
· Two civil engineers,
· Two land surveyors,
· One mining engineer,
· One electrical or mechanical engineer,
· One engineer from another branch of the profession
of engineering,
· Two architects,
· One landscape architect, and
· One public member.
Representative Kohring highlighted that the board's purpose
is to adopt regulations, oversee examinations, suspend,
revoke or refuse the issuance of new licenses, and issue
licenses to practice to architects, engineers, and land
surveyors who meet the standards of education and training
determined necessary by the board.
Representative Kohring pointed out that Legislative Audit
Division performed a November 1, 2004 board audit, as
required by statute and recommended that the board be
extended to June 30, 2009. The Division found the board to
be operating in the public interest by effectively
regulating individuals who hold themselves out to the public
as registered architects, engineers, land surveyors, and
landscape architects. Furthermore, the Division found that
the board demonstrated an ability to conduct business in a
satisfactory manner, has been effective in developing
regulations, has ensured that licensees are competent and
consistently practice within requirements and ethical
standards of their respective professions.
Representative Kohring pointed out that there are a couple
of amendments proposed by the organization, one of which
adds an additional member. He requested someone present
address those amendments.
SAM KITO III, CHAIR, LEGISLATIVE LIASION COMMITTEE, ALASKA
PROFESSIONAL DESIGN COUNCIL, stated that the Council fully
supports the legislation and the extension of the sunset for
the Board so that they can continue to meet professional
standards.
1:46:34 PM
Vice-Chair Stoltze remembered legislation in the late
1990's, which encouraged the addition of landscape
architects. He asked if an analysis had been done on the
benefits of adding that group.
Mr. Kito pointed out the basic benefit to date is limited as
there are only 30 licensed landscape architects statewide.
He noted that they perform duties separate from architects
or civil engineers. He added that the addition of the
landscape architects to the board would help by adding
another voting member, changing it from 10 to 11 members.
1:47:56 PM
In response to Vice-Chair Stoltze, Mr. Kito pointed out that
they do not have information available that identifies
projects they got with including the landscape architecture
license.
Representative Weyhrauch inquired about the audit report.
PAT DAVIDSON, DIRECTOR, LEGISLATIVE AUDITOR, LEGISLATIVE
AUDIT DIVISION, explained that an audit was conducted and
recommended that the date be extended to 2009. She noted,
based on the results of the audit on the Board of
Registration for Architects, Engineers, and Land Surveyors,
the Division recommends the termination date of June 30,
2005 be extended until June 30, 2009.
Ms. Davidson pointed out that during the last sunset review,
Division recommended that the Legislature modify statutes
allowing the Board to implement continuing professional
education requirements. While the Legislature made that
statutory change, the board has not implemented the
requirement. The Division recommends that either the board
implement a continuing professional education requirement or
the Legislature consider modifying the statutes from a
permissive program to a mandatory one.
Ms. Davidson continued, the second recommendation involves
the continuing evolution of the engineering profession.
Alaska recognizes the core disciplines of civil, chemical,
electrical and mechanical engineering as well as mining and
petroleum engineers. Other states have recognized other
specialties or sub-disciplines. In the report, the Division
recommended that the Board, in conjunction with the
professional society or the University of Alaska, conduct a
comprehensive study regarding the public benefits and
related costs associated with recognizing additional
engineering specialties in Alaska's licensing structure.
Ms. Davidson added that the Legislature should also consider
making the landscape architect a full voting member of the
board.
Representative Weyhrauch asked the importance of the
continuing education requirement for civil engineers and
architects.
Ms. Davidson stated that what the Audit Division looks at is
why should the State become involved with licensing of
professionals for public health, safety and welfare. No
matter the level of training, the same level of protection
is necessary. Although, not perfect, continuing education
is one of the main mechanisms used for maintaining
professional standards.
1:53:10 PM
Representative Holm commented on the landscape architect
process. Ms. Davidson explained that the division has not
done extensive work in regards to the landscape architects.
It has been a progression and those represented on the board
consist of all categories. Landscape architects have about
the same number of licensees and by statute, there must be a
member on that board.
Representative Holm voiced concern with the legislation. He
stated he has been a horticulturist in Alaska for the past
50-years. Alaska does not have an association of Alaskan
nurserymen. Because of that, there is not a "platform" from
which to build that a horticulturist can use. Those that
come from other parts of the world, bring information, which
often does not translate in Alaska. He cautioned that
landscaping in Alaska is peculiar. It is not like building,
given the particulars. There are no books that adequately
explain what types of foliage grow in which places in
Alaska.
Representative Holm stressed this is a major problem. Some
landscape architects specify products that will not grow in
Alaska. Because of that peculiarity, Representative Holm
suggested that they do not have a place on the board until
there is a horticultural set up that can address the State
by regions.
Co-Chair Meyer interjected that there was someone on line
who could testify regarding these concerns.
1:58:00 PM
Representative Croft inquired if all professions should be
moved to some sort of continuing education requirement. Ms.
Davidson stated that was not the intent. She indicated that
it is important to determine how the public is being served
and/or maintaining the quality of the profession.
Continuing professional education is a common way to lead
professionals into continued competency.
Representative Croft questioned if the Legislature should be
deciding that information for the professions. He asked if
it would be more appropriate to defer to the boards. Ms.
Davidson stated that is up to the Legislature.
2:00:38 PM
Representative Weyhrauch agreed that it is important. He
asked about legislative jurisdiction of overseeing of a
professional board. He pointed out that a member of the
public often hires professional expertise because of their
lack of knowledge about a situation. He wanted some degree
of comfort, knowing that there is a board that provides
oversight and a code of ethics for the oversight. He asked
for an update regarding what the board does to regulate
their own members.
Mr. Kito pointed out that last year, there had been
legislation that authorized the board to adopt regulations
in continuing education. That legislation came at the
urging of the surveyors. The architects are close behind
them recognizing the importance of continuing education.
The national scale has adopted continuing education
standards. He admitted that there are professions that are
not quite ready for the standard and listed various boards,
which have national standards.
2:04:51 PM
Representative Hawker asked if there was an amendment before
the Committee. Co-Chair Meyer responded there is no
amendment at this time.
TERRY SCHOENTHAL, (TESTIFIED VIA TELECONFERENCE), AMERICAN
SOCIEY OF LANDSCAPE ARCHITECTS, ANCHROAGE, commented on
testimony by Representative Holm, acknowledging the validity
of his points. Mr. Schoenthal highlighted areas which his
group operates, noting that they rely heavily upon State
nurseries and the University. He pointed out that the State
Board is fundamentally there for the purposes of health,
safety and welfare of the State's citizens. There is not a
planned laboratory for testing for Alaskan plants; however,
the reason for licensing is to deal with health and safety
concerns. There are issues associated with specific designs
such as advice on drainage and stone water management.
2:07:28 PM
Mr. Schoenthal pointed out other areas including highway
design. He stressed the importance of having the
understanding of plant materials and the impact they have on
the site distance. These are issues essential for the work
of the board members.
Mr. Schoenthal stated that the board constitutes about 30
licensed professionals statewide. He thought that the
numbers could double in the next decade. Like other
professionals on the board, it brings forward national
trends and changes, which influence how the requirements are
changed. He mentioned continuing education and offered to
answer questions of the Committee
2:09:27 PM
Representative Holm stated that he was not against landscape
architects, however, he pointed out how ill informed that
industry is. He stressed that the professionals coming from
schools in other states have information does not
"translate" well in Alaska. Representative Holm voiced
concern that a standard for competency would be put in
place.
Representative Holm mentioned an example of the depth of
topsoil necessary for lawns in various sections of Alaska.
He emphasized that if horticultural knowledge is not at
hand, it is difficult to implement specifications that make
sense.
2:12:00 PM
Mr. Schoenthal agreed in part with Representative Holm,
pointing out that there are issues with multiple conditions
statewide. He acknowledged that simple availability is also
a concern and stressed that the role of the board is more
related to the statewide health, welfare and risk factors
versus materials used in landscape design.
2:13:23 PM
Representative Holm acknowledged that competency is an
important reason to have a professional board.
Vice-Chair Stoltze remembered a time there was not a lot of
statewide regulatory function. He wanted "make certain"
that the decision for a board was headed in the right
direction. He noted constituent's complaints regarding
"things" that do not make sense.
2:16:31 PM
Co-Chair Meyer noted that the bill would be held in
Committee to address amendments.
HB 35 was HELD in Committee for further consideration.
2:17:21 PM
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