Legislature(2005 - 2006)HOUSE FINANCE 519

03/01/2005 01:30 PM House FINANCE


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01:39:01 PM Start
01:39:24 PM HB35
03:19:33 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Overview: Amerada Hess/AK Capital Corp.
Bills Previously Heard/Scheduled
= HB 35 EXTEND BD ARCHITECTS/ENGINEERS/SURVEYORS
Moved CSHB 35(FIN) Out of Committee
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."                                                                      
                                                                                                                                
[House Bill 35 was previously heard on February 28, 2005.]                                                                      
                                                                                                                                
Representative  Vic Kohring asked  the committee  to consider                                                                   
Amendment  1  after  hearing testimony  from  people  in  the                                                                   
industry.    He  explained  that  the  amendment  allows  the                                                                   
eleventh  member  of  the State  Board  of  Registration  for                                                                   
Architects, Engineers, and Land Surveyors to vote.                                                                              
                                                                                                                                
Representative Hawker MOVED to ADOPT Amendment 1, labeled                                                                       
24-LS0273\A.1, Bannister, 2/28/05, as follows:                                                                                  
                                                                                                                                
     Page 1, line 2, following "Surveyors;":                                                                                    
     Insert "relating  to the  membership of the  State Board                                                                   
     of  Registration  for Architects,  Engineers,  and  Land                                                                   
     Surveyors;"                                                                                                                
                                                                                                                                
     Page 1, following line 6:                                                                                                  
     Insert new bill sections to read:                                                                                          
    "* Sec. 2.  AS 08.48.011(b) is amended to read:                                                                             
          (b)  The board consists of 11 [10] members                                                                          
     appointed by  the governor having the  qualifications as                                                                   
     set out in AS 08.48.031. The board consists of                                                                             
               (1)  two civil engineers;                                                                                    
               (2)  [,] two land surveyors;                                                                                 
               (3)  [,] one mining engineer;                                                                                
                    (4)  [,] one electrical or mechanical                                                                     
                    engineer;                                                                                                 
               (5)  [,] one engineer from another branch of                                                                   
               the profession of engineering;                                                                                 
               (6)  [,] two architects;                                                                                     
               (7)  one landscape architect; [,] and                                                                          
               (8)  one public member.                                                                                        
     * Sec. 3.  The uncodified  law of the State of Alaska is                                                                   
     amended by adding a new section to read:                                                                                   
     APPOINTMENT  OF NEW  BOARD MEMBER.   (a)   On or  before                                                                   
     September 1,  2005,  the governor  shall  appoint a  new                                                                   
     member   to  the   State  Board   of  Registration   for                                                                   
     Architects,  Engineers, and  Land  Surveyors to  satisfy                                                                   
     the requirement  of AS 08.48.011(b), as amended  by sec.                                                                   
     2 of  this Act.  The  member shall be an  individual who                                                                   
     is registered  under AS 08.48 to engage  in the practice                                                                   
     of   landscape  architecture   and   who  is   otherwise                                                                   
     qualified  under  AS 08.48.031 to  be  a  member of  the                                                                   
     State Board of Registration for Architects, Engineers,                                                                     
     and Land Surveyors.                                                                                                        
     (b)  The term of the member appointed under (a) of this                                                                    
     section is four years from the date of appointment."                                                                       
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
Representative Holm OBJECTED.                                                                                                   
                                                                                                                                
SAM   KITO,   III,   CHAIR,   LEGISLATIVE   LIAISON,   ALASKA                                                                   
PROFESSIONAL DESIGN  COUNCIL, spoke in favor  of Amendment 1.                                                                   
He indicated  that  he was speaking  on behalf  of the  State                                                                   
Board  of Registration  for Architects,  Engineers, and  Land                                                                   
Surveyors.   He stated support  for converting  the temporary                                                                   
landscape  architect   position  to   that  of  a   permanent                                                                   
position,  a  recommendation   of  a  legislative  audit.  He                                                                   
explained  that allowing  the eleventh  member to vote  would                                                                   
create an odd number and avoid ties.                                                                                            
                                                                                                                                
1:43:31 PM                                                                                                                    
                                                                                                                                
Representative Holm pointed out  the difficulty of certifying                                                                   
landscape  architects in  Alaska.  He  explained the  various                                                                   
growing  zones  in  the  state  and  lack  of  resources  for                                                                   
training.  He said  he is objecting to the idea  of licensing                                                                   
someone  who would not  be knowledgeable  because they  don't                                                                   
have an  opportunity to get  adequate training.   He recalled                                                                   
when there were no landscape architects in Alaska.                                                                              
                                                                                                                                
Mr.  Kito acknowledged  that Representative  Holm has  raised                                                                   
valid points.   He  explained the  licensing procedure  for a                                                                   
landscape architecture.  Representative  Holm maintained that                                                                   
there is no  licensing procedure and he termed  the licensing                                                                   
procedure inappropriate.  He related  that the Association of                                                                   
American Nurserymen  has no  standards regarding  Alaska, and                                                                   
Alaska is  not at a  point to have  experts in this  area. He                                                                   
questioned the  validity of  requiring a landscape  architect                                                                   
to act  as an  expert and  superimpose landscape  information                                                                   
over projects throughout the state.                                                                                             
                                                                                                                                
Mr. Kito,  speaking as a  civil engineer, related  that there                                                                   
are   manuals,   books,  and   guidelines   with   applicable                                                                   
information.  Selection  of specific materials is  left up to                                                                   
"knowledge  at  the  local  area".   He  opined  that  design                                                                   
professionals would  make a point  of knowing  conditions and                                                                   
specifics in various areas.                                                                                                     
                                                                                                                                
Co-Chair Meyer  inquired if the audit report  recommended the                                                                   
addition of a landscape architect position.                                                                                     
                                                                                                                                
PAT DAVIDSON, LEGISLATIVE AUDITOR,  AUDIT DIVISION, responded                                                                   
that  is   correct.    She   explained  that  a   variety  of                                                                   
occupations  are licensed  under  the board  and therefore  a                                                                   
variety  of  occupations  are needed  on  the  board.   As  a                                                                   
growing  and  developing occupation,  a  landscape  architect                                                                   
should be on board to deal with  related and emerging issues.                                                                   
                                                                                                                                
1:52:41 PM                                                                                                                    
                                                                                                                                
Representative  Hawker  inquired  why Alaska  recognizes  the                                                                   
occupation of landscape  architect.  Mr. Kito said  it is his                                                                   
understanding that  there are some benefits to  having such a                                                                   
person  on  board  when  an  Alaskan  firm  bids  on  federal                                                                   
projects  such as  playgrounds.   Most  landscape  architects                                                                   
spend a  lot of  time working  on school playground  projects                                                                   
and other projects  that receive the benefit  of having their                                                                   
expertise.                                                                                                                      
                                                                                                                                
Representative  Hawker asked  how  many landscape  architects                                                                   
there are in Alaska.  Mr. Kito  replied there are 33 licensed                                                                   
landscape architects.   Representative Hawker  indicated that                                                                   
that is  a relatively  small number.   He  wondered if  it is                                                                   
premature to give  that occupation a seat on the  board.  Mr.                                                                   
Kito noted that  there are 1,000 licensed civil  engineers in                                                                   
the  state and  33 licensed  mining  engineers.   All of  the                                                                   
related architecture occupations  have a member on the board.                                                                   
He  explained  that if  there  were  not a  voting  landscape                                                                   
architect  on the  board, there  would be  no one  to have  a                                                                   
voice regarding that occupation's regulations and statutes.                                                                     
                                                                                                                                
Representative  Hawker  asked   if  the  concerns  raised  by                                                                   
Representative  Holm  would  be  an issue  or  an  unintended                                                                   
consequence to the  nurserymen in the state  if the amendment                                                                   
passes.  Mr.  Kito replied that  he does not believe  so.  He                                                                   
concluded that it  would be an opportunity for  the landscape                                                                   
architect  position to  work with  the  other disciplines  to                                                                   
formulate  guidelines for the  practice and  responsibilities                                                                   
of landscape architecture.                                                                                                      
                                                                                                                                
1:57:26 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Stoltze asked if  the sunset  date was  guided by                                                                   
past  legislation.    Ms. Davidson  replied  the  Legislative                                                                   
Audit  Division looked  at current  operations  to make  that                                                                   
determination.    Vice-Chair  Stoltze  voiced  concern  about                                                                   
adding  another  regulatory  entity and  the  possibility  of                                                                   
detrimental future regulations such as a closed shop.                                                                           
                                                                                                                                
Representative Holm  reiterated past concerns  with landscape                                                                   
architects and cautioned  the board that he  would be closely                                                                   
watching  its  actions.   Representative  Holm  WITHDREW  his                                                                   
OBJECTION to adopt Amendment 1.                                                                                                 
                                                                                                                                
Representative  Foster MOVED  to report  CS HB  (FIN) out  of                                                                   
Committee with the accompanying  fiscal note.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CS  HB 35  (FIN) was  REPORTED out  of Committee  with a  "no                                                                   
recommendation"  and  with  a   previously  published  fiscal                                                                   
impact note: # 1 CED.                                                                                                           
                                                                                                                                
2:03:06 PM                                                                                                                    

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