05/02/1996 01:10 PM House JUD

 CSSB 43(L&C) - ARCHITECTS, ENGINEERS, LAND SURVEYORS                        
                                                                               
 Number 780                                                                    
                                                                               
 CHAIRMAN PORTER brought CSSB 43(L&C), "An Act relating to                     
 registration by the Board of Registration for Architects,                     
 Engineers, and Land Surveyors; clarifying the meaning of practicing           
 or offering to practice architecture, engineering, or land                    
 surveying; and amending the definition of `practice of land                   
 surveying,'" before the committee.                                            
                                                                               
 SENATOR LOREN LEMAN, sponsor of the measure, came before the                  
 committee.  He said he had believed that the controversial sections           
 of the bill had been removed from the bill until the previous day.            
 Senator Leman explained the legislation was proposed by the Board             
 of Registration for Architects, Engineers and Land Surveyors.  He             
 said the first section is the revisors section and that entity no             
 long exists, so there is no need to have a reference to it.  He               
 said the second section was actually advanced by Senator Duncan.              
 Senator Leman explained that he has had several retired engineers             
 who have come to him and said they'd like to be able to still have            
 something that says they are an engineer even though it doesn't               
 enable them to practice.  He said without paying the full fees                
 every year, the board recognized that, and in honor of those                  
 professionals who have invested their lives, they said they would             
 be willing to do that if they had the authority.  Senator Leman               
 said the third section, under evidence of practice, the board has             
 had trouble enforcing its statutes and regulations regarding the              
 practice of architecture, engineering and land surveying.  The                
 Department of Law suggested inserting the word "or" after the ";".            
 He said unless the word "or" is specifically inserted, they would             
 be reluctant to pursue some of the cases where people violate the             
 intent of the law.  By inserting the word "or" it makes it clear              
 that if you do any one of the three things, you are either                    
 practicing those things or are offering to practice those things.             
                                                                               
 REPRESENTATIVE BUNDE questioned where in the bill he is speaking              
 to.                                                                           
                                                                               
 SENATOR LEMAN referred to page 2, line 22 and then referred to the            
 fourth section and said this is what is left of the change in the             
 definition of the practice of land surveying that was requested by            
 the surveying profession and their surveyor on the board, through             
 the board of registration.  He urged the committee to move the                
 bill.                                                                         
                                                                               
 Number 835                                                                    
                                                                               
 REPRESENTATIVE TOOHEY noted that the Nursing Association has the              
 retirement status and has had it for many years.                              
                                                                               
 Number 859                                                                    
                                                                               
 COLIN MAYNARD testified via teleconference from Anchorage.  He said           
 a lot of work has been done on the bill and there are a lot of                
 different parties who are interested in this.  He said what the               
 committee has before them solves most of their problems.  He urged            
 passage of the bill.                                                          
                                                                               
 Number 882                                                                    
                                                                               
 CRAIG SAVAGE was next to testify via teleconference from Anchorage.           
 He indicated he concurs with Colin Maynard's testimony.  He said he           
 is currently the president of Alaska Professional Design Council              
 and is a practicing land surveyor.  He said he is testifying with             
 the understanding that there had been additional amendments made to           
 the bill; however until additional amendments are made (indisc.)              
                                                                               
 Number 904                                                                    
                                                                               
 PAT KALEN, Chairman, American Congress on Surveying and Mapping,              
 Alaska Section, said there has been a lot of work put into the bill           
 and they just recently became aware that there is a proposed                  
 revision to Section 4 that would change the language his                      
 organization wanted and would also remove some of the existing                
 statute.  He said he isn't sure what the problem is as the bill has           
 been endorsed by several organizations.  Mr. Kalen said his                   
 organization doesn't think there is anything left in the bill that            
 has any relationship to construction.  He said if the proposed                
 amendments are made, he would ask that the bill be held.                      
                                                                               
 Number 938                                                                    
                                                                               
 WILLIAM MENDENHALL testified via teleconference from Fairbanks.  He           
 informed the committee members he is the land surveyor member on              
 the Board of Architects, Engineers and Land Surveyors.  Mr.                   
 Mendenhall said he concurs with what Mr. Kalen has said.  He stated           
 they did a lot of work on the bill and had thought everything was             
 in line.  He said he would like to see the bill passed the way it             
 currently is.  Mr. Mendenhall said he understands there are a                 
 couple of proposed changes.  As he understands it, somebody feels             
 this might affect people who are actually doing highway or dirt               
 work.  That is not the intent of anything in the bill that he can             
 see.  He referred to there always being a question in that if you             
 put out a plan for a subdivision and you lay it out and put                   
 (indisc.) on there, and questioned if this is engineering or                  
 surveying.  He said it is probably a little bit of both.  This                
 reference to land surveying, AS 08.48.341, would state that the               
 surveyors can work on topography, alignment and grates for streets.           
 It would in no way stop somebody from doing construction work.  He            
 said he would urge the committee to support the bill as fully                 
 written.                                                                      
                                                                               
 Number 1092                                                                   
                                                                               
 BARBARA HUFF TUCKNESS, representing Teamsters Local 959, came                 
 before the committee to testify.  She explained her organization              
 worked very closely with the industry folks and with respect to               
 CSSB 43(L&C), she urged the committee to support that version.  She           
 referred to Teamsters Local 959 and said they represent land                  
 surveyors in the industry and they also have a land surveyor school           
 in which they send various individuals from around the state to               
 participate in this four year program.  She urged support for the             
 bill.                                                                         
                                                                               
 CHAIRMAN PORTER asked if there was further people wishing to                  
 testify.  There being none, he closed the public hearing.                     
                                                                               
 Number 1162                                                                   
                                                                               
 REPRESENTATIVE VEZEY said he had prepared a committee substitute in           
 which the intent was to eliminate the changes in the definitions of           
 "land surveying."  He said the statements made clearly indicates              
 that this definition is not intended to include construction                  
 surveying.  Representative Vezey said he will not offer his                   
 proposed amendment, but would like someone to verify that is what             
 the bill says.  He said he does believe that the wording in the               
 bill could easily be construed to mean that it includes                       
 construction surveying, but he also concurs if the entire paragraph           
 is taken in context, it could be mean to be limited strictly to the           
 planning and the monumentation of boundaries and routes.                      
                                                                               
 Number 1244                                                                   
                                                                               
 REPRESENTATIVE BUNDE explained he had a conversation with an                  
 acquaintance regarding this bill and the conversation led him to              
 believe that it does not include construction surveying.                      
 Representative Bunde then made a motion to move CSSB 43(L&C) out of           
 committee with individual recommendations and with the accompanying           
 fiscal notes.                                                                 
                                                                               
 CHAIRMAN PORTER asked if there was an objection.  Hearing none,               
 CSSB 43(L&C) was moved out of the House Judiciary Committee.