Legislature(1997 - 1998)
02/09/1998 03:38 PM L&C
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
CSSB 110(L&C) am - LICENSING OF LANDSCAPE ARCHITECTS Number 0047 CHAIRMAN ROKEBERG announced the committee would take up CSSB 110(L&C) am, "An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors." He mentioned CSSB 110(L&C) am had been previously heard by the committee and suggested amendments had been provided to the members. Chairman Rokeberg noted it was his wish to move a committee substitute at the next meeting. Number 0155 LINDA CYRA-KORSGAARD, Landscape Architect, Tryck Nyman Hayes, Incorporated, testified via teleconference from Anchorage. She stated she was a registered landscape architect in the states of Washington and Maine and noted she had been working with Dwayne Adams on SB 110. She stated she was testifying in support of the amendments Mr. Adams had proposed to CSSB 110(L&C) am. Number 0260 CHAIRMAN ROKEBERG referred to Mr. Adams' letter, noting he would ask the committee aides to review the proposed changes. He directed the committee's attention to substitute language recommended for Section 26 of CSSB 110(L&C) am. Mr. Adams' substitute language read "(b) The requirement to be registered as a landscape architect under this chapter applies only to the definition of landscape architecture as it affects the public health and safety within public rights-of-way, on school grounds, on public lands, or on sites that provide for public access except as otherwise exempted." Chairman Rokeberg commented he would check with the Senate to make sure the suggested language was in coordination with theirs. Number 0367 CHAIRMAN ROKEBERG stated he also liked the substitute language proposed for Section 25, subsection (6), which read "(6) a person preparing drawings or specifications for (A) a building for the person's own use and occupancy as a single family residence and related site work for that building; (B) farm or ranch buildings and their grounds, unless public health, safety, or welfare is involved; (C) a building and its grounds that is intended to be used only as a residence by not more than four families and that is not more than two stories high; (D) a garage, workshop, or similar building and its grounds that contains less than 2,000 square feet of floor space to be used for a private noncommercial purpose;". Chairman Rokeberg noted, in addition, Mr. Adams had proposed a change in the definition of [landscape] architect. Chairman Rokeberg asked if the committee had any questions about the proposed amendments. Number 0412 CHAIRMAN ROKEBERG directed the committee's attention to a memorandum from Terri Lauterbach, Legislative Counsel, Legal Services, Division of Legal and Research Services, Legislative Affairs Agency which read: Enclosed is an amendment you requested for SB 110. It addressed items 3 - 5 at the bottom of your memorandum. The language in paragraph (11), added by the amendment, is problematical. What is "disturbed land?" Without further definition, it could be argued that any land that a person digs in or walks on is disturbed. This exemption seems to vitiate most of the aspects of the definition of landscape architecture identified in (17)(A),(C) and (D) on page 12 of the bill. The language in paragraph (12), added by the amendment, is also problematical. The definition of landscape architecture specifically includes "maintaining...plantings." If you do not wish for this activity to be covered, why not remove the term from the definition on page 12? The language of paragraph (13), added by the amendment, overlaps with the exemption already provided in paragraph (6)(A) on page 11 of the bill. Maybe the language in (6)(A) should be expanded to property owned by a person rather than occupied by the person, and include more than single-family residences. Is paragraph (13) supposed to be limited to landscaping or should it be general (as is)? I have not included item 1 from the bottom of your memo in the enclosed amendment because I do not know how you wish to clarify section 26. I need further instructions. I have not included item 2 in the amendment because I have not found any definition "used by the State of Alaska" for the term "affects public health or safety." The phrase "public health or safety" occurs twice in the Alaska Statutes (AS 27.21240 and AS 39.90.140), in both places undefined. I also looked for separate definitions of "public health" and "public safety" and found none. Please let me know how you wish to proceed on these matters. CHAIRMAN ROKEBERG noted this memorandum concerned the additional amendments (11), (12) and (13) to the exemptions section which he said went a long ways in meeting some of the objections heard at the last hearing. He stated these amendments came out of the unadopted proposed House Labor and Commerce Standing Committee substitute two years ago. The enclosed amendment from Ms. Lauterbach read: Page 12, line 4, following "occupancy": Insert "; (11) a person while involved in revegetation, restoration, reclamation, rehabilitation, or erosion control for disturbed land; (12) a person while maintaining or directing the placement of plant material; (13) a person designing or preparing plans and specification for the person's own use with respect to property owned by the person" Number 0500 BEVERLY WARD, Government Relations Consultant, ARCO Alaska, Incorporated (ARCO), came forward to testify on CSSB 110 (L&C) am. She stated ARCO has reviewed the bill and feels its concerns have been addressed. She said the company feels the bill allows ARCO the flexibility to continue its site restoration work as that work is currently being done. She noted ARCO has no objections to CSSB 110(L&C) am and supports the proposed Amendment 11 regarding restoration. Number 0549 CHAIRMAN ROKEBERG confirmed Ms. Ward had no objections to the bill with the proposed amendments. Number 0559 MS. WARD answered in the affirmative. Number 0564 CHAIRMAN ROKEBERG asked if there was any further discussion on CSSB 110(L&C) am. He concluded public testimony on CSSB 110(L&C) am and indicated it was his intention to clarify the proposed committee substitute with the bill's sponsor, bringing the proposed substitute back to the committee for action at the next meeting.