Legislature(1997 - 1998)

02/09/1998 03:38 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
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.               
                                                                               

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