Legislature(1993 - 1994)

04/19/1994 05:40 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
  SB 305 LICENSING OF LANDSCAPE ARCHITECTS                                     
                                                                               
  Upon convening the meeting, Co-chairman Steve Frank directed                 
  that  SB  305  be  brought   on  for  discussion  and  noted                 
  teleconference links to Anchorage, Fairbanks, and Homer.                     
                                                                               
  Senator  Kerttula advised  that  he did  not  wish to  offer                 
  Amendment  No.  1  and  asked  that  it be  withdrawn.    No                 
  objection having been raised, IT WAS SO ORDERED.                             
                                                                               
  SENATOR  LITTLE,  sponsor  of the  legislation,  came before                 
  committee.   She referenced  a draft  CSSB 305  (8-LS1617\O,                 
  Lauterbach,   4/7/94)   and    explained   that    landscape                 
  architecture  is the  profession  that provides  designs for                 
  outdoor  spaces.    Practitioners   must  be  familiar  with                 
  building  codes,  local ordinances,  and  health and  safety                 
  regulations.  They  are accredited and must  complete a four                 
  to  five-year  educational  process.   Presently,  anyone in                 
  Alaska can  call himself  or herself  a landscape  architect                 
  without any training and can compete with a professional.                    
                                                                               
  The  proposed legislation  represents an  Alaska hire  bill.                 
  Many  contracts  require  "stamped"  professional  landscape                 
  architects for outdoor work.  Because Alaska has no  license                 
  requirements, residents  who are knowledgeable  about Arctic                 
  conditions, local plant materials, etc., are eliminated from                 
  ability to perform these types of  tasks.  The proposed bill                 
  will  allow  knowledgeable  residents  to  compete  on those                 
  contracts.  Landscape  architects are  licensed in 44  other                 
                                                                               
                                                                               
  states.  Lack  of a license  procedure in Alaska results  in                 
  this  work   being  performed   by  out-of-state   landscape                 
  architects rather than local residents.                                      
  While  the  legislation   originally  requested   additional                 
  members for the board, the present version retains the board                 
  "at  the  same  size  and   adds  an  additional  non-voting                 
  landscape architect on the board for  one year to advise the                 
  board on establishing  regulations for the licensing."   The                 
  non-voting  member is not reimbursed for per diem or travel.                 
  Licensing will  involve one  test per  year rather than  the                 
  standard two.                                                                
                                                                               
  Senator  Little next  described the differences  between the                 
  "O" version work draft  and CSSB 305 (L&C).   She referenced                 
  page 9, lines 20 - 24, and explained that subsection (c) was                 
  added to  ensure that  landscape architects  do not  perform                 
  architectural,   engineering,   or    land   survey    work.                 
  Definitions  commence at page  12, line 17.   Senator Little                 
  noted  addition   of  "incidental  and  necessary"   to  the                 
  definition of the "practice of landscape architecture."  She                 
  told members  that  language at  page  12 provides  a  clear                 
  delineation of "what  landscape architects would be  able to                 
  do under  the licensure."   Language  at page  13, line  31,                 
  clarifies  when the  first test  will be  given and  further                 
  defines   how  long   a   person  may   practice   landscape                 
  architecture without a license until the initial test.                       
                                                                               
  Senator   Kerttula   asked  if   the   legislation  contains                 
  grandfather   provisions.      Senator    Little   responded                 
  negatively, but advised that the  bill provides that persons                 
  who  are licensed  in  other  states  would continue  to  be                 
  licensed  in Alaska.   Those  who are not  licensed anywhere                 
  would need to  take the national exam.   Discussion followed                 
  regarding grandfathering based  on past performance  of work                 
  in  a  given field,  regardless  of  educational background.                 
  Senator  Little  explained  that  those  seeking  to  become                 
  landscape architects  would pay  an examination  fee and  an                 
  annual  registration  fee  when approved  by  the  board for                 
  licensure.     Senator   Kerttula  expressed   concern  that                 
  regulations might prevent those who have actively engaged in                 
  the  profession  up  to this  time  from  practicing  in the                 
  future.  Senator  Little spoke to clear  delineation between                 
  landscape construction and landscape  architecture, advising                 
  that the difference is the same as a construction contractor                 
  and an architect.  Those  involved in landscape construction                 
  will not be impacted  by the proposed bill.   Senator Little                 
  described the situation in California where those who do not                 
  have  licenses  are  designated  landscape  designers  while                 
  licensed  individuals  are landscape  architects.   Co-chair                 
  Frank voiced his understanding that  the proposed bill would                 
  not prohibit an individual's ability to continue to practice                 
  in the field.   It  merely restricts what  "that person  may                 
  call themselves."                                                            
                                                                               
                                                                               
  Senator  Sharp  referenced  discussion in  Senate  Labor and                 
  Commerce to  the effect  that many  bids call  for landscape                 
  architects.    Those   individuals  must  be  professionally                 
  qualified,  and that  has  necessitated use  of out-of-state                 
  persons.    Senator  Little  concurred.   She  advised  that                 
  federal contracts require  licensed professionals.  Projects                 
  often end up employing  professionals from out of  state who                 
  know nothing  about permafrost, Arctic plant materials, etc.                 
  The public will be better  served by utilizing knowledgeable                 
  locals to perform this work.                                                 
                                                                               
  In her concluding  comments, Senator  Little noted that  all                 
  costs of  the legislation  will be  borne by  practitioners.                 
  There  will be  no cost to  the state.   The April  6, 1994,                 
  fiscal  note  from  the  Dept.   of  Commerce  and  Economic                 
  Development, accurately reflects the proposed work draft.                    
                                                                               
  TELECONFERENCE                                                               
                                                                               
  ROY HOYT, JR., spoke via  teleconference from Homer, Alaska.                 
  He inquired concerning  the number  of landscape  architects                 
  presently in Alaska.   Senator Little responded,  "There are                 
  approximately 50  who are members of the American Society of                 
  Landscape Architects."  She noted it  is costly to belong to                 
  the  society  and  voiced  her  expectation  that additional                 
  professionals, who are  not members, also reside  within the                 
  state.                                                                       
                                                                               
  LINDA  CRYA-KOORSGARD,    Landscape  Architect,  spoke   via                 
  teleconference   from  Anchorage   and  offered   to  answer                 
  questions concerning the bill.  No questions were raised.                    
                                                                               
  Senator Kelly attested to support for the bill by the Alaska                 
  Chapter of the American Society of Landscape Architects.                     
                                                                               
  Co-chair Frank  queried members regarding disposition of the                 
  bill.  Senator  Kelly MOVED for  adoption of CSSB 305  (Fin)                 
  ("O" version).   No objection  having been raised,  CSSB 305                 
  (Fin) was ADOPTED.  Co-chair Frank  next MOVED that CSSB 305                 
  (Fin) pass from  committee with individual  recommendations.                 
  No objection having been raised, CSSB 305 (Fin) was REPORTED                 
  OUT  of  committee with  a  fiscal  note from  the  Dept. of                 
  Commerce and  Economic Development showing revenues of $17.3                 
  and costs of $9.3.  All members present signed the committee                 
  report "no rec."   (Senator Jacko was not in  attendance and                 
  did not sign.)                                                               
                                                                               

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