HB 5-BD OF ARCHITECTS, ENGINEERS, SURVEYORS  3:18:22 PM CHAIR OLSON announced that the first order of business would be HOUSE BILL NO. 5, "An Act relating to the Board of Registration for Architects, Engineers, and Land Surveyors and to the Department of Commerce, Community, and Economic Development." 3:18:46 PM REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, stated that this bill would add a dedicated investigator position to help ensure health, safety, and welfare of Alaskans. The position is fully funded by the licensing fees of the Board of Architects, Engineers, and Land Surveyors (AELS). Additionally, the bill would update the examination formats to allow for electronic examinations, rather than just written exams. Presently the AELS board shares one investigator position who also serves six other boards. Thus the investigator works part- time for the AELS board. Last year the board added the number of engineering branches from 6 to 15 branches, and increased the number of licensees to a total of 6,439 licensees; however the amount of the time has not increased. In conclusion, he said hiring a full-time investigator can help ensure the board can continue to protect the state from risk hazards in public health, safety, and welfare. REPRESENTATIVE THOMPSON said the change in statute would help the board to maintain proper oversight of licensees and ensure compliance with state statutes and regulations. He pointed out the position is fully funded by licensees through the professionals' biennial license fees and would have no impact on the general fund. 3:20:49 PM REPRESENTATIVE MILLETT asked about the fiscal note. REPRESENTATIVE THOMPSON answered that the position is funded with program receipts at $115.5 thousand per year. He said that the AELS professionals' biennial licensing fees will increase in December 2013 to cover the expense. 3:21:27 PM REPRESENTATIVE JOSEPHSON understood the executive secretary must insulate him or herself from the board. He asked whether the investigator position would be insulated from the board so the board is neutral. REPRESENTATIVE THOMPSON said he was unsure. 3:22:25 PM DON HABEGER, Director, Division of Corporations, Business, and Professional Licensing (DCBPL), Department of Commerce, Community, & Economic Development (DCCED), answered yes. He said the board must sit in judgment on investigative matters so the investigator can report some information to the board, but cannot provide any details that would taint the case. 3:23:32 PM REPRESENTATIVE SADDLER asked whether other boards have designated investigators. MR. HABEGER said this would be the third. He stated that the Alaska Medical Board was the first to have a dedicated investigator. 3:24:12 PM REPRESENTATIVE MILLETT asked whether the Alcoholic Beverage Control Board (ABC Board) also had an investigator. MR. HABEGER said the ABC Board is not under the DCCED's jurisdiction so he was unsure. 3:24:34 PM REPRESENTATIVE SADDLER asked whether any state statutes apply generally to professional boards. MR. HABEGER recalled the centralized licensing statutes give the division general authority for investigations, but he did not recall the specific cite. 3:25:32 PM COLIN MAYNARD, Civil Engineer; Member, Board of Architects, Engineers, and Land Surveyors (AELS), stated he is a structural engineer and serves on the AELS board. He said the AELS historically has had 2.5 investigator positions, but over time the positions were reduced to the current single investigator shared with six other boards. The investigator currently has significant work just from the AELS board. So far the investigator opened 13 new cases in the last quarter and currently has 22 open cases. Additionally, the investigator closed 30 cases in the past three months. Further, the AELS board added nine new engineering disciplines in March. As a result this will add to the investigator's work load, in particular, since an influx of out of state design professional licensees are applying for licensure in Alaska. He reported the investigator must become familiar with all standards of practice, statutes and regulations for each profession, including architects, engineers, land surveyors, and landscape architects. Since the investigator is shared by other boards, he has had limited time for onsite inspections at construction sites to ensure that the appropriate design professional is involved. The AELS board has also observed increased activity due to the economy in the Lower 48. He offered his belief that having a dedicated position would have a positive influence on investigators and provide for quicker resolution of cases. He recalled three cases are still pending from 2009, although two are currently in the attorney general's office. Currently, the investigator has been limited to conducting enforcement in urban areas. Thus, this bill could help by providing the mechanism for statewide licensing enforcement to determine unlicensed activities. The fees will be paid for by licensees through biennial license fees. Another section of the bill relates to computer-based testing for engineering licensing exams by removing "written" from the statutes. The engineering computer- based tests will go into effect in January 2014. The architects have had computer-based testing for a number of years and this will bring the engineers up to par, she said. 3:29:15 PM REPRESENTATIVE SADDLER asked for the cost per licensee to cover the dedicated investigator. MR. MAYNARD suggested it would cost an estimated $15 per year or $30 per biennium per licensee. 3:29:51 PM REPRESENTATIVE JOSEPHSON said he was impressed by the proactive actions by the AELS board to identify the need and pay for the cost of the investigator through professional licensing fees. 3:30:39 PM DALE NELSON, Civil Engineer; Chair, Legislative liaison, Alaska Professional Design Council (APDC), stated he falls under the regulations of the AELS board since he is a registered civil engineer. He reported the APDC represents nine design professional organizations, consisting of 5,000 members. He said the APDC has been following the investigator issue, the APDC legislative committee has discussed the need for a dedicated full-time investigator for the AELS professions, and has raised the issue in its newsletter to members. Thus far the APDC has not received any negative comments from its members. He acknowledged the AELS licensees will be pay for the additional costs of the dedicated investigator. He related that design professionals sign a document that they are practicing for the health, safety, and welfare of the public. He concluded with APDC's support for HB 5. 3:33:10 PM JANET MATHESON, Architect, American Institute of Architects, Alaska Chapter (AIA-AK); Member, Alaska Professional Design Council (APDC), stated she is a registered professional architect and has been practicing in Fairbanks since 1977. She related she is speaking for 200 design professional members in the AIA who favor the investigator position in HB 5. She said problems exist, including problems with comity licensure - architects coming in from the Lower 48 to work in Alaska - and with design overlap between professions related to miscellaneous services. In some instances, design professionals may perform more work than constitutes miscellaneous services. Additionally, problems exist in terms of public safety since the design professionals are responsible from an insurance perspective for all work done on a project, including engineering. Further, the state has issues with Lower 48 firms who employ architects not licensed in Alaska to work on projects located in Alaska. MS. MATHESON said the AIA-AK and APDC would like a full-time dedicated investigator position since the existing investigator services represents one-sixth coverage for design professional services provided under the AELS board. As previously stated, the current investigator can only concentrate on the Anchorage bowl area, yet the northern, northeast, southwest, and southeast parts of the state also have substantial construction projects that could benefit from the investigator's services. Finally, the full-time dedicated investigator position will be funded by fees and not from the general fund. She reiterated the exam portion of the bill will brings engineers up to date since architectural examinations are totally electronic computer-based examinations. She said she would appreciate consideration of HB 5. 3:35:26 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on HB 5. 3:35:47 PM CHAIR OLSON remarked the investigator position is paid for by design professionals requesting the bill. 3:36:00 PM REPRESENTATIVE REINBOLD moved to report HB 5 out of committee with individual recommendations and the accompanying fiscal note. There being no objection, HB 5 was reported from the House Labor and Commerce Standing Committee. The committee took an at-ease from 3:36 p.m. to 3:38 p.m.