HB 252-OCC LICENSING: TERMS OF BD & CONT. EDUC CHAIR ANDERSON announced that the next order of business would be HOUSE BILL NO. 252, "An Act relating to the terms of members of boards and commissions that regulate businesses and professions and to the duties of the members of the State Board of Registration for Architects, Engineers and Land Surveyors." Number 1549 HEATH HILYARD, Staff to Representative Lesil McGuire, Alaska State Legislature, presented HB 252 on behalf of the sponsor, Representative McGuire. Mr. Hilyard paraphrased the sponsor statement, which read as follows: I have introduced HB 252 by request of the State Board of Registration for Architects, Engineers, and Land Surveyors (AELS Board), the regulatory board responsible for adopting regulations to ensure minimum competency of design professionals and to ensure the public health, safety, and welfare is met. The AELS Board is also responsible for overseeing the scope of work practices of those professionals. Board members can serve a minimum of two full terms, and the bill would allow board members to serve a minimum of six full years; and would enhance public health, safety, and welfare by allowing the AELS Board to require a mandatory continuing education program for continued professional competency. HB 252 would accomplish two things: First, HB 252 modifies the existing term limit statute so that serving a partial term of less than two years would not represent a full term on the State Board of Registration for Architects, Engineers, and Land Surveyors defined under AS 08.48.021, but serving a partial term of two or more years would count as a full 4-year term. The AELS Board has, in the past, experienced problems with this statutory provision when a vacancy occurs but is not filled for some time. When an individual fills a partial term, it counts as a full term, no matter how short the partial term may be. This change would allow a Board member filling a partial term of less than two years, to serve the partial term, plus a full 8 years (two 4-year terms). Second, the AELS Board requires statutory authority in order to adopt regulations concerning continuing education. The first recommendation cited in the Legislative Audit #08-2001-00 dated October 20, 2000, specified this ability be legislated to the AELS Board in order to help implement and maintain high standards in the professions they oversee. HB 252 would provide the AELS Board statutory authority under AS 08.48.101(a) to develop mandatory continuing education programs for the professions it serves. It is important to the Board that the statute not specifically mandate the Board to require a mandatory continuing education as a condition of licensure renewal, because in some instances professionals are already complying with continuing education requirements required by their processional societies. The AELS Board would work with the professional societies before developing any programs. Number 1632 SAM KITO, III, Alaska Professional Design Council (APDC), began by noting that APDC appreciates Representative McGuire's effort on HB 252. REPRESENTATIVE ROKEBERG asked if the landscape architects are included in the term of architect. MR. KITO explained that landscape architects are part of the AELS Board, although the board's name hasn't changed. REPRESENTATIVE ROKEBERG asked if the continuing education requirement is a request of the board. MR. KITO replied yes, and noted that in the past the continuing education requirement has been a priority of the legislature. He recalled Representative Kott's interest in ensuring that architects, engineers, and land surveyors had some provisions for continuing education. The task was placed on the AELS Board to identify how best to do that. This legislation creates the regulatory authority for the board to adopt regulations in the method the AELS Board chose to utilize. REPRESENTATIVE ROKEBERG asked if there was a legal opinion that the AELS Board didn't have regulatory authority to [develop the regulations]. MR. KITO said that he wasn't completely sure, but the statute doesn't say that the AELS Board can adopt regulations for continuing education. REPRESENTATIVE ROKEBERG remarked that usually the regulatory authority for boards is fairly broad. Therefore, he asked if [this is being done] in order to provide comfort. MR. KITO related that [the AELS Board] was informed that this was a required change in order for them to move forward with continuing education regulations. Number 1755 REPRESENTATIVE LYNN moved to report CSHB 252, Version 23- LS0945\D, Lauterbach, 4/15/03, out of committee with individual recommendations and [the accompanying fiscal notes]. There being no objection, CSHB 252(L&C) was reported from the House Labor and Commerce Standing Committee.