HOUSE BILL NO. 35 An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date. REPRESENTATIVE VIC KOHRING, (TESTIFIED VIA TELECONFERENCE), MAT-SU, stated that HB 35 would extend the termination date for the Board of Registration for Architects, Engineers and Land Surveyors (AELS) adding an additional five years. The current termination date is June 30, 2005. If the Legislature takes no action to extend the board, it would go into a one-year phase out to conclude administrative operations, followed by termination. Representative Kohring pointed out that the board consists of 11 members appointed by the Governor: · Two civil engineers, · Two land surveyors, · One mining engineer, · One electrical or mechanical engineer, · One engineer from another branch of the profession of engineering, · Two architects, · One landscape architect, and · One public member. Representative Kohring highlighted that the board's purpose is to adopt regulations, oversee examinations, suspend, revoke or refuse the issuance of new licenses, and issue licenses to practice to architects, engineers, and land surveyors who meet the standards of education and training determined necessary by the board. Representative Kohring pointed out that Legislative Audit Division performed a November 1, 2004 board audit, as required by statute and recommended that the board be extended to June 30, 2009. The Division found the board to be operating in the public interest by effectively regulating individuals who hold themselves out to the public as registered architects, engineers, land surveyors, and landscape architects. Furthermore, the Division found that the board demonstrated an ability to conduct business in a satisfactory manner, has been effective in developing regulations, has ensured that licensees are competent and consistently practice within requirements and ethical standards of their respective professions. Representative Kohring pointed out that there are a couple of amendments proposed by the organization, one of which adds an additional member. He requested someone present address those amendments. SAM KITO III, CHAIR, LEGISLATIVE LIASION COMMITTEE, ALASKA PROFESSIONAL DESIGN COUNCIL, stated that the Council fully supports the legislation and the extension of the sunset for the Board so that they can continue to meet professional standards. 1:46:34 PM Vice-Chair Stoltze remembered legislation in the late 1990's, which encouraged the addition of landscape architects. He asked if an analysis had been done on the benefits of adding that group. Mr. Kito pointed out the basic benefit to date is limited as there are only 30 licensed landscape architects statewide. He noted that they perform duties separate from architects or civil engineers. He added that the addition of the landscape architects to the board would help by adding another voting member, changing it from 10 to 11 members. 1:47:56 PM In response to Vice-Chair Stoltze, Mr. Kito pointed out that they do not have information available that identifies projects they got with including the landscape architecture license. Representative Weyhrauch inquired about the audit report. PAT DAVIDSON, DIRECTOR, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT DIVISION, explained that an audit was conducted and recommended that the date be extended to 2009. She noted, based on the results of the audit on the Board of Registration for Architects, Engineers, and Land Surveyors, the Division recommends the termination date of June 30, 2005 be extended until June 30, 2009. Ms. Davidson pointed out that during the last sunset review, Division recommended that the Legislature modify statutes allowing the Board to implement continuing professional education requirements. While the Legislature made that statutory change, the board has not implemented the requirement. The Division recommends that either the board implement a continuing professional education requirement or the Legislature consider modifying the statutes from a permissive program to a mandatory one. Ms. Davidson continued, the second recommendation involves the continuing evolution of the engineering profession. Alaska recognizes the core disciplines of civil, chemical, electrical and mechanical engineering as well as mining and petroleum engineers. Other states have recognized other specialties or sub-disciplines. In the report, the Division recommended that the Board, in conjunction with the professional society or the University of Alaska, conduct a comprehensive study regarding the public benefits and related costs associated with recognizing additional engineering specialties in Alaska's licensing structure. Ms. Davidson added that the Legislature should also consider making the landscape architect a full voting member of the board. Representative Weyhrauch asked the importance of the continuing education requirement for civil engineers and architects. Ms. Davidson stated that what the Audit Division looks at is why should the State become involved with licensing of professionals for public health, safety and welfare. No matter the level of training, the same level of protection is necessary. Although, not perfect, continuing education is one of the main mechanisms used for maintaining professional standards. 1:53:10 PM Representative Holm commented on the landscape architect process. Ms. Davidson explained that the division has not done extensive work in regards to the landscape architects. It has been a progression and those represented on the board consist of all categories. Landscape architects have about the same number of licensees and by statute, there must be a member on that board. Representative Holm voiced concern with the legislation. He stated he has been a horticulturist in Alaska for the past 50-years. Alaska does not have an association of Alaskan nurserymen. Because of that, there is not a "platform" from which to build that a horticulturist can use. Those that come from other parts of the world, bring information, which often does not translate in Alaska. He cautioned that landscaping in Alaska is peculiar. It is not like building, given the particulars. There are no books that adequately explain what types of foliage grow in which places in Alaska. Representative Holm stressed this is a major problem. Some landscape architects specify products that will not grow in Alaska. Because of that peculiarity, Representative Holm suggested that they do not have a place on the board until there is a horticultural set up that can address the State by regions. Co-Chair Meyer interjected that there was someone on line who could testify regarding these concerns. 1:58:00 PM Representative Croft inquired if all professions should be moved to some sort of continuing education requirement. Ms. Davidson stated that was not the intent. She indicated that it is important to determine how the public is being served and/or maintaining the quality of the profession. Continuing professional education is a common way to lead professionals into continued competency. Representative Croft questioned if the Legislature should be deciding that information for the professions. He asked if it would be more appropriate to defer to the boards. Ms. Davidson stated that is up to the Legislature. 2:00:38 PM Representative Weyhrauch agreed that it is important. He asked about legislative jurisdiction of overseeing of a professional board. He pointed out that a member of the public often hires professional expertise because of their lack of knowledge about a situation. He wanted some degree of comfort, knowing that there is a board that provides oversight and a code of ethics for the oversight. He asked for an update regarding what the board does to regulate their own members. Mr. Kito pointed out that last year, there had been legislation that authorized the board to adopt regulations in continuing education. That legislation came at the urging of the surveyors. The architects are close behind them recognizing the importance of continuing education. The national scale has adopted continuing education standards. He admitted that there are professions that are not quite ready for the standard and listed various boards, which have national standards. 2:04:51 PM Representative Hawker asked if there was an amendment before the Committee. Co-Chair Meyer responded there is no amendment at this time. TERRY SCHOENTHAL, (TESTIFIED VIA TELECONFERENCE), AMERICAN SOCIEY OF LANDSCAPE ARCHITECTS, ANCHROAGE, commented on testimony by Representative Holm, acknowledging the validity of his points. Mr. Schoenthal highlighted areas which his group operates, noting that they rely heavily upon State nurseries and the University. He pointed out that the State Board is fundamentally there for the purposes of health, safety and welfare of the State's citizens. There is not a planned laboratory for testing for Alaskan plants; however, the reason for licensing is to deal with health and safety concerns. There are issues associated with specific designs such as advice on drainage and stone water management. 2:07:28 PM Mr. Schoenthal pointed out other areas including highway design. He stressed the importance of having the understanding of plant materials and the impact they have on the site distance. These are issues essential for the work of the board members. Mr. Schoenthal stated that the board constitutes about 30 licensed professionals statewide. He thought that the numbers could double in the next decade. Like other professionals on the board, it brings forward national trends and changes, which influence how the requirements are changed. He mentioned continuing education and offered to answer questions of the Committee 2:09:27 PM Representative Holm stated that he was not against landscape architects, however, he pointed out how ill informed that industry is. He stressed that the professionals coming from schools in other states have information does not "translate" well in Alaska. Representative Holm voiced concern that a standard for competency would be put in place. Representative Holm mentioned an example of the depth of topsoil necessary for lawns in various sections of Alaska. He emphasized that if horticultural knowledge is not at hand, it is difficult to implement specifications that make sense. 2:12:00 PM Mr. Schoenthal agreed in part with Representative Holm, pointing out that there are issues with multiple conditions statewide. He acknowledged that simple availability is also a concern and stressed that the role of the board is more related to the statewide health, welfare and risk factors versus materials used in landscape design. 2:13:23 PM Representative Holm acknowledged that competency is an important reason to have a professional board. Vice-Chair Stoltze remembered a time there was not a lot of statewide regulatory function. He wanted "make certain" that the decision for a board was headed in the right direction. He noted constituent's complaints regarding "things" that do not make sense. 2:16:31 PM Co-Chair Meyer noted that the bill would be held in Committee to address amendments. HB 35 was HELD in Committee for further consideration. 2:17:21 PM