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." [House Bill 35 was previously heard on February 28, 2005.] Representative Vic Kohring asked the committee to consider Amendment 1 after hearing testimony from people in the industry. He explained that the amendment allows the eleventh member of the State Board of Registration for Architects, Engineers, and Land Surveyors to vote. Representative Hawker MOVED to ADOPT Amendment 1, labeled 24-LS0273\A.1, Bannister, 2/28/05, as follows: Page 1, line 2, following "Surveyors;": Insert "relating to the membership of the State Board of Registration for Architects, Engineers, and Land Surveyors;" Page 1, following line 6: Insert new bill sections to read: "* Sec. 2. AS 08.48.011(b) is amended to read: (b) The board consists of 11 [10] members appointed by the governor having the qualifications as set out in AS 08.48.031. The board consists of (1) two civil engineers; (2) [,] two land surveyors; (3) [,] one mining engineer; (4) [,] one electrical or mechanical engineer; (5) [,] one engineer from another branch of the profession of engineering; (6) [,] two architects; (7) one landscape architect; [,] and (8) one public member. * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: APPOINTMENT OF NEW BOARD MEMBER. (a) On or before September 1, 2005, the governor shall appoint a new member to the State Board of Registration for Architects, Engineers, and Land Surveyors to satisfy the requirement of AS 08.48.011(b), as amended by sec. 2 of this Act. The member shall be an individual who is registered under AS 08.48 to engage in the practice of landscape architecture and who is otherwise qualified under AS 08.48.031 to be a member of the State Board of Registration for Architects, Engineers, and Land Surveyors. (b) The term of the member appointed under (a) of this section is four years from the date of appointment." Renumber the following bill section accordingly. Representative Holm OBJECTED. SAM KITO, III, CHAIR, LEGISLATIVE LIAISON, ALASKA PROFESSIONAL DESIGN COUNCIL, spoke in favor of Amendment 1. He indicated that he was speaking on behalf of the State Board of Registration for Architects, Engineers, and Land Surveyors. He stated support for converting the temporary landscape architect position to that of a permanent position, a recommendation of a legislative audit. He explained that allowing the eleventh member to vote would create an odd number and avoid ties. 1:43:31 PM Representative Holm pointed out the difficulty of certifying landscape architects in Alaska. He explained the various growing zones in the state and lack of resources for training. He said he is objecting to the idea of licensing someone who would not be knowledgeable because they don't have an opportunity to get adequate training. He recalled when there were no landscape architects in Alaska. Mr. Kito acknowledged that Representative Holm has raised valid points. He explained the licensing procedure for a landscape architecture. Representative Holm maintained that there is no licensing procedure and he termed the licensing procedure inappropriate. He related that the Association of American Nurserymen has no standards regarding Alaska, and Alaska is not at a point to have experts in this area. He questioned the validity of requiring a landscape architect to act as an expert and superimpose landscape information over projects throughout the state. Mr. Kito, speaking as a civil engineer, related that there are manuals, books, and guidelines with applicable information. Selection of specific materials is left up to "knowledge at the local area". He opined that design professionals would make a point of knowing conditions and specifics in various areas. Co-Chair Meyer inquired if the audit report recommended the addition of a landscape architect position. PAT DAVIDSON, LEGISLATIVE AUDITOR, AUDIT DIVISION, responded that is correct. She explained that a variety of occupations are licensed under the board and therefore a variety of occupations are needed on the board. As a growing and developing occupation, a landscape architect should be on board to deal with related and emerging issues. 1:52:41 PM Representative Hawker inquired why Alaska recognizes the occupation of landscape architect. Mr. Kito said it is his understanding that there are some benefits to having such a person on board when an Alaskan firm bids on federal projects such as playgrounds. Most landscape architects spend a lot of time working on school playground projects and other projects that receive the benefit of having their expertise. Representative Hawker asked how many landscape architects there are in Alaska. Mr. Kito replied there are 33 licensed landscape architects. Representative Hawker indicated that that is a relatively small number. He wondered if it is premature to give that occupation a seat on the board. Mr. Kito noted that there are 1,000 licensed civil engineers in the state and 33 licensed mining engineers. All of the related architecture occupations have a member on the board. He explained that if there were not a voting landscape architect on the board, there would be no one to have a voice regarding that occupation's regulations and statutes. Representative Hawker asked if the concerns raised by Representative Holm would be an issue or an unintended consequence to the nurserymen in the state if the amendment passes. Mr. Kito replied that he does not believe so. He concluded that it would be an opportunity for the landscape architect position to work with the other disciplines to formulate guidelines for the practice and responsibilities of landscape architecture. 1:57:26 PM Vice-Chair Stoltze asked if the sunset date was guided by past legislation. Ms. Davidson replied the Legislative Audit Division looked at current operations to make that determination. Vice-Chair Stoltze voiced concern about adding another regulatory entity and the possibility of detrimental future regulations such as a closed shop. Representative Holm reiterated past concerns with landscape architects and cautioned the board that he would be closely watching its actions. Representative Holm WITHDREW his OBJECTION to adopt Amendment 1. Representative Foster MOVED to report CS HB (FIN) out of Committee with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CS HB 35 (FIN) was REPORTED out of Committee with a "no recommendation" and with a previously published fiscal impact note: # 1 CED. 2:03:06 PM