HB 243: "An Act relating to licensure of landscape architects."
00HOUSE BILL NO. 243 01 "An Act relating to licensure of landscape architects." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.01.010(2) is amended to read: 04 (2) State Board of Registration for Architects, Engineers, [AND] Land 05 Surveyors, and Landscape Architects (AS 08.48.011); 06 * Sec. 2. AS 08.03.010(c)(3) is amended to read: 07 (3) State Board of Registration for Architects, Engineers, [AND] Land 08 Surveyors, and Landscape Architects (AS 08.48.011) - June 30, 1997; 09 * Sec. 3. AS 08.48.011 is amended to read: 10 Sec. 08.48.011. BOARD CREATED. (a) There is created the State Board of 11 Registration for Architects, Engineers, [AND] Land Surveyors, and Landscape 12 Architects. The board shall administer the provisions of this chapter and comply with 13 AS 44.62 ( [THE] Administrative Procedure Act [(AS 44.62]). 14 (b) The board consists of nine voting members appointed by the governor
01 having the qualifications as set out in AS 08.48.031 and one nonvoting member 02 appointed by the governor from persons recommended by the Alaska Chapter of 03 the American Society of Landscape Architects and having the qualifications set 04 out in AS 08.48.031. The voting members of the board consist [CONSISTS] of two 05 civil engineers, one land surveyor, one mining engineer, two engineers from other 06 branches of the profession of engineering, two architects, and one public member. 07 * Sec. 4. AS 08.48.031 is amended to read: 08 Sec. 08.48.031. QUALIFICATIONS. Each member of the board must have 09 been a resident in the state for three consecutive years immediately preceding 10 appointment and, except for the public member and the nonvoting member, must be 11 registered and have a minimum of five years of professional practice in the member's 12 respective field. 13 * Sec. 5. AS 08.48.061(b) is amended to read: 14 (b) Each voting member of the board is entitled to receive per diem and travel 15 expenses as authorized by law for other boards and commissions. The nonvoting 16 member of the board is not entitled to receive either per diem or travel expenses. 17 * Sec. 6. AS 08.48.061(c) is amended to read: 18 (c) The board may make expenditures from appropriated funds for any purpose 19 that is reasonably necessary for the proper performance of its duties under this chapter. 20 This may include the expenses of the board delegates to meetings of councils of 21 architect examiners, engineering examiners, [OR] land surveyor examiners, or 22 landscape architect examiners, or any of their subdivisions. The total amount of 23 warrants issued in payment of the expenses incurred under this chapter may not exceed 24 the amount of money appropriated by the legislature. 25 * Sec. 7. AS 08.48.071(f) is amended to read: 26 (f) The Department of Commerce and Economic Development shall assemble 27 statistics relating to the performance of its staff and the performance of the board, 28 including but not limited to, 29 (1) the number of architects, engineers, [AND] land surveyors, and 30 landscape architects registered over a five-year period; 31 (2) the rate of passage of examinations administered by the board;
01 (3) the number of persons making application for registration as a 02 professional architect, engineer, [OR] land surveyor, or landscape architect over a 03 five-year period; 04 (4) an account of registration fees collected under AS 08.01.065; 05 (5) a measure of the correspondence workload of any licensing 06 examiner employed by the department to carry out this chapter. 07 * Sec. 8. AS 08.48.091 is amended to read: 08 Sec. 08.48.091. WRITTEN EXAMINATIONS [AND EXAMINATION FEES]. 09 Except as provided in (b) of this section, written [WRITTEN] examinations shall 10 be held at least twice each year at places determined by the board unless the 11 examination administered by the board is a national examination prepared only once 12 each year, in which case the examination shall be held at least once each year. A 13 candidate failing an examination may apply for reexamination. 14 * Sec. 9. AS 08.48.091 is amended by adding a new subsection to read: 15 (b) The board shall administer a written examination at least once each year 16 for applicants who are seeking to be registered as landscape architects. 17 * Sec. 10. AS 08.48.111 is amended to read: 18 Sec. 08.48.111. POWER TO REVOKE, SUSPEND, OR REISSUE 19 CERTIFICATE. The board may suspend, refuse to renew, or revoke the certificate of 20 or reprimand a registrant or corporation who is found guilty of (1) fraud or deceit in 21 obtaining a certificate; (2) gross negligence, incompetence, or misconduct in the 22 practice of architecture, engineering, [OR] land surveying, or landscape architecture; 23 or (3) a violation of this chapter, a regulation adopted under this chapter, or the code 24 of ethics or professional conduct as adopted by the board. The code of ethics or 25 professional conduct shall be distributed in writing to every registrant and applicant 26 for registration under this chapter. This publication and distribution of the code of 27 ethics or professional conduct constitutes due notice to all registrants. The board may 28 revise and amend its code and, upon doing so, shall immediately notify each registrant 29 in writing of the revisions or amendments. The board may, upon petition of the 30 registrant or corporation, reissue a certificate if a majority of the members of the board 31 vote in favor of the reissuance.
01 * Sec. 11. AS 08.48.171 is amended to read: 02 Sec. 08.48.171. GENERAL REQUIREMENTS AND QUALIFICATIONS FOR 03 REGISTRATION. An applicant for registration as an architect, engineer, [OR] land 04 surveyor, or landscape architect must be of good character and reputation and shall 05 submit evidence satisfactory to the board of the applicant's education, training, and 06 experience. However, an applicant for registration as a land surveyor may not be 07 required to submit evidence of more than eight years of any combination of education, 08 experience, or training. 09 * Sec. 12. AS 08.48.181 is amended to read: 10 Sec. 08.48.181. REGISTRATION UPON EXAMINATION. Except as 11 provided in AS 08.48.191, for registration as a professional architect, professional 12 engineer, [OR] professional land surveyor, or professional landscape architect, a 13 person shall be examined in this state in accordance with the regulations of procedure 14 and standards adopted by the board under AS 44.62 ( [THE] Administrative Procedure 15 Act [(AS 44.62]). The procedure and standards shall at least meet the requirements 16 adopted by recognized national examining councils for these professions. 17 * Sec. 13. AS 08.48.191 is amended by adding a new subsection to read: 18 (d) A person holding a certificate of registration authorizing the person to 19 practice landscape architecture in a state, territory, or possession of the United States, 20 the District of Columbia, or a foreign country, that in the opinion of the board meets 21 the requirements of this chapter, based on verified evidence, may upon application, be 22 registered under the regulations of the board. A person holding a certificate of 23 qualification issued by the Council of Landscape Architectural Registration Boards 24 may upon application be registered under regulations of the board. 25 * Sec. 14. AS 08.48.201(a) is amended to read: 26 (a) Application for registration as a professional architect, a professional 27 engineer, [OR] a professional land surveyor, or a professional landscape architect 28 shall 29 (1) be on a form prescribed and furnished by the board; 30 (2) contain statements made under oath, showing the applicant's 31 education and a detailed summary of the applicant's technical experience; and
01 (3) contain five references, three of whom must be architects for 02 architectural registration, engineers for engineering registration, [AND] land surveyors 03 for land surveying registration, and landscape architects for landscape architectural 04 registration, having personal knowledge of the applicant's architectural, engineering, 05 [OR] land surveying, or landscape architectural education, training, or experience. 06 * Sec. 15. AS 08.48.211 is amended to read: 07 Sec. 08.48.211. CERTIFICATE OF REGISTRATION. (a) An applicant who 08 fulfills the requirements set out by the board shall be awarded a certificate of 09 registration as a professional architect, engineer, [OR] land surveyor, or landscape 10 architect, authorizing the holder to offer or perform architectural, engineering, [OR] 11 land surveying, or landscape architectural services or work for the public, or to 12 certify or sign architectural, engineering, [OR] land surveying, or landscape 13 architectural documents. Certificates of registration issued under this section shall 14 be inscribed on their face in a manner determined by the board. 15 (b) The certificate of registration sealed by the board is prima facie evidence 16 that the person named in it is entitled to all rights and privileges of a professional 17 architect, professional engineer, [OR] professional land surveyor, or professional 18 landscape architect while the certificate remains unrevoked or unexpired. 19 * Sec. 16. AS 08.48.221 is amended to read: 20 Sec. 08.48.221. SEALS. Each registrant may obtain a seal of the design 21 authorized by the board, bearing the registrant's name, registration number, and the 22 legend, "Registered Professional Architect," "Registered Professional Engineer," [OR] 23 "Registered Professional Land Surveyor," or "Registered Professional Landscape 24 Architect," as appropriate. Final drawings, specifications, surveys, plats, plates, 25 reports, and other similar documents shall, when issued, be signed and stamped with 26 the seal. The board shall adopt regulations governing the use of seals by the registrant. 27 An architect, engineer, [OR] land surveyor, or landscape architect may not affix or 28 permit a seal and signature to be affixed to an instrument after the expiration of a 29 certificate or for the purpose of aiding or abetting another person to evade or attempt 30 to evade a provision of this chapter. The registrant, by affixing the registrant's seal 31 to final drawings, specifications, surveys, plats, plates, reports, and other similar
01 documents, and signing them, certifies that these documents were prepared by or under 02 the registrant's direct supervision, unless the registrant certifies on the face of the 03 document to the extent of the registrant's responsibility. 04 * Sec. 17. AS 08.48.241(a) is amended to read: 05 (a) This chapter does not prevent a corporation from offering architectural, 06 engineering, [OR] land surveying, or landscape architectural services; however, the 07 corporation shall file with the board 08 (1) an application for a certificate of authorization upon a form to be 09 prescribed by the board and containing information required to enable the board to 10 determine whether the corporation is qualified in accordance with the provisions of this 11 chapter to offer to practice architecture, engineering, [OR] land surveying, or 12 landscape architecture in this state; 13 (2) a certified copy of a resolution of the board of directors of the 14 corporation designating persons holding certificates of registration under this chapter 15 as responsible for the practice of architecture, engineering, [OR] land surveying, or 16 landscape architecture by the corporation in this state and providing that full 17 authority to make all final architectural, engineering, [OR] land surveying, or 18 landscape architectural decisions on behalf of the corporation with respect to work 19 performed by the corporation in this state is granted by the board of directors to the 20 persons designated in the resolution; however, the filing of this resolution does not 21 relieve the corporation of any responsibility or liability imposed upon it by law or by 22 contract; 23 (3) a designation in writing setting out the name of one or more 24 persons holding certificates of registration under this chapter who are in responsible 25 charge of each major branch of the architectural, engineering, [OR] land surveying, or 26 landscape architectural activities in which the corporation specializes in this state; 27 if a change is made in the person in responsible charge of a major branch of the 28 architectural, engineering, [OR] land surveying, or landscape architectural activities, 29 the change shall be designated in writing and filed with the board within 30 days after 30 the effective date of the change. 31 * Sec. 18. AS 08.48.241(b) is amended to read:
01 (b) Upon filing with the board the application for certificate of authorization, 02 certified copy of resolution, affidavit, and designation of persons specified in this 03 section, the board shall, subject to (c) of this section, issue to the corporation a 04 certificate of authorization to practice architecture, engineering, [OR] land surveying, 05 or landscape architecture in this state upon a determination by the board that 06 (1) the bylaws of the corporation contain provisions that all 07 architectural, engineering, [OR] land surveying, or landscape architectural decisions 08 pertaining to architectural, engineering, [OR] land surveying, or landscape 09 architectural activities in this state will be made by the specified architect, engineer, 10 [OR] land surveyor, or landscape architect in responsible charge, or other registered 11 architects, engineers, [OR] land surveyors, or landscape architects under the direction 12 or supervision of the architect, engineer, [OR] land surveyor, or landscape architect 13 in responsible charge; 14 (2) the application for certificate of authorization states the type of 15 architecture, engineering, [OR] land surveying, or landscape architecture practiced 16 or to be practiced by the corporation; 17 (3) the applicant corporation has the ability to provide architectural, 18 engineering, [OR] land surveying, or landscape architectural services; 19 (4) the application for certificate of authorization states the professional 20 records of the designated person who is in responsible charge of each major branch of 21 architectural, engineering, [OR] land surveying, or landscape architectural activities 22 in which the corporation specializes; 23 (5) the application for certificate of authorization states the experience 24 of the corporation, if any, in furnishing architectural, engineering, [OR] land surveying, 25 or landscape architectural services during the preceding five-year period; 26 (6) the applicant corporation meets other requirements related to 27 professional competence in the furnishing of architectural, engineering, [OR] land 28 surveying, or landscape architectural services as may be adopted by the board in 29 furtherance of the objectives and provisions of this chapter. 30 * Sec. 19. AS 08.48.241(d) is amended to read: 31 (d) The certificate of authorization shall specify the major branches of
01 architecture, engineering, [OR] land surveying, or landscape architecture of which 02 the corporation has designated a person in responsible charge as provided in this 03 section. The certificate of authorization shall be conspicuously displayed in the place 04 of business of the corporation, together with the names of persons designated as being 05 in responsible charge of the professional activities. 06 * Sec. 20. AS 08.48.241(e) is amended to read: 07 (e) If a corporation, organized solely by either a group of architects, a group 08 of engineers, [OR] a group of land surveyors, or a group of landscape architects, 09 each holding a certificate of registration under this chapter, applies for a certificate of 10 authorization, the board may, in its discretion, grant a certificate of authorization to the 11 corporation based on a review of the professional records of the incorporators, in place 12 of the required qualifications set out in this section. If the ownership of the 13 corporation is altered, the corporation shall apply for a revised certificate of 14 authorization, based upon the professional records of the owners, if exclusively 15 architects, engineers, [OR] land surveyors, or landscape architects, or otherwise under 16 the qualifications required by (b)(1) - (4) of this section. 17 * Sec. 21. AS 08.48.241(f) is amended to read: 18 (f) A corporation authorized to offer architectural, engineering, [OR] land 19 surveying, or landscape architectural services under this chapter, together with its 20 directors and officers for their own individual acts, is responsible to the same degree 21 as the designated individual registered architect, engineer, [OR] land surveyor, or 22 landscape architect, and shall conduct its business without misconduct or malpractice 23 in the practice of architecture, engineering, [OR] land surveying, or landscape 24 architecture as defined in this chapter. 25 * Sec. 22. AS 08.48.241(g) is amended to read: 26 (g) If the board, after a proper hearing, finds that a corporation holding a 27 certificate of authorization has committed misconduct or malpractice, the board shall 28 suspend or revoke the certificate of authorization. The board shall also suspend or 29 revoke the certificate of registration of any registered individual architect, engineer, 30 [OR] land surveyor, or landscape architect who, after a proper hearing, is found by 31 the board to have participated in committing the misconduct or malpractice.
01 * Sec. 23. AS 08.48.251 is amended to read: 02 Sec. 08.48.251. PARTNERSHIPS. This chapter does not prevent the practice 03 of architecture, engineering, [OR] land surveying, or landscape architecture by 04 partnership if all of the members of the partnership are architects, engineers, [OR] land 05 surveyors, or landscape architects legally registered under this chapter. 06 * Sec. 24. AS 08.48.281 is amended to read: 07 Sec. 08.48.281. PROHIBITED PRACTICE. A person may not practice or 08 offer to practice the profession of architecture, engineering, [OR] land surveying, or 09 landscape architecture in the state, or use in connection with the person's name or 10 otherwise assume or advertise a title or description tending to convey the impression 11 that the person is a registered architect, engineer, [OR] land surveyor, or landscape 12 architect unless the person has been registered under the provisions of this chapter or 13 is a person to whom these provisions do not apply, or, in the case of a corporation, 14 unless it has been authorized under this chapter. 15 * Sec. 25. AS 08.48.281 is amended by adding new subsections to read: 16 (b) Notwithstanding (a) of this section, this chapter does not prohibit the 17 practice of landscape architecture by a person who is not registered to practice 18 landscape architecture if the services being performed by the person are within the 19 scope of practice authorized by another license that is held by the person. 20 (c) Notwithstanding the definition of the "practice of landscape architecture" 21 in AS 08.48.341, a registered landscape architect may not perform or offer to perform 22 a service described as the practice of landscape architecture in AS 08.48.341 if that 23 service also requires registration as an architect or engineer unless the landscape 24 architect is also registered as an architect or engineer, as applicable. 25 * Sec. 26. AS 08.48.291 is amended to read: 26 Sec. 08.48.291. VIOLATIONS AND PENALTIES. A person who practices 27 or offers to practice architecture, engineering, [OR] land surveying, or landscape 28 architecture in the state without being registered or authorized to practice in 29 accordance with the provisions of this chapter, or a person presenting or attempting to 30 use the certificate or the seal of another, or a person who gives false or forged 31 evidence of any kind to the board or to a member of the board in obtaining or
01 attempting to obtain a certificate, or a person who impersonates a registrant, or a 02 person who uses or attempts to use an expired or revoked or nonexistent certificate, 03 knowing of the certificate's status, or a person who falsely claims to be registered and 04 authorized to practice under this chapter, or a person who violates any of the 05 provisions of this chapter, is guilty of a misdemeanor and upon conviction is 06 punishable by a fine of not more than $10,000, or by imprisonment for not more than 07 one year, or by both. 08 * Sec. 27. AS 08.48.311 is amended to read: 09 Sec. 08.48.311. RIGHTS NOT TRANSFERABLE. The right to engage in the 10 practice of architecture, engineering, [OR] land surveying, or landscape architecture 11 is considered a personal and individual right, based on the qualifications of the 12 individual as evidenced by the individual's certificate of registration, which is not 13 transferable. 14 * Sec. 28. AS 08.48.321 is amended to read: 15 Sec. 08.48.321. EVIDENCE OF PRACTICE. A person practices or offers to 16 practice architecture, engineering, [OR] land surveying, or landscape architecture 17 who 18 (1) practices a branch of the profession of architecture, engineering, 19 [OR] land surveying, or landscape architecture as defined in AS 08.48.341; 20 (2) by verbal claim, sign, advertisement, letterhead, card, or other 21 means represents to be an architect, engineer, [OR] land surveyor, or landscape 22 architect, or through the use of some other title implies that the person is an architect, 23 engineer, [OR] land surveyor, or landscape architect; or 24 (3) holds out as able to perform or who does perform an architectural, 25 engineering, [OR] land surveying, or landscape architectural service recognized by 26 the professions covered by this chapter, and specified in regulations of the board, as 27 an architectural, engineering, [OR] land surveying, or landscape architectural 28 service. 29 * Sec. 29. AS 08.48.331 is amended to read: 30 Sec. 08.48.331. EXEMPTIONS. This chapter does not apply to 31 (1) a contractor performing work designed by a professional architect,
01 [OR] engineer, or landscape architect or the supervision of the construction of the 02 work as a supervisor or superintendent for a contractor; 03 (2) workers in building trades crafts, superintendents, supervisors, or 04 inspectors in the performance of their customary duties; 05 (3) an officer or employee of the United States government practicing 06 architecture, engineering, [OR] land surveying, or landscape architecture as required 07 by the person's official capacity; 08 (4) an employee or a subordinate of a person registered under this 09 chapter if the work or service is done under the direct supervision of a person 10 registered under this chapter; 11 (5) associates, consultants, or specialists retained by a registered 12 individual, a partnership of registered individuals, or a corporation authorized to 13 practice architecture, engineering, [OR] land surveying, or landscape architecture 14 under this chapter, in the performance of professional services if responsible charge 15 of the work remains with the individual, the partnership, or a designated representative 16 of the corporation; 17 (6) a person preparing drawings or specifications for 18 (A) a building for the person's own use and occupancy as a 19 single family residence and related site work for that building; 20 (B) farm or ranch buildings, unless the public health, safety, or 21 welfare is involved; 22 (C) a building that is intended to be used only as a residence 23 by not more than four families and that is not more than two stories high; 24 (D) a garage, workshop, or similar building that contains less 25 than 2,000 square feet of floor space to be used for a private noncommercial 26 purpose; 27 (7) a specialty contractor licensed under AS 08.18 while engaged in the 28 business of construction contracting or designing systems for work within the specialty 29 to be performed or supervised by the specialty contractor, or a contractor preparing 30 shop or field drawings for work that the specialty contractor has contracted to perform; 31 (8) a person furnishing drawings, specifications, instruments of service,
01 or other data for alterations or repairs to a building that do not change or affect the 02 structural system or the safety of the building, or that do not affect the public health, 03 safety, or welfare; 04 (9) a person who is employed by a postsecondary educational 05 institution to teach engineering, architectural, [OR] land surveying, or landscape 06 architectural courses; in this paragraph, "postsecondary educational institution" has 07 the meaning given in AS 14.48.210. 08 * Sec. 30. AS 08.48.341(2) is amended to read: 09 (2) "board" means the State Board of Registration for Architects, 10 Engineers, [AND] Land Surveyors, and Landscape Architects; 11 * Sec. 31. AS 08.48.341(4) is amended to read: 12 (4) "certificate of authorization" means a certificate issued by the board 13 authorizing a corporation to provide professional services in architecture, engineering, 14 [OR] land surveying, or landscape architecture through individuals legally registered 15 by the board; 16 * Sec. 32. AS 08.48.341 is amended by adding new paragraphs to read: 17 (16) "landscape architect" means a professional landscape architect; 18 (17) "practice of landscape architecture" means consultative, 19 investigative, reconnaissance, research, planning, design, and preparation services 20 relating to drawings and construction documents, observation of construction, and 21 location, arrangement, and design of incidental and necessary tangible objects and 22 features for the purpose of 23 (A) preservation and enhancement of land uses and natural land 24 features; 25 (B) location and construction of aesthetically pleasing and 26 functional approaches for structures, roadways, and walkways; 27 (C) establishing or maintaining trails, plantings, landscape 28 irrigation, landscape lighting, and landscape grading; or 29 (D) generalized planning of the development of land areas in 30 a manner that is sensitive to the area's natural and cultural resources; 31 (18) "professional landscape architect" means a person registered as a
01 professional landscape architect by the board. 02 * Sec. 33. AS 08.48.351 is amended to read: 03 Sec. 08.48.351. SHORT TITLE. This chapter may be cited as the Architects, 04 Engineers, [AND] Land Surveyors, and Landscape Architects Registration Act. 05 * Sec. 34. AS 14.43.310(b) is amended to read: 06 (b) To assist the administering authority in selecting eligible applicants for 07 award of each of the memorial scholarship loans under AS 14.43.250 - 14.43.325 and 08 in reviewing the memorial scholarship loan program, the following advisory 09 committees are established: 10 (1) three Alaska state troopers, each one to be selected from and to 11 represent a state trooper region of the state by the regional commander to serve for 12 three years, for the Michael Murphy memorial scholarship; 13 (2) three members of the Governor's Commission on the 14 Administration of Justice selected annually by the commission from among its 15 membership, for the Carroll L. "Butch" Swartz memorial scholarship; 16 (3) three members of the state Board of Registration for Architects, 17 Engineers, [AND] Land Surveyors, and Landscape Architects selected annually by 18 the board from among its engineer members, for the Harvey Golub memorial 19 scholarship; and 20 (4) three members of the state Board of Education, or of the staff of 21 the Department of Education, or any combination of these, selected annually by the 22 board, for the Robert L. Thomas memorial scholarship. 23 * Sec. 35. AS 44.62.330(a)(4) is amended to read: 24 (4) State Board of Registration for Architects, Engineers, [AND] Land 25 Surveyors, and Landscape Architects; 26 * Sec. 36. TERMS OF NEW MEMBERS. Notwithstanding AS 08.01.035, the initial term 27 of the new member appointed under AS 08.48.011(b), as amended by sec. 3 of this Act, is one 28 year. 29 * Sec. 37. TRANSITION. Notwithstanding this Act, a person may practice landscape 30 architecture without a certificate of registration issued under AS 08.48 until 60 days after the 31 first examination for landscape architects administered in the state under AS 08.48.181, as
01 amended by this Act, has been graded.