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HB0215a -1- HB 215
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HOUSE BILL NO. 215
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE SADDLER
Introduced: 4/30/25
Referred: Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
"An Act extending the termination date of the State Board of Re gistration for 1
Architects, Engineers, and Land Surveyors; relating to the Stat e Board of Registration 2
for Architects, Engineers, and Land Surveyors; rel ating to the practice of architecture, 3
engineering, land surveyors, and landscape architecture; relati ng to scope of the 4
certification requirements for architects, engineers, land surv eyors, and landscape 5
architects; relating to immunity for design professionals; rela ting to liens for labor or 6
materials furnished; relating to the procurement of landscape a rchitectural services; 7
and providing for an effective date." 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 9
* Section 1. AS 08.03.010(c)(3) is amended to read: 10
(3) State Board of Registration for Architects, Engineers, and L a n d 11
Surveyors (AS 08.48.011) - June 30, 2033 [2025]; 12
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* Sec. 2. AS 08.48.011(b) is amended to read: 1
(b) The board consists of 12 [11] members appointed by the governor having 2
the qualifications as set out in AS 08.48.031. The board consists of 3
(1) two civil engineers; 4
(2) [,] two land surveyors; 5
(3) [,] one mining, petroleum, or chemical engineer; 6
(4) [,] one electrical engineer; 7
(5) one [OR] mechanical engineer; 8
(6) [,] one engineer from another branch of the profession of 9
engineering; 10
(7) [,] two architects; 11
(8) [,] one landscape architect; [,] and 12
(9) one public member. 13
* Sec. 3. AS 08.48.055(a) is amended to read: 14
(a) The department, in consulta tion with the board, shall empl oy two persons 15
who are not members of the board. One shall serve as the execut ive administrator of 16
the board. The other shall serve as investigator for the board. The executive 17
administrator is the principal executive officer of the board , [AND IS] in the partially 18
exempt service under AS 39.25.120 , and entitled to receive a monthly salary equal 19
to a step in Range 23 on the salary schedule set out in AS 39.27.011(a). 20
* Sec. 4. AS 08.48.111 is amended to read: 21
Sec. 08.48.111. Power to revoke, sus pend, or reissue certificat e. The board 22
may suspend, refuse to renew, or revoke the certificate of or r eprimand a registrant, 23
corporation, limited liability co mpany, limited liability partn ership, or limited 24
partnership who is found guilty of (1) fraud or deceit in obtai ning a certificate; (2) 25
gross negligence, incompetence, or misconduct in the practice o f architecture, 26
engineering, land surveying, or landscape architecture; or (3) a violation of this 27
chapter, a regulation adopted under this chapter, or the code o f ethics or professional 28
conduct as adopted by the board. The board [THE CODE OF ETHICS OR 29
PROFESSIONAL CONDUCT] shall notify registrants [BE DISTRIBUTED IN 30
WRITING TO EVERY REGISTRANT] and applicants [APPLICANT] for 31
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registration under this chapter of the code of ethics or professional conduct. The 1
board shall immediately notify registrants of revisions or amen dments to the 2
code of ethics or professional conduct . [THIS PUBLICATION AND 3
DISTRIBUTION OF THE CODE OF ETHICS OR PROFESSIONAL CONDUCT 4
CONSTITUTES DUE NOTICE TO ALL REGISTRANTS. THE BOARD MAY 5
REVISE AND AMEND ITS CODE AND, UPON DOING SO, SHALL 6
IMMEDIATELY NOTIFY EACH REGISTRANT IN WRITING OF THE 7
REVISIONS OR AMENDMENTS.] The board may, upon petition of the r egistrant, 8
corporation, limited liability co mpany, limited liability partn ership, or limited 9
partnership, reissue a certificat e i f a m a j o r i t y o f t h e m e m b e r s of the board vote in 10
favor of the reissuance. 11
* Sec. 5. AS 08.48.331(a) is amended to read: 12
(a) This chapter does not apply to 13
(1) a contractor performing work designed by a professional ar chitect, 14
engineer, or landscape architect or the supervision of the cons truction of the work as a 15
supervisor or superintendent for a contractor; 16
(2) workers in building trades crafts, earthwork, grounds keep ing, or 17
nursery operations, and superint endents, supervisors, or inspec tors in the performance 18
of their customary duties; 19
(3) an officer or employee of t he United States government pra cticing 20
architecture, engineering, land surveying, or landscape archite cture as required by the 21
person's official capacity; 22
(4) an employee or a subordinate of a registrant if the work o r service 23
is done under the direct supervision of a registrant; 24
(5) associates, consultants, or specialists retained by a regi strant, [A] 25
partnership of registered indivi duals, [A] corporation, [A] lim ited liability company, 26
[A] limited liability partnership, or [A] limited partnership a uthorized to practice 27
architecture, engineering, land surveying, or landscape archite cture under this chapter, 28
in the performance of professiona l services if responsible char ge of the work remains 29
with the registrant, the partnership, or a designated represent ative of the corporation, 30
limited liability company, limited liability partnership, or limited partnership; 31
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(6) a person preparing drawings or specifications for 1
(A) a building for the person's own use and occupancy as a 2
single family residence and related site work for that building; 3
(B) farm or ranch buildings and their grounds unless the publi c 4
health, safety, or welfare is involved; 5
(C) a building that is intended to be used only as a residence by 6
not more than 7
(i) four families and that is not more than two stories 8
high and the grounds of the building; or 9
(ii) two families and that is not more than three stories 10
high and the grounds of the building, if the building is locate d in a 11
municipality that has adopted a building or residential code th at applies 12
to the building and if the building complies with the building or 13
residential code; 14
(D) a garage, workshop, or similar building that contains less 15
than 2,000 square feet of floor space to be used for a private noncommercial 16
purpose and the grounds of the building; 17
(7) a specialty contractor licensed under AS 08.18 while engag ed in 18
the business of construction cont racting for work designed by a n architect, engineer, 19
or landscape architect that is within the specialty to be perfo rmed or supervised by the 20
specialty contractor, or a contractor preparing shop or field d rawings for work that the 21
specialty contractor has contracted to perform; 22
(8) a person furnishing drawing s, specifications, instruments of 23
service, or other data for alterations or repairs to a building or its grounds that do not 24
change or affect the structural system or the safety of the building, or that do not affect 25
the public health, safety, or welfare; 26
(9) a person who is employed by a postsecondary educational 27
institution to teach engineering, architectural, or landscape a rchitectural courses; in 28
this paragraph, "postsecondary educational institution" has the meaning given in 29
AS 14.48.210; 30
(10) an officer or employee of a n individual, firm, partnershi p, 31
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association, utility, corporation, limited liability company, limited liability partnership, 1
or limited partnership, who practices engineering, architecture , land surveying, or 2
landscape architecture involved in the operation of the employe r's business only [, 3
AND FURTHER] if neither the employee nor the employer offers en gineering, 4
architecture, land surveying, or landscape architecture service s to the public; 5
exclusions under this paragraph do not apply to an officer or employee practicing 6
engineering, architecture, land surveying, or landscape architecture on 7
(A) [TO] buildings or structures whose primary use is public 8
occupancy; or 9
(B) natural gas pipelines; in this subparagraph, "natural 10
gas pipeline" has the meaning given in AS 31.25.390; 11
(11) a person while involved in revegetation, restoration, rec lamation, 12
rehabilitation, or erosion control for disturbed land that the board determines does not 13
affect the public health, safety, or welfare; 14
(12) a person while maintaining or directing the placement of plant 15
material that the board determines does not affect the public health, safety, or welfare; 16
(13) an employee, officer, or agent of a regulatory agency of the state 17
or a municipality when reviewing drawings and specifications for compliance with the 18
building codes of the state or a municipality if the drawings a nd specifications have 19
been sealed and signed by an architect, engineer, land surveyor , or landscape architect 20
or the preparation of the drawings and specifications is exempt under this section from 21
the requirements of this chapter; in this paragraph, "building codes" includes codes 22
relating to building, mechanical , plumbing, elect rical, fire sa fety standards, and 23
zoning; 24
(14) a person who is designing fire protection systems and is 25
authorized by the Department of Public Safety to design fire protection systems; 26
(15) a person who is 27
(A) authorized to construct, install, or modify a 28
conventional onsite wastewater system by the Department of 29
Environmental Conservation under AS 46.03.100; and 30
(B) constructing, installing, or modifying a conventional 31
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onsite wastewater system that serves a commercial facility and has a 1
design flow of 500 gallons of wastewater a day or less. 2
* Sec. 6. AS 08.48.331 is amended by adding a new subsection to read: 3
(c) The Department of Environm ental Conservation may adopt reg ulations 4
limiting the locations in the state in which (a)(15) of this section applies. 5
* Sec. 7. AS 23.30.017(c)(1) is amended to read: 6
(1) "design professional" means a person registered under AS 0 8.48 as 7
an architect, engineer, [OR] land surveyor, or landscape architect; 8
* Sec. 8. AS 34.35.050 is amended to read: 9
Sec. 34.35.050. Lien for labor or materials furnished. A person has a lien, 10
only to the extent provided under this chapter, to secure the p ayment of the contract 11
price if the person 12
(1) performs labor on [UPON] real property at the request of the owner 13
or the agent of the owner for the construction, alteration, or repair of a building or 14
improvement; 15
(2) is a trustee of an employee benefit trust for the benefit of 16
individuals performing labor on the building or improvement and has a direct contract 17
with the owner or the agent of the owner for direct payments into the trust; 18
(3) furnishes materials that are delivered to real property un der a 19
contract with the owner or the agent of the owner that are inco rporated in the 20
construction, alteration, or repair of a building or improvement; 21
(4) furnishes equipment that is delivered to and used on [UPON] real 22
property under a contract with the owner or the agent of the ow ner for the 23
construction, alteration, or repair of a building or improvement; 24
(5) performs services under a contract with the owner or the a gent of 25
the owner in connection with the preparation of plans, surveys, or architectural , [OR] 26
engineering, or landscape architectural plans or drawings for the construction, 27
alteration, or repair of a buildin g or improvement, whether or not actually 28
implemented on that property; or 29
(6) is a general contractor. 30
* Sec. 9. AS 36.30.270(a) is amended to read: 31
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(a) Notwithstanding conf licting provisions of AS 36.30.100 - 3 6.30.260, a 1
procurement officer shall negotiate a contract for an agency wi th the most qualified 2
and suitable firm or person of demonstrated competence for architectural, engineering, 3
[OR] land surveying , or landscape architectural services. The procurement officer 4
shall award a contract for those services at fair and reasonabl e compensation as 5
determined by the procurement officer, after consideration of t he estimated value of 6
the services to be rendered, and the scope, complexity, and pro fessional nature of the 7
services. When determining the most qualified and suitable firm or person, the 8
procurement officer shall consider the 9
(1) proximity to the project site of the office of the firm or p e r s o n 10
unless federal law prohibits this factor from being considered in the awarding of the 11
contract; and 12
(2) employment practices of the firm or person with regard to women 13
and minorities. 14
* Sec. 10. AS 36.30.270(d) is amended to read: 15
(d) Notwithstanding the other provisions of this section, a pr ocurement officer 16
may include price as an added factor in selecting architectural , engineering, [AND] 17
land surveying, and landscape architectural services when, in the judgment of the 18
procurement officer, the services required are repetitious in n ature, and the scope, 19
nature, and amount of services r equired are thoroughly defined by measurable and 20
objective standards to reasonably enable firms or persons makin g proposals to 21
compete with a clear understandi ng and interpretation of the se rvices required. In 22
order to include price as a factor in selection, a majority of the persons involved by the 23
procurement officer in evaluati on of the proposals must be regi stered in the state to 24
perform architectural, engineering, [OR] land surveying , or landscape architectural 25
services. 26
* Sec. 11. AS 36.30.305(e) is amended to read: 27
(e) Architectural, engineering, [AND] land survey , and landscape 28
architectural contracts under AS 36.30.270 may not be made under this section. 29
* Sec. 12. AS 08.48.011(c) is repealed. 30
* Sec. 13. This Act takes effect July 1, 2025. 31