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HOUSE BILL NO. 291
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE CLAMAN
Introduced: 2/24/20
Referred: Labor & Commerce, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to commercial interior designers and commercial interior design;
2 establishing registration and other requirements for the practice of professional
3 commercial interior design; relating to the State Board of Registration for Architects,
4 Engineers, and Land Surveyors; relating to liens for labor or materials furnished;
5 relating to the procurement of commercial interior design services; and providing for an
6 effective date."
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
8 * Section 1. AS 08.01.010(3) is amended to read:
9 (3) State Board of Registration for Architects, Engineers, [AND] Land
10 Surveyors, Landscape Architects, and Commercial Interior Designers
11 (AS 08.48.011);
12 * Sec. 2. AS 08.01.065(f) is amended to read:
13 (f) Notwithstanding (c) of this section, the department shall establish fee levels
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1 under (a) of this section so that the total amount of fees collected by the State Board of
2 Registration for Architects, Engineers, [AND] Land Surveyors, Landscape
3 Architects, and Commercial Interior Designers approximately equals the total
4 regulatory costs of the department and the board for all occupations regulated by the
5 board. The department shall set the fee levels for the issuance and renewal of a
6 certificate of registration issued under AS 08.48.211 so that the fee levels are the same
7 for all occupations regulated by the board.
8 * Sec. 3. AS 08.03.010(c)(3) is amended to read:
9 (3) State Board of Registration for Architects, Engineers, [AND] Land
10 Surveyors, Landscape Architects, and Commercial Interior Designers
11 (AS 08.48.011) - June 30, 2025;
12 * Sec. 4. AS 08.48.011(a) is amended to read:
13 (a) There is created the State Board of Registration for Architects, Engineers,
14 [AND] Land Surveyors, Landscape Architects, and Commercial Interior
15 Designers. The board shall administer the provisions of this chapter and comply with
16 AS 44.62 (Administrative Procedure Act).
17 * Sec. 5. AS 08.48.011(b) is amended to read:
18 (b) The board consists of 13 [11] members appointed by the governor having
19 the qualifications as set out in AS 08.48.031. The board consists of two civil
20 engineers, two land surveyors, one mining engineer, one electrical engineer, one [OR]
21 mechanical engineer, one engineer from another branch of the profession of
22 engineering, two architects, one landscape architect, one commercial interior
23 designer, and one public member.
24 * Sec. 6. AS 08.48.061(c) is amended to read:
25 (c) The board may make expenditures from appropriated funds for any
26 purpose that is reasonably necessary for the proper performance of its duties under this
27 chapter. This may include the expenses of the board delegates to attend meetings of
28 councils of architect examiners, engineering examiners, land surveyor examiners,
29 commercial interior designer examiners, or landscape architect examiners, or any of
30 their subdivisions. The total amount of disbursements issued in payment of the
31 expenses incurred under this chapter may not exceed the amount of money
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1 appropriated by the legislature.
2 * Sec. 7. AS 08.48.071(f) is amended to read:
3 (f) The department shall assemble statistics relating to the performance of its
4 staff and the performance of the board, including
5 (1) the number of architects, engineers, land surveyors, commercial
6 interior designers, and landscape architects registered over a five-year period;
7 (2) the rate of passage of examinations administered by the board;
8 (3) the number of persons making application for registration as a
9 professional architect, engineer, land surveyor, commercial interior designer, or
10 landscape architect over a five-year period;
11 (4) an account of registration fees collected under AS 08.01.065;
12 (5) a measure of the correspondence workload of any licensing
13 examiner employed by the department to carry out this chapter.
14 * Sec. 8. AS 08.48.111 is amended to read:
15 Sec. 08.48.111. Power to revoke, suspend, or reissue certificate. The board
16 may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant,
17 corporation, limited liability company, or limited liability partnership who is found
18 guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence,
19 incompetence, or misconduct in the practice of architecture, engineering, land
20 surveying, commercial interior design, or landscape architecture; or (3) a violation of
21 this chapter, a regulation adopted under this chapter, or the code of ethics or
22 professional conduct as adopted by the board. The code of ethics or professional
23 conduct shall be distributed in writing to every registrant and applicant for registration
24 under this chapter. This publication and distribution of the code of ethics or
25 professional conduct constitutes due notice to all registrants. The board may revise and
26 amend its code and, upon doing so, shall immediately notify each registrant in writing
27 of the revisions or amendments. The board may, upon petition of the registrant,
28 corporation, limited liability company, or limited liability partnership, reissue a
29 certificate if a majority of the members of the board vote in favor of the reissuance.
30 * Sec. 9. AS 08.48.171 is amended to read:
31 Sec. 08.48.171. General requirements and qualifications for registration.
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1 An applicant for registration as an architect, engineer, land surveyor, commercial
2 interior designer, or landscape architect must be of good character and reputation and
3 shall submit evidence satisfactory to the board of the applicant's education, training,
4 and experience. However, an applicant for registration as a land surveyor may not be
5 required to submit evidence of more than eight years of any combination of education,
6 experience, or training.
7 * Sec. 10. AS 08.48.181 is amended by adding a new subsection to read:
8 (b) Except as provided in AS 08.48.191, for registration as a professional
9 commercial interior designer, a person shall be examined in this state in accordance
10 with the regulations of procedure and standards adopted by the board under AS 44.62
11 (Administrative Procedure Act). The procedure and standards must include meeting all
12 eligibility requirements in (a) of this section and successfully completing the
13 examination administered by the Council for Interior Design Qualification or its
14 successor.
15 * Sec. 11. AS 08.48.191 is amended by adding a new subsection to read:
16 (e) A person holding a certificate of registration authorizing the person to
17 practice commercial interior design in a state, territory, or possession of the United
18 States, the District of Columbia, or a foreign country that, in the opinion of the board,
19 meets the requirements of this chapter, based on verified evidence, may, upon
20 application, be registered in accordance with the regulations of the board.
21 * Sec. 12. AS 08.48.201(a) is amended to read:
22 (a) Application for registration as a professional architect, a professional
23 engineer, a professional land surveyor, a professional commercial interior designer,
24 or a professional landscape architect shall
25 (1) be on a form prescribed and furnished by the board;
26 (2) contain statements made under oath, showing the applicant's
27 education and a detailed summary of the applicant's technical experience; and
28 (3) contain five references, three of whom must be architects for
29 architectural registration, engineers for engineering registration, land surveyors for
30 land surveying registration, architects or commercial interior designers for
31 commercial interior design registration, and landscape architects for landscape
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1 architectural registration, having personal knowledge of the applicant's architectural,
2 engineering, land surveying, commercial interior design, or landscape architectural
3 education, training, or experience.
4 * Sec. 13. AS 08.48.211 is amended to read:
5 Sec. 08.48.211. Certificate of registration. (a) An applicant who fulfills the
6 requirements set out by the board shall be awarded a certificate of registration as a
7 professional architect, engineer, land surveyor, commercial interior designer, or
8 landscape architect, authorizing the holder to offer or perform architectural,
9 engineering, land surveying, commercial interior design, or landscape architectural
10 services or work for the public, or to certify or sign architectural, engineering, land
11 surveying, commercial interior design, or landscape architectural documents.
12 Certificates of registration issued under this section shall be inscribed on their face in a
13 manner determined by the board.
14 (b) The certificate of registration sealed by the board is prima facie evidence
15 that the person named in it is entitled to all rights and privileges of a professional
16 architect, professional engineer, professional land surveyor, professional commercial
17 interior designer, or professional landscape architect while the certificate remains
18 unrevoked or unexpired.
19 * Sec. 14. AS 08.48.215(a) is amended to read:
20 (a) On retiring from practice and payment of an appropriate one-time fee, an
21 individual who is a registrant in good standing with the board may apply for the
22 conversion of a certificate of registration to a retired status registration. An individual
23 holding a retired status registration may not practice architecture, engineering, land
24 surveying, commercial interior design, or landscape architecture in the state. A
25 retired status registration is valid for the life of the registration holder and does not
26 require renewal.
27 * Sec. 15. AS 08.48.221(a) is amended to read:
28 (a) Each registrant may obtain a seal of the design authorized by the board,
29 bearing the registrant's name, registration number, and the legend "Registered
30 Professional Architect," "Registered Professional Engineer," "Registered Professional
31 Land Surveyor," "Registered Professional Commercial Interior Designer," or
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1 "Registered Professional Landscape Architect," as appropriate. When a registrant
2 issues final drawings, specifications, surveys, plats, plates, reports, or similar
3 documents, the registrant shall stamp the documents with the seal and sign the seal.
4 The board shall adopt regulations governing the use of seals by the registrant. An
5 architect, engineer, land surveyor, commercial interior designer, or landscape
6 architect may not affix or permit a seal and signature to be affixed to an instrument
7 after the expiration of a certificate or for the purpose of aiding or abetting another
8 person to evade or attempt to evade a provision of this chapter. The registrant, by
9 affixing the registrant's seal to final drawings, specifications, surveys, plats, plates,
10 reports, or similar documents, and by signing the seal, certifies that the documents
11 were prepared by or under the registrant's direct supervision, are within the registrant's
12 field of practice, or constitute design work of minor importance.
13 * Sec. 16. AS 08.48.241(a) is amended to read:
14 (a) This chapter does not prevent a corporation, limited liability company, or
15 limited liability partnership from offering architectural, engineering, land surveying,
16 commercial interior design, or landscape architectural services; however, the
17 corporation, limited liability company, or limited liability partnership shall file with
18 the board
19 (1) an application for a certificate of authorization on [UPON] a form
20 to be prescribed by the board and containing information required to enable the board
21 to determine whether the corporation, limited liability company, or limited liability
22 partnership is qualified in accordance with the provisions of this chapter to offer to
23 practice architecture, engineering, land surveying, commercial interior design, or
24 landscape architecture in this state;
25 (2) a certified copy of a resolution of the board of directors of the
26 corporation, the managing members or manager of the limited liability company, or
27 the general partners of a limited liability partnership designating persons holding
28 certificates of registration under this chapter as responsible for the practice of
29 architecture, engineering, land surveying, commercial interior design, or landscape
30 architecture by the corporation, limited liability company, or limited liability
31 partnership in this state and providing that full authority to make all final architectural,
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1 engineering, land surveying, commercial interior design, or landscape architectural
2 decisions on behalf of the corporation, limited liability company, or limited liability
3 partnership with respect to work performed by the corporation, limited liability
4 company, or limited liability partnership in this state is granted by the board of
5 directors of the corporation, the managing members or manager of the limited liability
6 company, or the general partners of the limited liability partnership to the persons
7 designated in the resolution; however, the filing of this resolution does not relieve the
8 corporation, limited liability company, or limited liability partnership of any
9 responsibility or liability imposed on [UPON] it by law or by contract;
10 (3) a designation in writing setting out the name of one or more
11 persons holding certificates of registration under this chapter who are in responsible
12 charge of each major branch of the architectural, engineering, land surveying,
13 commercial interior design, or landscape architectural activities in which the
14 corporation, limited liability company, or limited liability partnership specializes in
15 this state; if a change is made in the person in responsible charge of a major branch of
16 the architectural, engineering, land surveying, commercial interior design, or
17 landscape architectural activities, the change shall be designated in writing and filed
18 with the board within 30 days after the effective date of the change.
19 * Sec. 17. AS 08.48.241(b) is amended to read:
20 (b) Upon filing with the board the application for certificate of authorization,
21 certified copy of resolution, affidavit, and designation of persons specified in this
22 section, the board shall, subject to (c) of this section, issue to the corporation, limited
23