State legislatures are off to a fast and furious
start in 2021, with 47 out of 50 states convened for session. While
this year is no exception to the breadth of issues vying for state
lawmaker attention, at the forefront of issues are pandemic responses
and tax and budget concerns resulting from the pandemic. However,
occupational licensure reform also remains a hot topic issue in state capitols across the country.
Since
the start of 2021, roughly 35 states have waded into regulatory reform
of occupational licensure, with approximately 100 legislative proposals
being filed to date. Promisingly, no direct harmful reforms to landscape
architecture licensure laws have been filed, though ASLA’s state
government affairs team will remain vigilant
in monitoring state legislative threats towards licensure. However,
proposals related to the direct deregulation of occupations, including
landscape architecture, are of particular concern. “Consumer Choice”
acts; and “Right to Earn a Living” acts could gain traction in certain
political environments.
ASLA is also tracking bills aimed at
reducing barriers. These bills attempt to provide positive and
constructive reforms, rather than calling for deregulation and reducing
public protections. Often, these bills propose facilitating reciprocity
for military spouses, providing second chance opportunities for
individuals with a criminal past, and decreasing obstacles for those
who’ve defaulted on student loan payments.
Additionally, a
particular type of occupational licensing reform gaining support in many
corners of statehouses aspires to promote efficient mobility of
licensed individuals between states. These bills are frequently
identified as “universal licensing,” and attempt to create a
“one-size-fits-all” mobility solution across the myriad professions and
occupations licensed by states. However, many of the proposals add
additional barriers for licensed individuals, and fail to ensure
substantially equivalent requirements between states on education,
examination, and experience have been met. Counteracting these
proposals, ASLA and our partners in the Alliance for Responsible Professional Licensing
are encouraging sponsors of “universality” bills to: 1) understand that
applying a solution without first acknowledging the diversity between,
and within, occupations and professions compromises time-tested
interstate practice models, such as those implemented by the design
professions; and 2) interstate practice licensing reform should not
create new barriers that are unnecessary and counterproductive.
ASLA
is also tracking other pertinent legislation affecting the landscape
architecture industry. Most significantly, the Illinois House Bill 246,
which would reinstate a title act. The bill was introduced on January
25. ASLA, the state chapter, and the state’s department of professional
regulation are hopeful the bill will pass and be signed into law this
year. Staff is also tracking legislation impacting the profession
related procurement, public works contracting, urban design issues,
professional services taxing, and appropriations.