Todd Briggs is at the height of his career as a landscape architect.
After years at a larger firm, he started his own business. He has challenging projects, including one to redesign a portion of the banks of the Rio Salado, and another to create a comfortable space where students at an Arizona State University dorm can socialize and study.
But he fears his career in Arizona may now be in jeopardy.
Lawmakers are advancing House Bill 2613, a proposal by Gov. Doug Ducey, to abolish state licenses for landscape architects, food-packing contractors, geologists, driving-school teachers, yoga instructors and assayers, who test materials to determine their pureness. The legislation also repeals licensing for people who do cremations.
Ducey has vowed to make it easier to enter the workforce, saying licenses are required for too many jobs, stifling competition and job growth. The licensing requirements have created a “maze of bureaucracy for small-business people looking to earn an honest living," he said in his State of the State address.
But critics say licenses were required for a reason: to ensure those who identify themselves as professionals have met minimum industry standards, and to protect consumers from unscrupulous operators.
Without state licenses, Briggs said, landscape architects licensed in other states could gobble up Arizona contracts. Contracts with state and local governments could be threatened because the agreements require state licensing, which also is a requirement for liability insurance, he said.
"The licenses ensure we meet a minimum requirement for safety," said Briggs, of central Phoenix. "That's why we are licensed. We have an educational background, an experienced background and we've been able to prove through licensure that we understand all the dynamics related to safety."
HB 2613 would also direct the Department of Administration to study transferring state regulatory boards — except those that affect health-related professions — to a new division with the Department of Administration. Currently, many of the boards operate independently and Ducey staffers say they've discovered duplicative and questionable expenses.
The bill is advancing through the state Legislature over the protests of dozens who packed a hearing room at the state Capitol this month, with one exception: Yoga instructors are supporting it. No driving instructors or their representatives have spoken for or against the bill.
Those opposed to the legislation have warned de-licensing could expose the public to unscrupulous workers and unsafe public spaces. They also argue it could create problems for Arizona businesses that rely on state licensing to work on projects in other states, and for insurance.
It could jeopardize food safety, said Shelly Tunis, who represents the Yuma Fresh Vegetable Association.
Arizona is the second-largest producer of lettuce and leafy greens in the U.S., producing and shipping 3.4 billion pounds of fruits and vegetables last year, according to the Citrus, Fruit and Vegetable Advisory Council, which is urging Ducey to keep requirements for packer licenses in place.
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But Rep. Warren Petersen, R-Gilbert, who introduced the legislation, argued licensed professionals in those fields, and any other, can still be dishonest or unskilled. If problems arise, he said, they can be settled through civil court proceedings. Unhappy customers could also write reviews on popular sites such as Yelp or Angie's List.
Petersen explained the legislation requires those who want to use titles or insignia to tout professional services would still have to meet certain criteria. They would have to have a certificate of qualification from a national bureau of registration or certification or a degree from an accredited institution in the field.
"This is not like it's going from level 10 regulation to level 0 regulation. We're dialing it down," Petersen told the crowd. "There's laws on the books. You break laws on the books, a court will punish you. If you break a criminal law, a police officer is going to arrest you. So, I mean, it's not like there's no recourse whatsoever. Plus, you have your free-market recourse, which are: Bad people go out of business. Bad people get sued. Bad people have liability."
Petersen said professionals who say they need Arizona licenses to qualify for projects outside of Arizona can apply for licenses from those states instead of Arizona's Board of Technical Registration.
That board licenses a variety of professions, including engineers, architects and land surveyors. The executive director of the board said 912 landscape architects, 1,057 geologists and 24 assayers were licensed as of February. Arizona is the only state to license assayers.
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