Regulatory Reform Requires Different Elected Officials

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Don’t get me wrong.  I like the regulatory suggestion put forward by Republican U.S. Senator Mike Lee of Utah, as Eric Boehm describes on Reason thus:

The Supreme Court in 2014 overturned a North Carolina Board of Dental Examiners ban on non-dentists offering teeth whitening services. The ruling opened the door to lawsuits against state-level licensing boards that behave like private-sector monopolies by enforcing anti-competitive rules against their very own potential competitors. …

Sen. Mike Lee, R-Utah, on Thursday will introduce a bill that would give states two paths to immunity. The first by bringing state licensing boards under direct supervision by the legislative and executive branches. The second by requiring states to show why a certain licensing requirement is necessary to protect public health and safety.

Lee’s “Restoring Board Immunity Act” creates a limited, conditional exemption shielding licensing boards from federal antitrust lawsuits, but only for states that change how their licensing boards operate and how courts handle disputes between those boards and individuals subjected to their rules.

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The problem, in Rhode Island, is that I think the new rules would apply only to licensing bureaucrats, not legislators, and that’s where the problem lies.  For a forthcoming brief from the RI Center for Freedom & Prosperity, I’ve been reviewing the (let’s pretend) deliberative process behind some legislation introduced into the state’s General Assembly with an eye toward pricing some of the proposals, and I found the experience depressing.

Consider the paid-time-off legislation that is on the cusp of passing into law.  From what I can tell, nobody in our government made any effort to estimate how much this mandate would our neighbors’ businesses.  (It’s a lot.)  To them, the cost is beside the point.

As for the supposedly limited authority of government, our elected officials simply don’t believe in the concept.  Any freedoms that you continue to enjoy in Rhode Island, you enjoy entirely by their sufferance.  Your money is theirs to collect.  Your psychiatry is theirs to control.  Your actions are theirs to regulate.

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  • Rhett Hardwick

    So long as we are a state where politics is a “profession” it cannot be expected that the politicians will shoot them themselves in the foot. I understand that NH has very short legislative sessions and representatives are unpaid. I have no sources to compare anything.

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