At the beginning of the regular session just
concluded, as part of his legislative
package Democrat Gov. John Bel Edwards
included occupational licensing reform. It led to speculation
that he might lead a move against unnecessary and onerous regulations that
stifled business and professional development.
Louisiana has the nation’s worst record in that
regard, particularly badly affecting lower-income jobs, which Republican state
Rep. Julie
Emerson wished to change with a raft of bills aiming to eliminate licensing
requirements with no genuine basis for existence. A smattering of other bills,
most notably HB
825 by GOP state Rep. Polly Thomas,
hoped to do the same.
Edwards included Emerson’s HB 561 and HB 562 on his list to back. The former would have finished a job started a few years ago to excise regulations of florists. Only Louisiana imposes that, and the present requirement asks for substantially less than it once did. The latter would have created a regular review system where a compulsory license would disappear unless regulators could demonstrate its continuing relevance. HB 825 would have given citizens the right to regulatory relief from these strictures and would have required the executive branch to justify the existence of all occupational licenses by 2020.
Yet Edwards did not include that one, nor other
bills of Emerson’s that addressed licensing for landscape horticulturalists,
cosmetologists, and interior designers. In retrospect, that signaled his real
intent, which was to pay the issue lip service, then do little to help passage
of these bills.
Some never even received a committee hearing,
while other foundered at that stage. One failed on the House floor, and the
only one to escape that, the substitute HB 748 for
HB 562, the Senate
Commerce, Consumer Protection, and International Affairs Committee essentially
gutted. Instead of the governor’s office to the Legislature justifying new
regulations and analyzing existing ones for serviceability with periodic
reports concerning the latter, what emerged only asked the governor’s office to
come up with reports over the next five years making any recommendations it may
see fit regarding licensing criteria.
This version having made it through the Senate,
then House, and on to Edwards, onto it Emerson tried to put a brave face. “The
meat of it is still there,” she argued. True; the meat being that on the hens,
while the bill now lets the fox guard the henhouse.
Existing law already requests that governors
whenever they see fit to provide commentary to legislators about licensing.
They don’t, because having all those different licenses means having more
boards to patrol these, more boards mean more gubernatorial appointees, and
more appointees means more chances to curry favors and campaign cash. And in
the case of any liberal Democrat like Edwards, it allows the chief executive to
indulge in keeping government as inflated as possible.
No genuine reform will come if making discretionary
its initiation by the executive branch. Look for whatever reports to emerge as
little, if anything, to challenge the status quo. And after Edwards signs the
do-nothing bill to prompt this, he’ll declare victory and call it a promise
kept all the while retaining larger government and maximal opportunities to
exchange appointments for support.
Which only goes to show, in the wrong hands even
the easiest, most justified reduction of government power won’t happen when it
threatens reducing a political payoff.
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