Ohio REINS Act - AFP

Episode Transcript

Speaker 1 (00:00):
I have KCD talk station Heavy Wednesday. No Judge to

(00:07):
Polatona today. He had a prior engagement, so I did
read from his column this morning. But today we get
the return to Donovan and Neil from Americans for Prosperity. Donovan,
welcome back to the morning show, my friend. It's always
great having.

Speaker 2 (00:18):
You on prank.

Speaker 1 (00:20):
Good to be back with you. And so we got
a high version of the Rains Act regulations from the
Executive in Need of Scrutiny Act. Is that what we're
talking about here.

Speaker 2 (00:31):
Absolutely, We've got the opportunity to get that done here
in the Buckeye State. It's never been more important.

Speaker 1 (00:37):
All Right, Well, let's break it down from a listening
audience and for me too as well. Let's talk about
why we needed and why it's so important.

Speaker 2 (00:45):
Yeah. Well, when we talk about regulatory reform, there's a
couple of different things you can do, and we're seeing
that happen here in Ohio over the last several years.
But we're seeing an extra level of spotlight on it
at the national level with the new Trump administration and
what they're doing with things like dough. So what you
got to do first is you got to inventory the
red tape. You got to know how bad the problem is, right,

(01:07):
the red tape and regulations, and we've we've got that
here in Ohio through some bills we've passed over the
last few years. The other thing you could do is
you can doze it up, right. You can take that
Government Efficiency Department and really start looking and just refining
and cutting and removing the excess agencies and spending that
doesn't need to be there. But if you want to

(01:28):
really stop the growth, which is I think the important
thing to do here, right, we've got to stop the
proliferation and growth of regulations. You need the Rains Act,
which proactively requires any ruler regulation over a certain dollar threshold.
And we could break that down for you here in
a minute, But any ruler regulation over a dollar a
certain dollar threshold from the executives the governor in this

(01:49):
case in Ohio to go before the entire legislative body.
So they've got to convince a majority of one hundred
and thirty two members across the House and Senate that
this is a good idea. Putting these new rules and
rags could to have a significant cost to the economy,
are a good idea and the intent of the legislature
when they originally passed whatever law the governor's citing for

(02:10):
this new.

Speaker 1 (02:10):
Authority, which I mean, and therein lies the problem in
a federal government. And unfortunately, the Supreme Court, the United
States Supreme Court stepped in and on its own has
helped pair back certain rags, like a tablespoon of water
is not a navigable stream, even though the eggheads behind
the scenes of the EPA determined that it was by

(02:33):
implementing an arbitrary and capricious regulation, and that has a
significant and profound impact on so much land use. So
Supreme Court said, no, no, you can't do that. The
power that the regulations must specifically come from an authority
that was delegated under the law, and you've exceeded that authority.
So it's kind of a sliding scale moving approach. The

(02:54):
Rains Act actually would be a law codifying that reality.
So for anything that impacts economy more than X number
of dollars, which we'll get to in a minute, that
the legislative branch has to specifically approve the regulation.

Speaker 2 (03:10):
That's right, and this is going to force legislatures to
do things that they've sort of abdicated over the last
several decades, right, which is saying we don't have claiming,
we don't have the expertise to create the definition of
the law, really really do lawmaking, which is our job,
which is really their job. Right now, we're going to
hand it over to another agency, another branch of government.

Speaker 3 (03:29):
Fill then deal with it. Yeah.

Speaker 1 (03:31):
Yeah, here's here's a couple of words on a sheet
of paper. You guys do all the laboring work behind
the scenes. And oh, by the way, none of you
are accountable to the voters for doing what you do.
Let's pause. We'll bring Donovan and Neil back and get
some of the specifics on this. The dollar Man's one
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Speaker 1 (06:20):
At seven forty or fifty five Krcity Talks station, Donald
and Neil Americans for Prosperity going over this Ohio version
of the Rains Act. And I think it's an important
piece of legislation. You know, I got to go back
to the high comedy that we just briefly touched upon
there at the end. You know, we elect people to
represent us in Columbus, and they're not experts. That they're not.

(06:43):
I mean, they may be an expert in some given field.
I mean, there could be a physician up there who
was a cardiac specialist, and if you ask them things
about cardiac issues or medical issues related related to your heart,
he could probably answer questions all day long. But if
you ask him something about technology, he'll give you a
deer in the headlights kind of look. And yet they
are legislating literally over every aspect of our lives, people

(07:05):
who don't have a fundamental understanding of what they're legislating over.
It reminds me that we elected somebody to member of Congress.
They thought Guam was going to capsize if we built
another building on it. That's how dumb some of them are, right, Donovan.
So what happened? Somebody gets a bug in their ear
and it's probably some lobbyists looking out for some companies

(07:26):
or some industries own best interests and says, you really
need to pass the law that does X, and it
has some appeal and it resonates with half of these
members and they think, you know, that sounds like a
great idea, but the devils in the details. They don't
put the details into legislation. They just pass it. You know,
widgets shall be manufactured according to industry standards, and then

(07:47):
somebody can behind the scenes, creates industry standards and ends
up regulating something to the point where it makes it
too expensive or whatever happens. But they're dumb collectively speaking,
and I don't need to be insulting to them. I
am dumb on a whole lot of topics as well.
But that's where all these regulations come from. Right, they
go to the back room, and they got the eggheads

(08:08):
in the back who purport to be experts, although Donovan,
we don't know that they necessarily are either right. For
the same reasons, I just illustrated with the elected officials.
They just happen to work in any given apartment, which
means somebody like Rassmuton is whispering in their ear and
feeding them the details about what regulations need to be passed,

(08:29):
and they put them on paper and say here, we
did the work for you. Oh yeah, that was good.
And then they implement the regulations and we end up
with a big tab for it, and that tab can
be literally millions of dollars in additional cost of business
and industry and the taxpayers here in Ohio. I mean,
if I got that pretty much boiled down, even if
you wouldn't have put it that way, I think you've

(08:50):
got it.

Speaker 2 (08:51):
You hit the nail on the head, Brian, And I
mean that's part of what the founding fathers. I think
it's many ways envision right was a citizenry that represents
the people and runs our government. And I think the
idea here it needs to be. I think the resputant
analogy is pretty spot on, because what we think we
really want writer o legislators who ask a lot of

(09:11):
really hard questions, and it still doesn't quite add up.
The idea doesn't go anywhere. But I think too often
what we find is they will get a crisis presented
to them and they will be told if you don't
pass this, X number of your constituents are going to
die or get sick or pass away, or you know
this or that is going to happen if the government

(09:31):
doesn't act. And they they rather than asking the hard questions,
slowing the process down and making sure they really deeply
understand it before they give the government more power, they
just pass the law and expect the executive to figure
it out, like you're saying, right, And I think legislation
like the Rains Act right will put the onus back
on the people who we directly elect. Many of us

(09:54):
personally know, right, they go to our churches, our gym,
they shop at the Kroger we shop at right, and
give us the ability to actually ask them those hard
questions and put it back on them to do the
job they were liked to do, which is really understand
how important these issues are do they actually do. We
actually need to be giving the government more power and
authority when when there's when there's when something's presented to them,

(10:16):
and if they can't if that, if that case can't
be crewly made, the legislature should be kicking these bills
out and saying no, this isn't a job for the government.

Speaker 1 (10:24):
This forces this Rainzact forces a thoughtful, contemplative analysis before
the law gets passed and before regulation gets passed, and
in fact requires pretty much the regulatory work to be
incorporated into the law. Is that a fair statement.

Speaker 2 (10:41):
Yeah, well, it's actually after the law's passed, right, And
so what we see happen, Like, let me ask you this, Brian,
did Congress ever authorize eliminating gas powered vehicles in the
United States by twenty thirty? What law did the Congress pass.

Speaker 1 (10:53):
That said do this?

Speaker 2 (10:55):
Right?

Speaker 1 (10:55):
EPA cafe standards? Yeah, yeah, So I think that's a.

Speaker 2 (10:59):
Great example coming to the beings around the state we've
been having on this, is that Congress never said to
do this. Some bureaucrat, a really smart one, came up
with that idea, developed it and put it into place
because they had an executive whould do it? RAINSAC would
force those ideas back to then, in this case, Congress
to the legislature and say, hey, did you really mean

(11:20):
this as an authority you gave, you know, back in
nineteen seventies, when you gave the EPA more authority, or
is this a step too far? And I hope would
be Congress would say that's a step too far. If
nothing else, just not act on it, and so the
rule or law, the regulation would die. That could happen
as well, But that's the idea is it's how we

(11:41):
get bureaucrats who do creative interpretations of the law. It's
going to put those folks in a real jam and
slow them down to the benefit of the American people.
You know.

Speaker 1 (11:52):
It forced them to hold hearings with you know, the
pros and con advocates each side, which they can weigh
and analyze and put some thought into it before they say, yeah,
you know that regulation is actually a good one and
it's worthy, the expenditure of money is actually worth it,
so we are going to give our stamp of approval
on it. Or no, you didn't convince me, or it's
too expensive, it's too much of a bonus on the

(12:13):
on the Ohio voters. Sorry, we're not we're not gonna.
We can't go with that. I like the idea. I
think it's an excellent one. It would solve a lot
of problems. Which is this House Bill eleven? Do I
have that right?

Speaker 2 (12:28):
Yep? It's House Bill eleven. It's had three hearings so far,
and we're we're being told, but we're going to keep
you know, we'll see what we want to see it happen.
We want to see it get on the schedule. It
should get a hearing, and hopefully we'll get actually voted
out of the Ohio House a week from today, next Wednesday.
It's why we put the coalition letter out and we're
raising the alarm bells this week to make sure it's

(12:49):
top of mind for legislators and their constituents going into
session next week.

Speaker 1 (12:54):
All right, what's the dollar figure that kicks in that
requires them to go through this process after all laws
passed and a regulation comes out.

Speaker 2 (13:03):
Well, there are three triggers here. So one is compliance costs. Right,
So when a new rule is implemented, you got to
probably hire new lawyers or hr professionals or other folks
right into your business. So if compliance costs go up
at one hundred thousand dollars, it will trigger. If it
requires the agency to expand its budget by over one

(13:23):
hundred thousand dollars, it would trigger the Rains Act review.
But most importantly, if a new rule of regulation would
have a drive on the economy greater than a million dollars. Right,
so they put these tailpipe emission laws into place, and
it's going to kill the auto industry. That's a major
drug to the economy. Right. But in Ohio, the rule
proposed by the governor's over a million dollars, it would

(13:44):
trigger sending it to the legislature. You might be wondering, Okay,
how many would that be? How much more work are
we putting on our poor state representatives and sanders to
have that?

Speaker 1 (13:56):
I wrote more bills. I wrote that down is a question,
and you saw right through that go ahead eighty three.

Speaker 2 (14:05):
In counter, you're twenty three and twenty four. There are
about eighty three rules that the Legislative Service Commission said
would probably trigger for the rain Backed review. And we
think that's a good thing. What we don't want is
thousands of rules, small, large, and of all sizes. Going
back to the legislature at this stage because they wouldn't

(14:25):
want the most egregious.

Speaker 1 (14:27):
Right, They wouldn't vote for the Rains Act if that
if they were going to have to deal with that
level of work. That's why I wrote it down. It's
going to make our elected officials actually do more work,
which usually I would think they wouldn't be inclined to
vote for something like that.

Speaker 2 (14:43):
Well, and we want the work that they do on
this to be very focused because right now, in fact,
we have, through the Common Sense Initiative and the Joint
Committee on Agency Rule Review, every rule in regulation is
viewed by a select committee of legislators to approve the
those rules that the governor would put into place or
their agencies would look to implement. The problem there, Brian, though,

(15:06):
is you start to go blind seeing all the different
rules and rags. Many of them might be necessary or
intended as part of the laws that were passed. But
what we want to make sure gets an extra level
of scrutiny and through the Rains Act is are those
laws that have those fiscal impacts right, They're going to
grow government by one hundred thousand or more, They're going
to have a million dollar economic drag on the economy.

(15:27):
They're going to put extra compliance costs. We want to
start there and stop those most egregious, most economically harmful
regulations from moving as quickly as they might. And in
this case, over the past two years, we had eighty
three of them. We think eighty three eighty three rules
and rags going to the legislature for their extra scrutiny
and the people's input is a good thing and not

(15:49):
a big ask of folks we send a columbus.

Speaker 1 (15:52):
I would agree completely with that wholeheartedly. All right, call
to action? Where do we go to get more information
to help out? Obviously contacting our life good officials and
saying vote for a house built eleven, but beyond that
which website Donovan O'Neil.

Speaker 2 (16:07):
Buckeye Blueprint dot com slash rains R E I n s.
Buckeye Blueprint dot com slash r E I n s.
Go there, get some more information, Contact your representative and
tell them to vote in support of HB eleven.

Speaker 1 (16:20):
Diving and Neil, Americans for Prosperity. God bless you for
you and all the work that you and your team does,
and Americans for Prosperity. You always have a welcome opportunity
on the fifty five KRC Morning show to spread the
word about this important work that you're doing. And I'll
look forward to having you back on again real soon.
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