Skip to main content

Lack of Action from Oklahoma’s Occupational Licensing Advisory Commission

Apparently, if you’re a legislator in Oklahoma and want to look like you’re doing something about an issue while not actually doing anything at all, you pass a bill to create a commission to study the issue. At least, that’s how the Oklahoma Occupational Licensing Advisory Commission (LAC) has operated so far.

According to a study I did while at the Goldwater Institute, Oklahoma ranked as the 24th most-licensed state. A study by the Institute for Justice ranked Oklahoma 35th in how broadly and onerous its licensing laws are. But these, and similar studies, are really just counts of how many occupations states license, so they leave out a lot of nuance.

The Institute for Justice’s report does add some nuance, reporting that by its standard of measure, Oklahoma ranks 18th in how burdensome are its licensing laws. That is an important piece of information. On the one hand, according to the Institute for Justice, Oklahoma’s licensing laws cover fewer occupations than in many states, but on the other hand, those laws are so egregious that Oklahoma still ranks worse than 32 states in how burdensome its licensing laws are.

And that is exactly what six different analysts at the 1889 Institute have found again and again. We have looked at eleven licensed occupations in Oklahoma, and in nearly every case, we have found that in some respect, Oklahoma’s licensing laws impose the most onerous requirements among the states. For example, Oklahoma is one of only a few states requiring a social worker to have a college degree, even as the state struggles to fill social worker positions. Not only is Oklahoma one of only 15 states that licenses locksmiths, it is the only state that requires locksmiths to be 21 years old. Ours is the only state that requires an electrologist to have a college degree. No state requires more education of funeral directors and embalmers than Oklahoma, though some require less. Colorado does not license them at all.

Yet, in this year’s LAC recommendations, no changes were recommended to Oklahoma’s social worker licensing laws and only alarm salesperson licensing was recommended to be eliminated from the state’s locksmith licensing law. We criticized hair braider licensing in Oklahoma’s cosmetology licensing law; its elimination was the only recommendation from LAC with respect to barber and cosmetology licensing. Yet, of the eleven licensed occupations we have reviewed, none of these licensing laws have been found necessary according to the rubric we have established, one not unlike that which LAC uses. Nonetheless, LAC has not recommended getting rid of any of them.

In fact, at the most recent meeting of LAC, the chair, Labor Commissioner Leslie Osborn seemed more interested in placing more requirements on cosmetologists than doing anything to free markets and expand opportunity. And speaking of opportunity, LAC members had none when it came to establishing a rapport with members of the general public who testified, due to some bad advice about how the state’s open meetings law works. That bad advice, that a commission member having a public conversation with someone testifying on-topic was not allowed, was given by, you guessed it, a licensed attorney.

Byron Schlomach is Director of the 1889 Institute and can be reached at bschlomach@1889institute.org.


Popular posts from this blog

Present Reforms to Keep the Ghost of State Questions Past from Creating Future Headaches

Oklahoma, like many western states, allows its citizens to directly participate in the democratic process through citizen initiatives and referendums. In a referendum, the legislature directs a question to the people — usually to modify the state constitution, since the legislature can change statutes itself. An initiative requires no legislative involvement, but is initiated by the people via signature gathering, and can be used to modify statute or amend the constitution. Collectively, the initiatives and referendums that make it onto the ballot are known as State Questions.   Recently, there have been calls to make it more difficult to amend the constitution. At least two proposals are being discussed. One would diversify the signature requirement by demanding that a proportional amount of signatures come from each region of the state. The other would require a sixty percent majority to adopt a constitutional amendment rather than the fifty percent plus one currently in place. ...

The Truth About COVID-19: Better Than You Think

As the media turns its attention back to COVID-19, there is a renewed push to shut down the economy. Some states have even begun to scale back reopening plans for their economies; others continue to delay opening. It is essential to look past their catastrophizing and focus on the facts of COVID-19. One fact to consider: while testing has risen 23%, the rate of positive results has only risen 1.3 percentage points to 6.2%. Even as alarmists point to the rise in cases, they still admit that the boost in testing has played a role in the rise in the total number of known cases. Therefore, the total number of positive cases is not of much use in this case, as it only paints a partial picture. The rate of increase in total positive cases is a more meaningful measure, and it has barely increased. Even more important is who is getting infected. The data show that recent cases are primarily younger people. But that’s a good thing; these are precisely the people that are key to building herd ...

When It Comes to the Cox Center, “What if I Get to Meet a Movie Star?” Isn’t Good Enough

In a recent   post , 1889 Institute expounded on the fiduciary duty of elected officials “to act in the best interest of the people of the state as a whole,” a “high duty, executed as a public trust … wherein one puts the people’s interest above one’s own.” This fiduciary duty must not stop with elected officials. Once an elected body or an elected official – the legislature, a city council, the governor, or a mayor – has taken final action, the faithful implementation of each enacted law, policy, or program falls to an army of bureaucrats. Thus, a fiduciary duty to execute laws and policies with diligence and integrity, tantamount to that of elected officials, must extend to government employees. Recently, I had a few moments to sit down and watch a show with my children. Unsurprisingly, my son picked a series entitled “The Stinky and Dirty Show.” I was naturally skeptical that the show would yield any real value. However, as I watched, I found myself pleasantly surprised. Each ep...

About Those Roads in Texas

A s Sooner fans head south for the OU-Texas game next week, they will encounter a phenomenon most of us are familiar with: as you cruise across the Red River suddenly the road gets noticeably smoother. The painted lane stripes get a little brighter and the roadside “Welcome to Texas” visitors’ center gleams in the sunlight, a modern and well-maintained reminder of how much more money the Lonestar State spends on public infrastructure than little old Oklahoma. Or does it? Why are the roads so much, well… better in Texas? Turns out, it isn’t the amount of money spent, at least not when compared to the overall size of the state’s economy and personal income of its inhabitants. Research conducted by 1889 Institute’s Byron Schlomach reveals that Oklahoma actually spends significantly more on roads than Texas as a percentage of both state GDP and personal income . And that was data from 2016, before Oklahoma’s tax and spending increases of recent years. The gap is likely gr...