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

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 ...
Read more

No License, Sherlock: Licensing for Private Investigators

What does a private investigator do? Surely, we’re all familiar with various movies and shows featuring the exciting adventures of Sherlock Holmes or Magnum PI. However, reality is often disappointing, and the fact is private investigation is usually dull and relatively safe. Private investigators are tasked with conducting surveillance and fact-finding missions for their clients, but they gain no special powers to do so.  My recent paper deals with the licensing of private investigators. Oklahoma’s private investigator licenses are governed by the Council of Law Enforcement Education and Training (CLEET), which follows the advice of a committee made up of people who run private investigative agencies. Improved competition is not likely to be in the best interest of these agencies, so it is questionable whether they should be in a gate-keeping position they could easily turn to their advantage. Private Investigators must undergo a series of trainings and pas...
Read more

Top-Ten in Low Taxes, But Oklahoma Still Has Much Room for Improvement

In a comparison of states’ total taxes as well as spending in certain broad categories that the 1889 Institute has just published ( Oklahoma Government Revenues and Spending in Perspective – Update ), some interesting facts arise. Using federal data, we compared states by looking at the percentage of personal income collected in state and local government revenues. We also looked at the percentage of personal income spent in six broad spending categories: higher education, public education, public welfare, hospitals, highways, and corrections. The data shows that in 2017 Oklahoma’s state and local governments: Extract 13.2 percent of Oklahomans’ personal income in taxes and fees, moving Oklahoma into the Top Ten lowest-taxing states, ahead of Texas.   Spend 12.38 percent of personal income on the six featured spending areas (which include federal dollars), only a little below the national average of 12.7 percent. While 9th overall (least spent being first), Oklahoma is n...
Read more

Intellectual Corruption in Public Schools Exposed by COVID-19

Oklahoma is opening up in stages at last, thank goodness. While we have thought, from the beginning, that shutdowns have been a bad idea, what’s done is done. Now is the time to start recovering, and the faster we get fully re-opened (with prudent precautions for the vulnerable, of course), the better off we will be. Luckily, we are in the United States; the economic damage done here by shutdowns will be far less deadly than in poorer nations as global poverty is expected to increase for the first time since 1998 due to imprudent shutdown orders. And speaking of imprudent shutdown orders, none have been more imprudent than closing Oklahoma’s schools for the last 9 weeks (practically a full quarter) of the year. Action on the part of state leaders was so precipitous that, while we could be talking about re-opening schools to salvage at least part of the lost educational time, it is not now possible . And of course, we now know children were at low risk from the virus and that ...
Read more