Posts tagged ‘Regulatory Reform’

November 14, 2011

Write the Rules, Take the Credit?

by Steve Dana

There’s been no shortage of media coverage for the expanding “Occupy Wall Street” protest movement across the country.  When it started in New York, you could tell that folks were angry, but interviews showed that many were gathered, but not to protest a common grudge.  Everyone seemed to have a beef, but more often than not, it was different from the next person.  That should have been a tip.

In an effort to justify protesting, the media tried to compare the O W Streeters to  TEA Party protesters but if you ever attended a TEA Party event, you never saw a spectacle like what has devolved in cities like New York, Denver and Oakland.  Certainly both sides have bad apples, but I can’t recall a significant TEA Party event where anyone got hurt, let alone be murdered.  TEA Partiers police their own events so the focus is only on the protest.  In spite of the fact that the TEA Party is not centrally organized; every chapter champions generally common goals; smaller government faithful to the Constitution, providing for the common defense, protecting personal liberties.

Not surprisingly, most of the media still insists the two movements are the same; in spite of the violence on the left.  I can’t help but wonder how they can spin that fiction even when confronted with the facts.

Some of the protesters given a chance to voice their reason for protesting, point to “fat cats” on Wall Street for their lack of jobs on the one hand but maybe the lack of opportunity to be “fat cats” themselves on the other.  Most of the interviewees complain about how they graduated from college with huge college loan debt expecting to be hired by some big company only to find they are unable to secure a job.  Few gave much thought to who might be their prospective employers as they were signing those loan papers but all have concluded it was a Wall Street conspiracy.  Unless they were planning on a public service career in which case they are angry for a different reason.

Occupy Wall Street protesters allege that robber barons with Wall Street addresses engineered the system that allowed them to get filthy rich(er).  Few of them really understand how the system works.  If they only knew. 

When I was a Snohomish city council member in the 1990’s I encountered a land developer who made the point so clear to me when he told me he had preferences but he really didn’t care what regulations we passed, he would analyze what the regulations allowed him to do, what they wouldn’t allow him to do and decide whether it made financial sense for him to invest in a project.  If it made financial sense to him, he would invest.

If that simple lesson doesn’t explain how business decisions are made and who/what is responsible for the debacle our country has endured over the past few years, then I guess I won’t get through to you.

Another thing, chiseling isn’t reserved just for capitalists.  If it were just capitalists gaming the system, they would have been driven away long ago, but then, who would have provided the jobs and the products and the tax revenue that pays for everything else?   Think about how you learn the rules in your world and interpret them to your own advantage.  Taking advantage of loopholes or stretching the truth or as a former accountant used to say, “venturing into the gray zone” is a behavior practiced by a good many of us.  Using poorly written laws and regulations to your advantage is not a crime, it isn’t even unethical.  In many circumstances, it’s thought of as being clever and ingenious.  That is of course unless it doesn’t benefit you. 

Being able to capitalize on a scale that might make you wealthy may be an advantage for folks who already have money, but it doesn’t deprive you or me from enjoying the same opportunity if we have a good idea and are willing to work really hard.

It’s clear to me that the burden for our dilemma lays clearly on the shoulders of those who pass the laws and write the regulations; City Councils, Legislatures and our Congress but don’t forget the regulation writing bureaucrats that work for them all.  Where would we be without our friends the bureaucrats?

If you are unhappy because General Electric exploited the tax code and ultimately paid no federal corporate income tax, look to the government that created the loopholes.  I have no great affection for General Electric but they didn’t write the rules, did they?

While I am singling out GE, can we really blame them for moving their jobs to foreign countries when our government eliminates incentives to keep jobs in America while at the same time telling them how important it is to develop a world economy by raising the standard of living in foreign countries.  Even if succeeding at that goal comes at the expense of jobs at home?  Ask yourself who promotes the “world economy” thing the most and if they are supporting a world economy are they doing so at the expense of our American economy.  Every manufacturing job that goes overseas in the name of world economy chips away at the middle class in America.

If you really want to blame someone because there are no new jobs in many industries still doing business in America, just look at the regulatory burden heaped upon those businesses and go back to the lesson I described above.  If it doesn’t pencil out to hire because of uncertainty or tax burden, blame the government not the business owners.  As much as you may not like it, share holders do look at profitability and the bottom line and sometimes make the choice to not invest in America.

Go ask your elected officials how they failed to propose, negotiate and pass legislation that either prevented middle class family wage jobs from heading overseas or created jobs in America by reducing risk and uncertainty  to a business thinking about locating in your town.

The answers the protesters are looking for will not be found in New York, Denver or Oakland but in Washington DC and every state capital in the land.

June 18, 2011

Get Back in The Game!

by Steve Dana

My blog has been silent for a while now.  It’s not that I haven’t had anything to say, much to the contrary; I had so much I wanted to say I felt I needed to hold my tongue lest I say things I would regret later.  I have been overwhelmed with what was and is happening in our country today.  What bothers me is the fact that everyone else is not bothered.  What bothers me is the fact that our country is going into the tank because we are “too busy” to get involved.

For the most part, my ramblings have been politically driven.  Occasionally I offer things of an entertainment nature, but my interest is in enlightening my readers with my take on current events.  My old departed dad always told me “if you want to criticize, make sure you have alternative ideas to offer” and out of that came a forty year stream of criticisms and alternatives.

I got involved in local government because I criticized the status quo and thought I had a better idea.  When I was elected to office, I found that my ideas were as good as the other ones on the table.  I served eight years.

When I tried to run for higher office, I learned that politics is not about better ideas, it’s about amassing power.  Only idealistic folks like me get involved to look out for the common folks and not special interests.

I said a couple years ago that I was running for County Council because I didn’t see anyone else stepping up who would advocate for the people the way I felt I would.  When I lost that election the momentum for the TEA Party was just beginning to roll.  I was disappointed that it was too late to make a difference in my race but excited that it carried over to huge gains in 2010.

There has never been a more important time for people in our country to get involved in the public process.  The down-turn in the economy exposed the critical flaws in our government system that at the least allowed us to defer payment for public obligations without limits.  Public debt is crippling our country; not just at the federal level, but right on down to the local level through bond indebtedness that erodes current revenue buying power.  All so government can buy your silence.  Add to that the crushing regulatory burdens being heaped on all of us and it’s not surprising were going down.

We are dangerously close to the point where it won’t matter.  When we reach a point where current revenues are consumed by debt service costs there won’t be any services. 

I guess we can party on as the Titanic goes down….. or we can get involved by supporting candidates that support the U.S Constitution and the concepts embodied therein.

I would recommend that anyone who wants to get involved in a meaningful campaign in this local government election cycle get connected with the MIKE HOPE for Snohomish County Executive committee.  Mike has become a very accomplished elected official in a very short time period and is someone I support.  Mike will be the first Republican County Executive inSnohomishCounty history.  His election will change the tone of county government for the better.

I haven’t worked out my thoughts about the national political scene.  I know our country has suffered since President Obama was elected.  Unfortunately the entrenched Republicans have not demonstrated a willingness to do anything more than wring their hands.  The people in the country want action and the politicians want to preserve their jobs.

Senator Jim DeMint from South Carolina seems to be on the right path.  Rand Paul has some good things to offer as well.  I like Michele Bachmann.  Stay tuned.

February 16, 2011

What are American Jobs Worth?

by Steve Dana

The most important issue for Americans is getting our unemployed workers back to work.  Our consumer driven economy needs our people working to fuel the recovery.

What specific actions do we need government to enact that would cause a business to invest or to hire new workers?  At what level of government do we need these actions?

My first thought was Energy Policy in our country and I see the potential for jobs with pay and benefits that can support families, but I see over-regulation and legal challenges that prevent those jobs from ever coming to market.  The energy segment is really important to the national economy not just because of the jobs, but also because of the products they produce for our homes and our cars.

It is of national importance to get these industries back on track producing competitively priced energy for American consumers.  Failing to address the issues preventing energy companies from doing what they do will not provide those jobs and will increase the cost of energy to all of us.

So what do we need the government to do that will make it possible for private sector “for profit” companies to get to work?  I’m asking because I don’t know. 

I have ideas, but I am not an authority so I need help.

I do know it is really easy to file a lawsuit to prevent a company from drilling or mining because of environmental concerns.  The cost to file the suit is minimal and the risk to the filer is minimal.  Even lawsuits without merit can be filed as a harassment strategy.

It is really frustrating to work through the regulatory process and when you have a permit in hand find you are stopped in your tracks because of a lawsuit challenging some aspect of the permit.

I use national energy policy as an example of how government over-regulation or being overly sympathetic to litigation prevents the formation of jobs and forces higher consumer prices for energy products available to American consumers.

Here are two reasons for the Federal government to act proactively to reduce regulations and change statutes that allow frivolous or trivial lawsuits that can create the jobs and produce the energy our country needs.

Am I off base on this?  If I am not, then can we do it legislatively or does it require control of the executive branch?  If we capture an executive position, how do we implement changes that will clear the way for jobs and cheaper energy?

I can think of The Clean Water Act and the Endangered Species Act as two legislative initiatives that increase cost to consumers and lose jobs for American workers.  I am certain that there are dozens of federal and state laws that do as well.

We need to recommend specific changes to state and federal laws that will address these concerns so that voters can see why or how they lost their jobs or how their neighbor lost her job.  People need to see the relationship between a statute and industries impacted.  Let’s give voters a chance to choose between jobs and spotted owls.

January 19, 2011

And The Beat Goes On!

by Steve Dana

The Congress convened following the new year and everyone thought the Democrats and the President would have to move to the center in order to get things through the Republican controlled House. And appearances are that in relations with the Republicans the President in particular is talking nice. My problem is what is happening away from the legislative arena.

The President and his advisors knew months ago their complete control of the Congress was soon to end. The lame duck session was a transition period.

There are two ways to accomplish your agenda as a President or a Governor. You can use the legislative process or the regulatory process. A well coordinated legislative process puts in place the framework for the regulatory process that follows. Even though the Democrats don’t control the agenda of the House of Representatives, they control all the bureaucrats that have more than enough work to do implementing the laws passed during the past two years.

All you have to do is look at the Environmental Protection Agency to see numerous examples of how they stepped up their program to stifle oil exploration, drilling and refining. There is little that can be done to reverse past regulations or stop new ones coming down the pike.

Under the banner of climate change and global warming, the government will implement regulations that no elected official every saw let alone voted on. The power of the bureaucrats is immense. One of President Obama’s skills is in organizing. His political appointee operatives have been surgical in how they have inflicted the greatest damage to their respective organizations during the first two years and now will work more under the radar fleshing out the regulations promised in Health Care Reform, Financial Reform and Economic Stimulus without oversight except what private citizens might report.

Some of the poison pills that have been inserted into the legislation are designed to prevent their overturning. By themselves, those poison pills were reason enough to vote no.

Things are no better at the state level. Governors have the same type of power in managing the departments that draft and implement regulations they decide are appropriate. No legislator gets to vote on them, the governor and his/her staff handle everything.

An Act of Congress is pretty important, but enacting an administrative code can be insidious. Cap & Trade did not pass the Congress, but implementing the regulations that will accomplish the same thing will happen over the next couple years in spite of the fact that there was no vote.

Unless the Congress specifically challenges the regulators, the work will continue.

I know it might create more work, but I would like to see the Congress and the Legislature enact a law that requires that elected officials vote before the regulatory language takes affect. Even if the votes are taken at the Committee level. Elected officials need to be able to bring the EPA Chief into a committee room to ask questions and get answers. Make every member of a committee understand the implications of the regulations so a Barney Franks committee can’t plead ignorance in the future.

This idea is not new, there are much brighter guys than me who have pitched it before, but sometimes a good idea needs some time to get traction.

One more thing. Any regulation not voted on by elected legislators is sun-setted.

I am not trying to create new jobs for these guys, but I am trying to make them accountable for the jobs they have and the work they are not doing. Have them be the watchdogs over the bureaucracies they create and make sure they have something to work on besides creating new laws. The Executive branch has taken so much power from the legislative branch because the legislators allowed it. It is time to start shifting it back.

One more thing number two.

Think about public employee job reduction plans like we think of Cap n Trade. Every year we reduce the number of public employees based upon a benchmark set in 2005. Look for ways to trade public sector employees for private sector employees. The number of public employees should have to go down every year. The pay issue should also be factored in there somewhere too. Have minimum standards for so many worker bees for every supervisor bee then expand the ratio so there are fewer dead wood supervisors and more field workers.

It’s something to think about!