Regulatory Reform Archives - Page 2 of 40

Research Note: who are the commissioners and how are they chosen?

While there are many aspects of institutional design to consider with Public Service Commissions (PSCs), like jurisdiction, responsibilities, and agency structure, the commissioner selection process is the most important because it affects who leads the agencies. Should decision-makers be representatives of the people’s will, political appointees who understand the broader system, or knowledgeable technocrats? State...

Research Note: the PSC’s History and Jurisdiction

The Nebraska Public Service Commission (PSC) traces its roots to the Nebraska Board of Railroad Commissioners (which two years later became the Board of Transportation), an agency created by the legislature in 1885 to investigate claims of unfair practices by railroads in the state. The Nebraska State Railway Commission was established by constitutional amendment in...

Chevron deference overturned: a victory for separation of powers

The last couple of weeks of June is often a time of great interest for those who watch the Supreme Court of the United States (SCOTUS) because they mark the release of the final decisions for cases that were heard during the court term. The Court begins hearing cases for the term in October, and...

By Laura Ebke

Research Note: Florida’s REINS Act

A decade ago, Florida was far from the model for economic freedom from regulatory burden. The state ranked 8th among 44 states with 168,795 regulatory restrictions according to a review of states with the highest regulation count done by the Mercatus Institute at George Mason University. Florida now leads the nation in migration gains, even...

By Stephen Trainer

Research Note: The Texas Example

As previously discussed, economic statements are crucial for quantifying the impact of regulations and ensuring that state agencies thoroughly evaluate all options and understand the downsides before regulating the state’s economy. Furthermore, these reports should be independently reviewed to verify the legitimacy of the agencies’ findings. Texas, unsurprisingly, hits all the positive marks for impact...

By Stephen Trainer

Research Note: Utah’s Regulatory Sandbox

Editor’s Note: As the 5th of 7 planned research notes by our summer intern, Stephen Trainer, this post discusses the concept of regulatory sandboxes. The Platte Institute has supported several regulatory sandbox efforts, including a comprehensive one (which would cover multiple industries) and the most recent one (LB587 in 2023/24), which provides for an “insuretech...

By Stephen Trainer

Research Note: Regulatory Experiments–Idaho, Virginia

A few states outside the midwest provide promising templates for regulatory reform and modernization, a pressing issue for Nebraska. Idaho and Virginia notably embarked on a mission to unshackle citizens from a growing administrative state, as discussed by a Mercatus Study in 2019. Six years ago, Virginia passed the Regulatory Reform Pilot Program that tasked...

By Stephen Trainer

Research note: a case study of success of the REINS act in state regulatory reform

First introduced in 2009 and subsequently passed by the US House of Representatives in 2023, the REINS Act, formally known as the Regulations from the Executive in Need of Scrutiny Act, represents a legislative endeavor to augment Congressional oversight concerning federal regulations with substantial economic ramifications. Specifically, it aims to empower Congress to assert greater...

By Stephen Trainer

Research note: Cost-Benefit Analysis in Regulation

The primary autoregulative process when state agencies begin promulgating rules and regulations is the cost-benefit analysis (CBA). Despite having many names across states, the CBA or impact statement is an important system in which agencies self-evaluate the effectiveness and scope of a proposed rule’s regulatory impact on business and government. Moreover, these reports play an...

By Stephen Trainer

Research Note: Regulations in Nebraska and Iowa

Note: This Research Note is the first in a planned series of notes by Platte’s summer interns. Despite sharing a border, Iowa and Nebraska diverge on many legislative topics, especially the regulatory review process. Iowa has been noted to have “one of the best-designed review structures in the country,” according to the Institute for Policy...

By Stephen Trainer

Protecting both kids and protecting privacy not easy in the era of high tech

LB1092, the Adopt the Online Age Verification Liability Act, is currently being considered by the Legislature. This would require age verification for potentially harmful content to anyone under 18. The definition of harmful is taken from Miller v. California. 413 U.S. 15 (1973). The law reads, “A commercial entity shall not knowingly and intentionally publish...

Protecting Constitutional Liberties

LB43 introduced by Sen. Rita Sanders–an important bill supported by the Platte Institute, and made the vehicle for several Government Committee priority bills– passed Final Reading in the Legislature today. As introduced, LB43 directs hearing officers and judges, when interpreting state statutes or regulations contested under the Administrative Procedures Act, not to defer to a...

By Laura Ebke

Throwing down (the red carpet for workers)

The Platte Institute has been one of the leaders in advancing the cause of occupational licensing reform since 2017. It took a leap year, February 29, for Nebraska to see the latest reform efforts, with the passage on Final Reading of LB16. Today’s passage represents the fifth year that some version of this bill has...

By Laura Ebke

Accountants, electricians, and market equilibrium

The art of economics consists in looking not merely at the immediate but at the longer effects of any act or policy; it consists in tracing the consequences of that policy not merely for one group but for all groups. —Henry Hazlitt, Economics in One Lesson (1946) For over half a century, policymakers have addressed...

By Laura Ebke