The Oklahoman

Targeting regs is a good idea

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Gov. Kevin Stitt wants to see the number of Oklahoma state regulation­s cut by onefourth by the time he leaves office. That goal may be overly ambitious, even if Stitt winds up serving two terms, but the effort is laudable nonetheles­s.

Stitt told a luncheon audience last week that his intention is to encourage business growth. Stacks of red tape do the opposite — and Oklahoma has plenty of that, as researcher­s at the Mercatus Center at George Mason University found.

The researcher­s developed a tool to analyze state and federal regulation­s. The tool allows them to identify the industries that states target most with their regulation­s, by connecting those industries to restrictiv­e words and phrases such as shall, may, may not, prohibited and required.

According to a 2019 report, the Oklahoma Administra­tive Code had 145,296 restrictio­ns and 9.3 million words.

“It would take an individual about 515 hours — or almost 13 weeks — to read the entire OAC,” the report said. “That's assuming the reader spends 40 hours per week reading and reads at a rate of 300 words per minute.”

There also are 1.09 million additional restrictio­ns in the federal code. Thus, “Individual­s and businesses in Oklahoma must navigate these different layers of restrictio­ns to remain in compliance,” the authors said.

Stitt mentioned that Oklahoma's 145,000 regulation­s are double the number in neighborin­g Kansas, and exceed what's on the books in Missouri and Arkansas. (Texas and Colorado have more regulation­s than Oklahoma.)

The Mercatus Center broke down the top 10 industries targeted by Oklahoma regulation­s. They are: profession­al, scientific and technical services; administra­tive and support services; paper manufactur­ing; ambulatory health care services; mining (except oil and gas); broadcasti­ng (except internet); animal production and aquacultur­e; credit intermedia­tion and related activities; educationa­l services, and social assistance.

The No. 1 regulator in Oklahoma, according to Mercatus, is the state Health Department, with 17,407 restrictio­ns. Next is the Oklahoma Corporatio­n Commission, which regulates industries such as public utilities, with 12,781. The top five is rounded out by the Department of Environmen­tal Quality, the Department of Agricultur­e, Food and Forestry, and the Department of Mines.

The report's authors note that federal regulation­s, which have been a target of the Trump administra­tion, gain the most headlines but understate the true scope of regulation because state practices are often overlooked.

“Researcher­s are only beginning to understand the consequenc­es of the massive and growing federal regulatory system on economic growth and well-being in the United States,” the authors said. “Meanwhile, the effects of state regulation remain largely unknown.”

Stitt plans to get input from business and industry leaders about which Oklahoma regulation­s to target, and to set up a website to take suggestion­s. Here's hoping this effort proves fruitful — at least some trimming of the current 9.3 million-word OAC should be attainable.

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