I have KCD talk station Heavy Wednesday. No Judge to Polatona today. He had a prior engagement, so I did read from his column this morning. But today we get the return to Donovan and Neil from Americans for Prosperity. Donovan, welcome back to the morning show, my friend. It's always great having.
You on prank.
Good to be back with you. And so we got a high version of the Rains Act regulations from the Executive in Need of Scrutiny Act. Is that what we're talking about here.
Absolutely, We've got the opportunity to get that done here in the Buckeye State. It's never been more important.
All Right, Well, let's break it down from a listening audience and for me too as well. Let's talk about why we needed and why it's so important.
Yeah. Well, when we talk about regulatory reform, there's a couple of different things you can do, and we're seeing that happen here in Ohio over the last several years. But we're seeing an extra level of spotlight on it at the national level with the new Trump administration and what they're doing with things like dough. So what you got to do first is you got to inventory the
red tape. You got to know how bad the problem is, right, the red tape and regulations, and we've we've got that here in Ohio through some bills we've passed over the last few years. The other thing you could do is you can doze it up, right. You can take that Government Efficiency Department and really start looking and just refining and cutting and removing the excess agencies and spending that
doesn't need to be there. But if you want to really stop the growth, which is I think the important thing to do here, right, we've got to stop the proliferation and growth of regulations. You need the Rains Act, which proactively requires any ruler regulation over a certain dollar threshold.
And we could break that down for you here in a minute, But any ruler regulation over a dollar a certain dollar threshold from the executives the governor in this case in Ohio to go before the entire legislative body. So they've got to convince a majority of one hundred and thirty two members across the House and Senate that
this is a good idea. Putting these new rules and rags could to have a significant cost to the economy, are a good idea and the intent of the legislature when they originally passed whatever law the governor's citing for this new.
Authority, which I mean, and therein lies the problem in a federal government. And unfortunately, the Supreme Court, the United States Supreme Court stepped in and on its own has helped pair back certain rags, like a tablespoon of water is not a navigable stream, even though the eggheads behind the scenes of the EPA determined that it was by implementing an arbitrary and capricious regulation, and that has a significant and profound impact on so much land use. So
Supreme Court said, no, no, you can't do that. The power that the regulations must specifically come from an authority that was delegated under the law, and you've exceeded that authority. So it's kind of a sliding scale moving approach. The Rains Act actually would be a law codifying that reality. So for anything that impacts economy more than X number of dollars, which we'll get to in a minute, that the legislative branch has to specifically approve the regulation.
That's right, and this is going to force legislatures to do things that they've sort of abdicated over the last several decades, right, which is saying we don't have claiming, we don't have the expertise to create the definition of the law, really really do lawmaking, which is our job, which is really their job. Right now, we're going to hand it over to another agency, another branch of government.
Fill then deal with it. Yeah.
Yeah, here's here's a couple of words on a sheet of paper. You guys do all the laboring work behind the scenes. And oh, by the way, none of you are accountable to the voters for doing what you do. Let's pause. We'll bring Donovan and Neil back and get some of the specifics on this. The dollar Man's one of the things I'm curious about seven thirty five right now. If you've have Kcity talk station, and one of the things you need to do if you need new law
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At seven forty or fifty five Krcity Talks station, Donald and Neil Americans for Prosperity going over this Ohio version of the Rains Act. And I think it's an important piece of legislation. You know, I got to go back to the high comedy that we just briefly touched upon there at the end. You know, we elect people to represent us in Columbus, and they're not experts. That they're not. I mean, they may be an expert in some given field.
I mean, there could be a physician up there who was a cardiac specialist, and if you ask them things about cardiac issues or medical issues related related to your heart, he could probably answer questions all day long. But if you ask him something about technology, he'll give you a deer in the headlights kind of look. And yet they are legislating literally over every aspect of our lives, people who don't have a fundamental understanding of what they're legislating over.
It reminds me that we elected somebody to member of Congress. They thought Guam was going to capsize if we built another building on it. That's how dumb some of them are, right, Donovan.
So what happened? Somebody gets a bug in their ear and it's probably some lobbyists looking out for some companies or some industries own best interests and says, you really need to pass the law that does X, and it has some appeal and it resonates with half of these members and they think, you know, that sounds like a great idea, but the devils in the details. They don't
put the details into legislation. They just pass it. You know, widgets shall be manufactured according to industry standards, and then somebody can behind the scenes, creates industry standards and ends up regulating something to the point where it makes it too expensive or whatever happens. But they're dumb collectively speaking, and I don't need to be insulting to them. I am dumb on a whole lot of topics as well.
But that's where all these regulations come from. Right, they go to the back room, and they got the eggheads in the back who purport to be experts, although Donovan, we don't know that they necessarily are either right. For the same reasons, I just illustrated with the elected officials.
They just happen to work in any given apartment, which means somebody like Rassmuton is whispering in their ear and feeding them the details about what regulations need to be passed, and they put them on paper and say here, we did the work for you. Oh yeah, that was good. And then they implement the regulations and we end up with a big tab for it, and that tab can be literally millions of dollars in additional cost of business
and industry and the taxpayers here in Ohio. I mean, if I got that pretty much boiled down, even if you wouldn't have put it that way, I think you've got it.
You hit the nail on the head, Brian, And I mean that's part of what the founding fathers. I think it's many ways envision right was a citizenry that represents the people and runs our government. And I think the idea here it needs to be. I think the resputant analogy is pretty spot on, because what we think we really want writer o legislators who ask a lot of really hard questions, and it still doesn't quite add up.
The idea doesn't go anywhere. But I think too often what we find is they will get a crisis presented to them and they will be told if you don't pass this, X number of your constituents are going to die or get sick or pass away, or you know this or that is going to happen if the government
doesn't act. And they they rather than asking the hard questions, slowing the process down and making sure they really deeply understand it before they give the government more power, they just pass the law and expect the executive to figure it out, like you're saying, right, And I think legislation like the Rains Act right will put the onus back
on the people who we directly elect. Many of us personally know, right, they go to our churches, our gym, they shop at the Kroger we shop at right, and give us the ability to actually ask them those hard questions and put it back on them to do the job they were liked to do, which is really understand
how important these issues are do they actually do. We actually need to be giving the government more power and authority when when there's when there's when something's presented to them, and if they can't if that, if that case can't be crewly made, the legislature should be kicking these bills out and saying no, this isn't a job for the government.
This forces this Rainzact forces a thoughtful, contemplative analysis before the law gets passed and before regulation gets passed, and in fact requires pretty much the regulatory work to be incorporated into the law. Is that a fair statement.
Yeah, well, it's actually after the law's passed, right, And so what we see happen, Like, let me ask you this, Brian, did Congress ever authorize eliminating gas powered vehicles in the United States by twenty thirty? What law did the Congress pass.
That said do this?
Right?
EPA cafe standards? Yeah, yeah, So I think that's a.
Great example coming to the beings around the state we've been having on this, is that Congress never said to do this. Some bureaucrat, a really smart one, came up with that idea, developed it and put it into place because they had an executive whould do it? RAINSAC would force those ideas back to then, in this case, Congress to the legislature and say, hey, did you really mean this as an authority you gave, you know, back in nineteen seventies, when you gave the EPA more authority, or
is this a step too far? And I hope would be Congress would say that's a step too far. If nothing else, just not act on it, and so the rule or law, the regulation would die. That could happen as well, But that's the idea is it's how we get bureaucrats who do creative interpretations of the law. It's going to put those folks in a real jam and slow them down to the benefit of the American people. You know.
It forced them to hold hearings with you know, the pros and con advocates each side, which they can weigh and analyze and put some thought into it before they say, yeah, you know that regulation is actually a good one and it's worthy, the expenditure of money is actually worth it, so we are going to give our stamp of approval on it. Or no, you didn't convince me, or it's too expensive, it's too much of a bonus on the on the Ohio voters. Sorry, we're not we're not gonna.
We can't go with that. I like the idea. I think it's an excellent one. It would solve a lot of problems. Which is this House Bill eleven? Do I have that right?
Yep? It's House Bill eleven. It's had three hearings so far, and we're we're being told, but we're going to keep you know, we'll see what we want to see it happen. We want to see it get on the schedule. It should get a hearing, and hopefully we'll get actually voted out of the Ohio House a week from today, next Wednesday.
It's why we put the coalition letter out and we're raising the alarm bells this week to make sure it's top of mind for legislators and their constituents going into session next week.
All right, what's the dollar figure that kicks in that requires them to go through this process after all laws passed and a regulation comes out.
Well, there are three triggers here. So one is compliance costs. Right, So when a new rule is implemented, you got to probably hire new lawyers or hr professionals or other folks right into your business. So if compliance costs go up at one hundred thousand dollars, it will trigger. If it requires the agency to expand its budget by over one hundred thousand dollars, it would trigger the Rains Act review. But most importantly, if a new rule of regulation would
have a drive on the economy greater than a million dollars. Right, so they put these tailpipe emission laws into place, and it's going to kill the auto industry. That's a major drug to the economy. Right. But in Ohio, the rule proposed by the governor's over a million dollars, it would trigger sending it to the legislature. You might be wondering, Okay, how many would that be? How much more work are we putting on our poor state representatives and sanders to have that?
I wrote more bills. I wrote that down is a question, and you saw right through that go ahead eighty three.
In counter, you're twenty three and twenty four. There are about eighty three rules that the Legislative Service Commission said would probably trigger for the rain Backed review. And we think that's a good thing. What we don't want is thousands of rules, small, large, and of all sizes. Going back to the legislature at this stage because they wouldn't want the most egregious.
Right, They wouldn't vote for the Rains Act if that if they were going to have to deal with that level of work. That's why I wrote it down. It's going to make our elected officials actually do more work, which usually I would think they wouldn't be inclined to vote for something like that.
Well, and we want the work that they do on this to be very focused because right now, in fact, we have, through the Common Sense Initiative and the Joint Committee on Agency Rule Review, every rule in regulation is viewed by a select committee of legislators to approve the those rules that the governor would put into place or their agencies would look to implement. The problem there, Brian, though, is you start to go blind seeing all the different
rules and rags. Many of them might be necessary or intended as part of the laws that were passed. But what we want to make sure gets an extra level of scrutiny and through the Rains Act is are those laws that have those fiscal impacts right, They're going to grow government by one hundred thousand or more, They're going to have a million dollar economic drag on the economy.
They're going to put extra compliance costs. We want to start there and stop those most egregious, most economically harmful regulations from moving as quickly as they might. And in this case, over the past two years, we had eighty three of them. We think eighty three eighty three rules and rags going to the legislature for their extra scrutiny and the people's input is a good thing and not a big ask of folks we send a columbus.
I would agree completely with that wholeheartedly. All right, call to action? Where do we go to get more information to help out? Obviously contacting our life good officials and saying vote for a house built eleven, but beyond that which website Donovan O'Neil.
Buckeye Blueprint dot com slash rains R E I n s. Buckeye Blueprint dot com slash r E I n s. Go there, get some more information, Contact your representative and tell them to vote in support of HB eleven.
Diving and Neil, Americans for Prosperity. God bless you for you and all the work that you and your team does, and Americans for Prosperity. You always have a welcome opportunity on the fifty five KRC Morning show to spread the word about this important work that you're doing. And I'll look forward to having you back on again real soon.
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