Speaker 1: I have KCD talk station Heavy Wednesday. No Judge to
Speaker 1: Polatona today. He had a prior engagement, so I did
Speaker 1: read from his column this morning. But today we get
Speaker 1: the return to Donovan and Neil from Americans for Prosperity. Donovan,
Speaker 1: welcome back to the morning show, my friend. It's always
Speaker 1: great having.
Speaker 2: You on prank.
Speaker 1: Good to be back with you. And so we got
Speaker 1: a high version of the Rains Act regulations from the
Speaker 1: Executive in Need of Scrutiny Act. Is that what we're
Speaker 1: talking about here.
Speaker 2: Absolutely, We've got the opportunity to get that done here
Speaker 2: in the Buckeye State. It's never been more important.
Speaker 1: All Right, Well, let's break it down from a listening
Speaker 1: audience and for me too as well. Let's talk about
Speaker 1: why we needed and why it's so important.
Speaker 2: Yeah. Well, when we talk about regulatory reform, there's a
Speaker 2: couple of different things you can do, and we're seeing
Speaker 2: that happen here in Ohio over the last several years.
Speaker 2: But we're seeing an extra level of spotlight on it
Speaker 2: at the national level with the new Trump administration and
Speaker 2: what they're doing with things like dough. So what you
Speaker 2: got to do first is you got to inventory the
Speaker 2: red tape. You got to know how bad the problem is, right,
Speaker 2: the red tape and regulations, and we've we've got that
Speaker 2: here in Ohio through some bills we've passed over the
Speaker 2: last few years. The other thing you could do is
Speaker 2: you can doze it up, right. You can take that
Speaker 2: Government Efficiency Department and really start looking and just refining
Speaker 2: and cutting and removing the excess agencies and spending that
Speaker 2: doesn't need to be there. But if you want to
Speaker 2: really stop the growth, which is I think the important
Speaker 2: thing to do here, right, we've got to stop the
Speaker 2: proliferation and growth of regulations. You need the Rains Act,
Speaker 2: which proactively requires any ruler regulation over a certain dollar threshold.
Speaker 2: And we could break that down for you here in
Speaker 2: a minute, But any ruler regulation over a dollar a
Speaker 2: certain dollar threshold from the executives the governor in this
Speaker 2: case in Ohio to go before the entire legislative body.
Speaker 2: So they've got to convince a majority of one hundred
Speaker 2: and thirty two members across the House and Senate that
Speaker 2: this is a good idea. Putting these new rules and
Speaker 2: rags could to have a significant cost to the economy,
Speaker 2: are a good idea and the intent of the legislature
Speaker 2: when they originally passed whatever law the governor's citing for
Speaker 2: this new.
Speaker 1: Authority, which I mean, and therein lies the problem in
Speaker 1: a federal government. And unfortunately, the Supreme Court, the United
Speaker 1: States Supreme Court stepped in and on its own has
Speaker 1: helped pair back certain rags, like a tablespoon of water
Speaker 1: is not a navigable stream, even though the eggheads behind
Speaker 1: the scenes of the EPA determined that it was by
Speaker 1: implementing an arbitrary and capricious regulation, and that has a
Speaker 1: significant and profound impact on so much land use. So
Speaker 1: Supreme Court said, no, no, you can't do that. The
Speaker 1: power that the regulations must specifically come from an authority
Speaker 1: that was delegated under the law, and you've exceeded that authority.
Speaker 1: So it's kind of a sliding scale moving approach. The
Speaker 1: Rains Act actually would be a law codifying that reality.
Speaker 1: So for anything that impacts economy more than X number
Speaker 1: of dollars, which we'll get to in a minute, that
Speaker 1: the legislative branch has to specifically approve the regulation.
Speaker 2: That's right, and this is going to force legislatures to
Speaker 2: do things that they've sort of abdicated over the last
Speaker 2: several decades, right, which is saying we don't have claiming,
Speaker 2: we don't have the expertise to create the definition of
Speaker 2: the law, really really do lawmaking, which is our job,
Speaker 2: which is really their job. Right now, we're going to
Speaker 2: hand it over to another agency, another branch of government.
Speaker 3: Fill then deal with it. Yeah.
Speaker 1: Yeah, here's here's a couple of words on a sheet
Speaker 1: of paper. You guys do all the laboring work behind
Speaker 1: the scenes. And oh, by the way, none of you
Speaker 1: are accountable to the voters for doing what you do.
Speaker 1: Let's pause. We'll bring Donovan and Neil back and get
Speaker 1: some of the specifics on this. The dollar Man's one
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Speaker 1: At seven forty or fifty five Krcity Talks station, Donald
Speaker 1: and Neil Americans for Prosperity going over this Ohio version
Speaker 1: of the Rains Act. And I think it's an important
Speaker 1: piece of legislation. You know, I got to go back
Speaker 1: to the high comedy that we just briefly touched upon
Speaker 1: there at the end. You know, we elect people to
Speaker 1: represent us in Columbus, and they're not experts. That they're not.
Speaker 1: I mean, they may be an expert in some given field.
Speaker 1: I mean, there could be a physician up there who
Speaker 1: was a cardiac specialist, and if you ask them things
Speaker 1: about cardiac issues or medical issues related related to your heart,
Speaker 1: he could probably answer questions all day long. But if
Speaker 1: you ask him something about technology, he'll give you a
Speaker 1: deer in the headlights kind of look. And yet they
Speaker 1: are legislating literally over every aspect of our lives, people
Speaker 1: who don't have a fundamental understanding of what they're legislating over.
Speaker 1: It reminds me that we elected somebody to member of Congress.
Speaker 1: They thought Guam was going to capsize if we built
Speaker 1: another building on it. That's how dumb some of them are, right, Donovan.
Speaker 1: So what happened? Somebody gets a bug in their ear
Speaker 1: and it's probably some lobbyists looking out for some companies
Speaker 1: or some industries own best interests and says, you really
Speaker 1: need to pass the law that does X, and it
Speaker 1: has some appeal and it resonates with half of these
Speaker 1: members and they think, you know, that sounds like a
Speaker 1: great idea, but the devils in the details. They don't
Speaker 1: put the details into legislation. They just pass it. You know,
Speaker 1: widgets shall be manufactured according to industry standards, and then
Speaker 1: somebody can behind the scenes, creates industry standards and ends
Speaker 1: up regulating something to the point where it makes it
Speaker 1: too expensive or whatever happens. But they're dumb collectively speaking,
Speaker 1: and I don't need to be insulting to them. I
Speaker 1: am dumb on a whole lot of topics as well.
Speaker 1: But that's where all these regulations come from. Right, they
Speaker 1: go to the back room, and they got the eggheads
Speaker 1: in the back who purport to be experts, although Donovan,
Speaker 1: we don't know that they necessarily are either right. For
Speaker 1: the same reasons, I just illustrated with the elected officials.
Speaker 1: They just happen to work in any given apartment, which
Speaker 1: means somebody like Rassmuton is whispering in their ear and
Speaker 1: feeding them the details about what regulations need to be passed,
Speaker 1: and they put them on paper and say here, we
Speaker 1: did the work for you. Oh yeah, that was good.
Speaker 1: And then they implement the regulations and we end up
Speaker 1: with a big tab for it, and that tab can
Speaker 1: be literally millions of dollars in additional cost of business
Speaker 1: and industry and the taxpayers here in Ohio. I mean,
Speaker 1: if I got that pretty much boiled down, even if
Speaker 1: you wouldn't have put it that way, I think you've
Speaker 1: got it.
Speaker 2: You hit the nail on the head, Brian, And I
Speaker 2: mean that's part of what the founding fathers. I think
Speaker 2: it's many ways envision right was a citizenry that represents
Speaker 2: the people and runs our government. And I think the
Speaker 2: idea here it needs to be. I think the resputant
Speaker 2: analogy is pretty spot on, because what we think we
Speaker 2: really want writer o legislators who ask a lot of
Speaker 2: really hard questions, and it still doesn't quite add up.
Speaker 2: The idea doesn't go anywhere. But I think too often
Speaker 2: what we find is they will get a crisis presented
Speaker 2: to them and they will be told if you don't
Speaker 2: pass this, X number of your constituents are going to
Speaker 2: die or get sick or pass away, or you know
Speaker 2: this or that is going to happen if the government
Speaker 2: doesn't act. And they they rather than asking the hard questions,
Speaker 2: slowing the process down and making sure they really deeply
Speaker 2: understand it before they give the government more power, they
Speaker 2: just pass the law and expect the executive to figure
Speaker 2: it out, like you're saying, right, And I think legislation
Speaker 2: like the Rains Act right will put the onus back
Speaker 2: on the people who we directly elect. Many of us
Speaker 2: personally know, right, they go to our churches, our gym,
Speaker 2: they shop at the Kroger we shop at right, and
Speaker 2: give us the ability to actually ask them those hard
Speaker 2: questions and put it back on them to do the
Speaker 2: job they were liked to do, which is really understand
Speaker 2: how important these issues are do they actually do. We
Speaker 2: actually need to be giving the government more power and
Speaker 2: authority when when there's when there's when something's presented to them,
Speaker 2: and if they can't if that, if that case can't
Speaker 2: be crewly made, the legislature should be kicking these bills
Speaker 2: out and saying no, this isn't a job for the government.
Speaker 1: This forces this Rainzact forces a thoughtful, contemplative analysis before
Speaker 1: the law gets passed and before regulation gets passed, and
Speaker 1: in fact requires pretty much the regulatory work to be
Speaker 1: incorporated into the law. Is that a fair statement.
Speaker 2: Yeah, well, it's actually after the law's passed, right, And
Speaker 2: so what we see happen, Like, let me ask you this, Brian,
Speaker 2: did Congress ever authorize eliminating gas powered vehicles in the
Speaker 2: United States by twenty thirty? What law did the Congress pass.
Speaker 1: That said do this?
Speaker 2: Right?
Speaker 1: EPA cafe standards? Yeah, yeah, So I think that's a.
Speaker 2: Great example coming to the beings around the state we've
Speaker 2: been having on this, is that Congress never said to
Speaker 2: do this. Some bureaucrat, a really smart one, came up
Speaker 2: with that idea, developed it and put it into place
Speaker 2: because they had an executive whould do it? RAINSAC would
Speaker 2: force those ideas back to then, in this case, Congress
Speaker 2: to the legislature and say, hey, did you really mean
Speaker 2: this as an authority you gave, you know, back in
Speaker 2: nineteen seventies, when you gave the EPA more authority, or
Speaker 2: is this a step too far? And I hope would
Speaker 2: be Congress would say that's a step too far. If
Speaker 2: nothing else, just not act on it, and so the
Speaker 2: rule or law, the regulation would die. That could happen
Speaker 2: as well, But that's the idea is it's how we
Speaker 2: get bureaucrats who do creative interpretations of the law. It's
Speaker 2: going to put those folks in a real jam and
Speaker 2: slow them down to the benefit of the American people.
Speaker 2: You know.
Speaker 1: It forced them to hold hearings with you know, the
Speaker 1: pros and con advocates each side, which they can weigh
Speaker 1: and analyze and put some thought into it before they say, yeah,
Speaker 1: you know that regulation is actually a good one and
Speaker 1: it's worthy, the expenditure of money is actually worth it,
Speaker 1: so we are going to give our stamp of approval
Speaker 1: on it. Or no, you didn't convince me, or it's
Speaker 1: too expensive, it's too much of a bonus on the
Speaker 1: on the Ohio voters. Sorry, we're not we're not gonna.
Speaker 1: We can't go with that. I like the idea. I
Speaker 1: think it's an excellent one. It would solve a lot
Speaker 1: of problems. Which is this House Bill eleven? Do I
Speaker 1: have that right?
Speaker 2: Yep? It's House Bill eleven. It's had three hearings so far,
Speaker 2: and we're we're being told, but we're going to keep
Speaker 2: you know, we'll see what we want to see it happen.
Speaker 2: We want to see it get on the schedule. It
Speaker 2: should get a hearing, and hopefully we'll get actually voted
Speaker 2: out of the Ohio House a week from today, next Wednesday.
Speaker 2: It's why we put the coalition letter out and we're
Speaker 2: raising the alarm bells this week to make sure it's
Speaker 2: top of mind for legislators and their constituents going into
Speaker 2: session next week.
Speaker 1: All right, what's the dollar figure that kicks in that
Speaker 1: requires them to go through this process after all laws
Speaker 1: passed and a regulation comes out.
Speaker 2: Well, there are three triggers here. So one is compliance costs. Right,
Speaker 2: So when a new rule is implemented, you got to
Speaker 2: probably hire new lawyers or hr professionals or other folks
Speaker 2: right into your business. So if compliance costs go up
Speaker 2: at one hundred thousand dollars, it will trigger. If it
Speaker 2: requires the agency to expand its budget by over one
Speaker 2: hundred thousand dollars, it would trigger the Rains Act review.
Speaker 2: But most importantly, if a new rule of regulation would
Speaker 2: have a drive on the economy greater than a million dollars. Right,
Speaker 2: so they put these tailpipe emission laws into place, and
Speaker 2: it's going to kill the auto industry. That's a major
Speaker 2: drug to the economy. Right. But in Ohio, the rule
Speaker 2: proposed by the governor's over a million dollars, it would
Speaker 2: trigger sending it to the legislature. You might be wondering, Okay,
Speaker 2: how many would that be? How much more work are
Speaker 2: we putting on our poor state representatives and sanders to
Speaker 2: have that?
Speaker 1: I wrote more bills. I wrote that down is a question,
Speaker 1: and you saw right through that go ahead eighty three.
Speaker 2: In counter, you're twenty three and twenty four. There are
Speaker 2: about eighty three rules that the Legislative Service Commission said
Speaker 2: would probably trigger for the rain Backed review. And we
Speaker 2: think that's a good thing. What we don't want is
Speaker 2: thousands of rules, small, large, and of all sizes. Going
Speaker 2: back to the legislature at this stage because they wouldn't
Speaker 2: want the most egregious.
Speaker 1: Right, They wouldn't vote for the Rains Act if that
Speaker 1: if they were going to have to deal with that
Speaker 1: level of work. That's why I wrote it down. It's
Speaker 1: going to make our elected officials actually do more work,
Speaker 1: which usually I would think they wouldn't be inclined to
Speaker 1: vote for something like that.
Speaker 2: Well, and we want the work that they do on
Speaker 2: this to be very focused because right now, in fact,
Speaker 2: we have, through the Common Sense Initiative and the Joint
Speaker 2: Committee on Agency Rule Review, every rule in regulation is
Speaker 2: viewed by a select committee of legislators to approve the
Speaker 2: those rules that the governor would put into place or
Speaker 2: their agencies would look to implement. The problem there, Brian, though,
Speaker 2: is you start to go blind seeing all the different
Speaker 2: rules and rags. Many of them might be necessary or
Speaker 2: intended as part of the laws that were passed. But
Speaker 2: what we want to make sure gets an extra level
Speaker 2: of scrutiny and through the Rains Act is are those
Speaker 2: laws that have those fiscal impacts right, They're going to
Speaker 2: grow government by one hundred thousand or more, They're going
Speaker 2: to have a million dollar economic drag on the economy.
Speaker 2: They're going to put extra compliance costs. We want to
Speaker 2: start there and stop those most egregious, most economically harmful
Speaker 2: regulations from moving as quickly as they might. And in
Speaker 2: this case, over the past two years, we had eighty
Speaker 2: three of them. We think eighty three eighty three rules
Speaker 2: and rags going to the legislature for their extra scrutiny
Speaker 2: and the people's input is a good thing and not
Speaker 2: a big ask of folks we send a columbus.
Speaker 1: I would agree completely with that wholeheartedly. All right, call
Speaker 1: to action? Where do we go to get more information
Speaker 1: to help out? Obviously contacting our life good officials and
Speaker 1: saying vote for a house built eleven, but beyond that
Speaker 1: which website Donovan O'Neil.
Speaker 2: Buckeye Blueprint dot com slash rains R E I n s.
Speaker 2: Buckeye Blueprint dot com slash r E I n s.
Speaker 2: Go there, get some more information, Contact your representative and
Speaker 2: tell them to vote in support of HB eleven.
Speaker 1: Diving and Neil, Americans for Prosperity. God bless you for
Speaker 1: you and all the work that you and your team does,
Speaker 1: and Americans for Prosperity. You always have a welcome opportunity
Speaker 1: on the fifty five KRC Morning show to spread the
Speaker 1: word about this important work that you're doing. And I'll
Speaker 1: look forward to having you back on again real soon.
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