1. John Palatiello NSPS Government Affairs Consultant October 2, 2017
The Campaign Against Occupational Licensing
John Palatiello
NSPS Government Affairs Consultant
October 2, 2017

2. Expansion of Licensing

3. Expansion of Licensing
U.S. workforce subject to licensing has risen from 5% in 1950s to almost 30% today by some estimates
Limit competition, entrepreneurship
Barrier to new market entry
Disproportionately restricts employment among lower income and minority workers
Portability of licenses between states is a particularly problem for military spouses who are often relocated
Many licenses have no benefit to public health, welfare and safety

4. Expansion of Licensing
Is all licensing necessary?
painting contractor, florist, cosmetologist, hair-braider, tour guide
Virginia – boxing promoters … 4
Louisiana - only licensed undertakers could sell caskets to the public, until overturned by a court

5. Proponent of Reform Koch Brothers, Americans for Prosperity
American Legislative Exchange Council
Institute for Justice
Obama Administration

6. Key Activities ALEC Model Law, July 2012
House Small Business Committee hearing, March 2014
COFPAES Letter on Value of A/E Licensing
North Carolina State Board of Dental Examiners v. Federal Trade Commission, February 2015
White House paper, July 2015
Senate Judiciary Committee hearing, February 2016
S (Sen. Lee R-UT) and H.R (Rep. Issa R-CA)
FTC Roundtable on Licensing, July 2017
Lee amendment to National Defense Authorization Act for FY 2018
House Judiciary Committee hearing, September 2017

7. Texas Supreme Court
Patel v. Texas Department of Licensing and Regulation
Re: eyebrow threaders , June 2015
"The requirement of 750 hours of training to become licensed is not just unreasonable or harsh [it is] so burdensome as to be oppressive."

8. Senate Appropriations
Department of Labor, FY 2017
Occupational Licensing Portability Initiative – $8.5 million to support the continuation of a new effort to establish a consortium (or multiple consortia) of states to analyze and develop frameworks for reciprocity or other forms of portability for certain occupational licenses.  This will help reduce unnecessary barriers to mobility and re-employment for thousands of dislocated workers, transitioning service-members, military spouses, and others.

9. Suggested Action Keep an eye on state legislatures
Coordinate with state surveying society
Distinguish surveying from frivolous, ludicrous licensing schemes
Use arguments from sunset review
Make case for protection of public health, safety and welfare

10. Further Information

11. Further Information

12. John Palatiello, NSPS Government Affairs Consultant
President, John M. Palatiello & Associates, Inc.
1856 Old Reston Avenue, Suite 205
Reston, VA
(703)