House Bill 1548, sponsored by Rep. Joel Bomgar, would allow restaurants to permit pet dogs on their property if they choose.
Last summer, the issue of dogs in restaurants came into the spotlight when the Department of Health said this is illegal after the Clarion Ledger ran a story on pet friendly restaurants. MDH cites the Food and Drug Administration’s Food Code model, which is housed in the U.S. Department of Health and Human Services, for the prohibition. That model recommends prohibiting animals in food service establishments, save for service dogs.
This would write the policy of permitting dogs, if a restaurant owner chooses, into law. This would prevent the Department of Health from issuing blanket prohibitions on dogs in restaurants in the future.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
Read HB 1548.
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House Bill 1260, sponsored by Rep. Randy Boyd, and Senate Bill 2790, sponsored by Sen. John Polk, would allow the Occupational Licensing Review Commission to review the substance of any existing regulations.
Mississippi’s Occupational Licensing Review Commission, adopted in 2016, is a great step to reigning in the regulatory arm of the state, but is limited to new regulations only. This would give the Commission – which is made up of the governor, attorney general, and secretary of state – the ability to review any existing regulation and to act upon it if it does not:
- Increase economic opportunities for all of its citizens by promoting competition and thereby encouraging innovation and job growth.
- Use the least restrictive regulation necessary to protect consumers from present, significant and substantiated harms that threaten public health and safety.
Today, Mississippi has more than 117,000 regulations, which numerous empirical studies show to have a detrimental effect on economic growth. Mississippi also licenses 66 low-and-middle income occupations. According to a recent report from the Institute for Justice, Mississippi has lost 13,000 jobs because of occupational licensing and the state has suffered an economic value loss of $37 million.
This change would help the state continue the stated goals of decreasing our regulatory burden and increasing economic opportunities.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
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Senate Bill 2823, sponsored by Sen. Dennis DeBar, would provide a new pathway to receive an occupational license, making it easier to earn a living.
This bill would allow individuals to complete an apprenticeship program in lieu of the traditional classroom hours to obtain an occupational license. You would still need to complete any necessary tests and pay all the required fees. The apprenticeship program will also count toward school credit.
This is a good step toward making it easier to earn a living in Mississippi.
Today, about 19 percent of Mississippians are in an occupation that requires a license. And this is particularly troubling in low and middle-income occupations. Mississippi currently licenses 66 of 102 lower-income occupations, as identified by Institute for Justice.
On average, licensing for low and middle-income occupations in Mississippi requires an individual to complete 160 days of training, to pass two exams, and to pay $330 in fees. Those numbers will vary depending on the industry. For example, a shampooer must receive 1,500 clock hours of education. A fire alarm installer must pay over $1,000 in fees.
The net result is a decrease in the number of people who can work. A study from the National Bureau of Economic Research found that occupational licensing reduces labor supply by 17 to 27 percent.
In Mississippi, the Institute for Justice estimates that licensing has cost the state 13,000 jobs. That represents two Nissan plants that could be created by reducing our licensing burden, and it wouldn’t require a dime in taxpayer incentives.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
Read SB 2823.
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One hundred years ago, almost to the day, our nation crippled the alcohol industry and swept its economic impact under the rug with the launch of nationwide prohibition.
In banning alcohol, we opened the door for the legend of Al Capone, for the literature of F. Scott Fitzgerald in the Great Gatsby, and for the great sport that is NASCAR. And yet, it is now time to fully close the door on this failed policy in Mississippi.
You may think that prohibition ended long ago, but in truth, antiquated laws and regulations have remained on the books which have crippled many small businesses, stifled entrepreneurship, and left Mississippi in the dust when it comes to the modern boom of the alcohol industry. Luckily, sensing the shift in public opinion, a series of bills have been introduced this year in our legislature that would work to release the shackles which have so long weighed down our market in the state.
Sunday sale of alcohol. Grocery stores allowed to sell wine. Direct shipment of wine. Expansion of liquor licenses. Privatization of distribution. Craft brewery freedom. Regulatory reform. A range of great bills have been introduced that would dramatically empower both the consumer and the entrepreneur. These ideas have the capacity to decisively make this the year of alcohol freedom, and officially end prohibition in the state.
This legislation is not just about alcohol, but about one’s fundamental right to make decisions for ourselves without the government trying to make decisions for us. Does the state believe we are not intelligent enough to control our own lives? While this expansion of freedom and personal liberties should truly be enough to stir the heart of any patriot into action, it is also worth noting the dramatic economic impact that these policies could have on our communities.
With many of our leaders discussing workforce development and constantly seeking to attract new business into the state, often with taxpayer money or resources, it becomes all the more critical that we embrace existing market opportunities and encourage entrepreneurship locally. Give the craft brewer the freedom he needs to run a successful business, the store owner the freedom she needs to expand and open multiple stores, and the consumer the chance to choose where he wants to purchase his wine.
The 2018 Economic Impact Study of America’s Beer, Wine & Spirits retailers found that beverage retailers alone create more than 2.03 million jobs from the sale of alcohol. The direct economic impact of the retail industry is “more than $122.63 billion annually; the total economic impact of the industry is $363.33 billion annually. This creates $47.9 billion in local, state, and federal taxes.” Yet, we have turned our back on these jobs and this investment, by restraining our local businesses and making it difficult, if not impossible for them to operate.
Furthermore, while the entire alcohol industry is growing around the country, the Beverage Information Group has found that it is the small businesses in the market who are expanding the fastest. Thus, in continuing our current policies, we hurt local small businesses the most. With massive restrictions on how breweries and distilleries can sell directly to customers, it is no wonder that Mississippi is annually ranked last in terms of craft beer production. While this industry operates with $650 of economic production per capita in Vermont, in Mississippi it only produces $150 per capita. This industry is so impactful, the University of Vermont even offers a program on the business of craft beer.
Imagine the degree of growth we could experience if we released the chains that we have used for so long to tie down our small businesses in Mississippi, within the alcohol industry and beyond. Only by finally and truly ending prohibition in the state, can we launch an economic expansion powered by alcohol freedom.
Not only do we deserve the liberty to build businesses and make consumption choices without government shutting us down, but we deserve to experience the economic growth and investment in our economy that so many other states are currently seeing. I dream of the day that I can enjoy a locally brewed beer with the knowledge that I live in a state that encouraged that small business to flourish and expand rather than wither.
This column appeared in the Meridian Star on February 21, 2020.
House Bill 979, sponsored by Rep. Brent Powell, would end the state’s prohibition on alcohol.
Right now, the state has a patchwork system from the 1966 repeal of prohibition because of local control over alcohol sales. The default setting for counties and cities is dry and changing it requires an election.
This bill would change the default status of counties to wet and require an election for a county to become dry once more. Right now, according to data from the Mississippi Department of Revenue, there are 31 counties in the state. Simpson county was the latest county to go from dry to wet after an election last year. Rankin county is the largest "dry" county in the state, though Pearl, Brandon, and Flowood allow liquor by the glass. Beer is available for sale at grocery stores and convenience stores, but liquor stores are prohibited.
This bill would end the requirement for “qualified resort areas” in dry counties where liquor can be served. The Mississippi legislature has to pass a bill for each area and these bills pop up every year. The counties that don’t want to allow the sale of alcohol will still have the option to remain dry.
Mississippi has many laws on the books that restrict alcohol freedom in the state. Perhaps none is more stifling than the current default as a dry state. This bill would provide for economic growth in the numerous dry counties where residents simply cross county lines to purchase alcohol.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
Read HB 979.
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Senate Bill 2830, sponsored by Sen. Josh Harkins, would expand the state’s Right to Try law.
Right to Try laws gives terminally ill patients the ability to try medicines that have not yet been approved by the federal government for market. Mississippi enacted Right to Try legislation in 2015, part of a movement that has swept across the country. To date, 41 states have enacted similar legislation and it became federal law in 2018.
This bill would expand the current list of eligible patients to an individual with a traumatic injury and would also allow adult stem cells as a treatment option.
This would expand upon the current individual freedoms for terminally ill patients who have exhausted their government-approved options and are simply looking for another option.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
Read SB 2830.
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House Bill 1210, sponsored by Rep. Dana Criswell, and Senate Bill 2725, sponsored by Sen. Chuck Younger, would allow for the cultivation of hemp in Mississippi. This is currently legal in 47 states.
We have seen a massive move toward hemp legalization at the state level after the 2018 Farm Bill expanded the cultivation of hemp. Previously, federal law did not differentiate hemp from other cannabis plants, even though you can’t get high from hemp. Because of this, it was essentially made illegal. But we did have pilot programs or limited purpose small-scale program for hemp, largely for research.
Now, hemp cultivation is much broader, with the Farm Bill allowing the transfer of hemp across state lines, with no restrictions on the sale, transport, or possession of hemp-derived products. There are still limitations, but most states have taken the opportunity to find new markets for those who would like to cultivate hemp.
While law enforcement has raised concerns about the inability to distinguish between hemp and marijuana, that should not distract from the fact that hemp could be an economic boost for many, and something the state should not prohibit.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
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House Bill 1214, sponsored by Rep. Lee Yancey, would repeal Certificate of Need laws in Mississippi. CON laws work to stifle competition, limit choice, and raise the cost of healthcare for consumers.
CON laws require would-be medical providers to prove — essentially to their competitors — that their community needs a new facility or service. The equivalent in the computer business would be a law prohibiting a startup (i.e., Apple) from entering the market without permission from IBM. Such a law would have prevented Apple from ever getting off the ground, making the iPhone revolution very unlikely. Just as competition in the computer industry has helped billions of consumers worldwide, repealing CON laws will increase the quality of healthcare for millions of Mississippians.
CON laws are a relic of a short-lived federal mandate that was repealed in 1986. After an initial push in the states to roll back these laws, lawmakers have been reluctant to challenge hospital monopolies. Rising healthcare prices, as well as rapid advances in technology, are encouraging state lawmakers to realize that CONs are harmful. In 2019, Florida repealed its CON law for hospitals and tertiary services. Likewise, Georgia recently reformed its CON laws.
Fifteen states currently have no CON laws. Both the Trump and Obama administrations have strongly urged states to repeal CON laws.
The Mississippi Department of Health is the central planner tasked with administering the state’s CON program. The Department’s CON Review program applies to “the establishment of new healthcare facilities, the offering of defined new institutional health services, and the acquisition of major medical equipment.” Some of the covered services include: Open heart surgery, in-patient rehabilitation services, chemical dependency services, radiation therapy services, diagnostic imaging, nursing home care, home health services, ambulatory surgical services, and long-term care hospital services. In some cases, such as for skilled nursing facilities, no CONs are being issued at all due to prohibitions enacted in the early 1980s.
Recent studies by economist Thomas Stratmann demonstrate that non-CON states have more hospital beds per capita, more rural hospitals, and more access to MRI machines. Stratmann also found that healthcare providers in CON-law states “tend to provide lower-quality services” and that “deaths from treatable complications following surgery and mortality rates from heart failure, pneumonia, and heart attacks are all significantly higher among hospitals in CON states than in non-CON states.”
Far from improving healthcare outcomes for the poor, as some claim, CON laws actually have a disproportionate impact on low-income consumers. They also correlate with negative healthcare outcomes for minorities. Researchers have found no evidence that CON laws result in more uncompensated/charity care — a supposed benefit derived from protecting hospital monopolies in low-income and rural areas.
This bill would require a three/fifths vote for passage.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
Read HB 1214.
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Senate Bill 2552, sponsored by Sen. Briggs Hopson, would remove the prohibition on how much alcohol a craft brewery can sell on its premises.
Currently, breweries cannot sell more than 10 percent of what they produced at their own place of business each year. The law essentially limits what a business is allowed to sell. But this was actually a step forward from the prior law that prohibited breweries from selling directly to consumers.
Still, the laws are limiting for consumers, and the state’s economy. Mississippi ranks last in terms of craft beer production. While the industry operates with $650 of economic production per capita in Vermont, it only produces $150 per capita in the Magnolia State.
We can grow the economy by removing regulations and barriers that prevent growth and opportunity. Eliminating this arbitrary cap would be a step in the right direction, and would help the state become a larger player in this growing industry.
MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported.
Read SB 2552.
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