Research Reports: Law & Regulation

Low-cost Energy Source That Curbs Emissions and Land Impacts

“Sixth Circuit Loses Patience with the IRS”

Model Resolution on Regulatory Overcriminalization

In the last two years, academics and scholars of public policy have identified North Carolina as a state with an overly complex criminal code that can ensnare small businesses, farmers, and individuals who unknowingly fail to comply with regulatory rules. In 2014, Professor Jeff Welty of the UNC-Chapel Hill School of Government published an article in the North Carolina Law Review, “Overcriminalization in North Carolina”; and James Copland and Isaac Gorodetski, directors respectively of the Center for Legal Policy and the Center for State and Local Leadership at the Manhattan Institute for Policy Research, published a primer, “Overcriminalizing the Old North State.”

The John Locke Foundation has a long-standing interest in the Map Act, which we have criticized for being “inefficient, unfair, and unnecessary.” We have repeatedly urged the General Assembly to repeal or reform it. We have also taken a keen interest in Kirby v. NCDOT and in the legal and constitutional issues that it raises.

This paper therefore proposes a state-based REINS Act as a key sunrise provision to prevent adding unnecessary and harmful regulations to the state’s regulatory burden. It describes aspects of a REINS Act for North Carolina.

This report is an attempt to identify the scope and cost of regulations in the state of North Carolina. The state’s record is mixed in terms of regulatory burden. One prominent index ranks North Carolina fifth in the nation when it comes to business friendliness. In contrast, the John Locke Foundation’s “First in Freedom Index” ranks North Carolina 36th in “regulatory freedom.”

What the healthcare industry needs is a strong dose of disruptive innovation — relaxing regulations that will increase provider competition, force downward pressure on costs, and enhance patient choice. CON ultimately picks who gets to compete within the health care sector. Reforming the law will by no means untangle the complexities of health care, but state lawmakers should capitalize on an opportunity to make one of the most highly regulated industries a little less heavy on the red tape and a little more patient friendly.

The John Locke Foundation is continuing its tradition, started in 1995, of offering an alternative to the governor’s budget recommendation. Consistent with prior years, this JLF budget focuses on core government. This budget spends less in both years of the biennium than the governor’s, and only increases spending by 2 percent from the last fiscal year.

A transition away from licensure and into voluntary private certification would inject freedom and choice into the market for service professionals and into the labor market. It would pay dividends in terms of job creation particularly in low-income neighborhoods.