Back to the Future on Licensing in Missouri

Many are familiar with the plot of the classic movie Back to the Future. While I am probably thinking of my job too much, I see this story relating to the status of licensing regulations in the most recent legislative session.

Missouri passed universal licensing reciprocity in 2020, meaning licenses from all other states can be used in Missouri. For example, 37 states across the country require licensure to be a makeup artist. Licensing reciprocity means that anyone who has a license in one of the 37 states can have Missouri licensing requirements waived when they move to Missouri to be a makeup artist. This policy lowers barriers to entry for professionals and in turn, increases the supply of workers and services. With increased supply and competition, quality increases while prices decrease.

However, Missouri legislators have taken the DeLorean and gone back in time by sending two bills (Senate Bill (SB) 157 and SB 70) to the governor’s desk. The bills would create a new licensing compact and also have Missouri join two other existing compacts. Licensing compacts allow workers with licenses in one state to practice without additional licensing requirements in other states in the compact. These compacts are essentially a less inclusive version of licensing reciprocity. Former Show-Me Institute Analyst Corianna Baier explained the harm licensing compacts can cause:

[T]he current licensing reciprocity statute states that licensing reciprocity “shall not apply to an oversight body that has entered into a licensing compact with another state for the regulation of practice under the oversight body’s jurisdiction.” On its face, this language indicates that the license compact would overrule licensing reciprocity to the injury of Missouri consumers.

Essentially, a compact would partially cancel out licensing reciprocity. Missouri, like Mrs. McFly, is obsessing over the wrong thing. To use the makeup artist example: with reciprocity, anyone from any state (which has a license) can work in Missouri without having to get a new license; under a compact, only makeup artists from states included in the compact reap the benefits.

As Institute analysts have noted repeatedly, this glitch needs to be ironed out with a language change. If we remove the “compact exception” then Missouri can “restore the timeline” and Missouri will once again have full licensing reciprocity.

At this point you may be wondering: what is the benefit of compacts? The benefit of keeping compacts is that many other states don’t have reciprocity. For example, to practice telehealth in another state, one needs to be eligible in that state. While Missouri lets any license apply to our own state, suppose Arkansas does not have the same rules. Therefore, with the passage of the compact, a doctor in Cape Girardeau could now practice telehealth in Little Rock if Arkansas became a member of the same compact.

State regulatory boards are certainly satisfied with the expansion of compacts in our state, but our policymakers need to look out for the interests of Missouri consumers. Fixing the language that puts compacts and reciprocity in conflict would be a win for everyone in Missouri. Hopefully we will not need two more sequels to solve our issues.

“Mr. Mayor, Tear Down This House!”

The average size of American homes has increased dramatically in the post-war period. (And by post-war, I mean post-World War II, not post-Grenada.) The average size of a home has increased from 909 sq. ft. in 1949 to 2,480 sq. ft. by 2021.

Where do we put these larger homes? Well, obviously, many of them are new homes in outer suburbs around the country. But many of them are also infill housing, which simply means someone (often a developer or rehabber who plans to flip the property) buys an older home in a developed area and either substantially remodels it or tears it down and rebuilds from scratch. Usually, as the trend above indicates and the profit margin often requires, the new “infill” house is larger than the prior house. Because there are two constants in life—change and people complaining about change—infill housing often becomes a public policy issue.

While many cities have dealt with the issue of infill housing in Missouri, two cities are debating the issue right now. Columbia and Glendale are both considering changing their municipal codes to address infill housing, though Columbia at least for now has decided against any changes. The objections in both places—and basically everywhere this debate occurs—are very similar. I agree with some and disagree with some. In Columbia, supporters of a moratorium on in-fill development in part of the city described the concerns thusly:

Infill development doesn’t match the character or the scale of the existing neighborhood, historic buildings are not adequately protected, there is a lack of affordable housing, and the areas need better storm water management, stronger development buffers and increased walkability.

Remember, these aren’t really zoning disputes. In many cases, you have single family homes replaced by larger single-family homes. The infill housing in question in Columbia is a bit different, given that it’s a college town with more multi-family (i.e. student) housing in the area. Let’s start with where I agree with some limits or regulations on in-fill housing, which are the very real concerns about the stormwater and flooding issues. That is a big part of the Glendale debate. Tearing down an older home and replacing it with a larger home often involves filling up much more of the lot with concrete and asphalt, with much less space to retain water. Just a few of these infill houses on a block can mean worse flooding for downhill neighbors. These water issues are a legitimate issue for cities to address, either by requiring improved stormwater systems or requiring minimum greenspace on a lot.

What don’t I agree with? Generally, the neighborhood character argument. As people objecting to a development in St. Louis County a decade ago phrased it:

The “McMansions” of Berra’s proposed Estates are too large for small lots and are crammed together to maximize profits, while irrevocably changing the character and density of a treasured neighborhood, 15 residents living near Schuessler Road told the panel. They presented a petition with 186 signatures opposing the development.

The character of a neighborhood is not for the government to decide. That is best left to market decisions or homeowner indentures (which are now easier to amend in Missouri). Yes, the difference between neighborhood indentures and government zoning and regulations may seem small, but I think it is important. There are many aspects of life we do because of social commitments, not government mandates or laws. I can sympathize with objections based on size of the homes, etc., even if I don’t agree with them. I have much less sympathy for government regulations on “neighborhood character” issues like siding, color, heights, plywood, and so on. Those are decisions for people to make with their property, not the government, even in instances where the neighbors may reasonably hate it.

The End of the Session Episode

Susan Pendergrass, Elias Tsapelas, and David Stokes join Zach Lawhorn to discuss the end of 2023 Missouri legislative session.

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Produced by Show-Me Opportunity

Watch or Listen: Jay Nordlinger – Adventures in Journalism

On May 9, 2023, Jay Nordlinger delivered a talk titled “Adventures in Journalism” at Lindenwood University in St. Charles, Missouri.

During the talk, Nordlinger surveys today’s media landscape with what has become frequent dismay.

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“We’ve never had so much journalism and so many outlets, which is great,” the National Review senior editor says. “But politics and journalism have merged, and … I’ve seen a lot of journalists begin to act like politicians with political calculations. That’s crippling to a writer.”
“You’ve got to be free at the keyboard,” he says, “to pursue the truth as you find it.”

Nordlinger, who lives in New York, writes the column “Impromptus” for NationalReview.com and is a book fellow of the National Review Institute. He’s the author of two books: Peace, They Say: A History of the Nobel Peace Prize, the Most Famous and Controversial Prize in the World and Children of Monsters: An Inquiry into the Sons and Daughters of Dictators. Selections of his work have been republished in two anthologies.

He also is a music critic for The New Criterion and the host of two podcasts, Q&A and Music for a While.

The event was co-presented by the Show-Me Institute, National Review Institute, the John W. Hammond Institute for Free Enterprise, and Show-Me Opportunity

Mortgages, Job Applications, and Equity

What does applying for employment have to do with federal mortgage policy? Usually, the two have nothing in common. Nor should they. But consider this: to gain employment at some jobs, including many public universities, applicants are required to submit a diversity, equity, and inclusion (DEI) statement. Pay attention to the word “equity.” Now pay attention to recent changes to federal loan policy, which may increase fees on individuals with good credit to subsidize loans for those with lower credit scores. This is an equity policy in action.

When universities require applicants to swear fealty to equity, what are they asking them to commit to? Are they asking people to pledge their support for equity policies such as this new mortgage policy? If not, what are they asking applicants to pledge their support to?

This is the problem with requiring DEI statements. Without a clear understanding of what the employer is looking for, one can only speculate about the purpose and intent of a DEI statement. If an applicant gives an answer that is out of step with the ideology held by most at the university, will that person be denied a job? This is one of the reasons why conservatives have called this requirement nothing more than a political litmus test that should not be allowed at public universities.

In March, University of Missouri System President Mun Choi sent an email to faculty that outlined a new policy prohibiting the use of DEI statements in hiring. Instead, the university will ask candidates to reply to the following statement, which Choi called a “values commitment”:

We value the uniqueness of every individual and strive to ensure each person’s success. Contributions from individuals with diverse backgrounds, experiences and perspectives promote intellectual pluralism and enable us to achieve the excellence that we seek in learning, research and engagement.

This commitment makes our university a better place to work, learn and innovate. In your application materials, please discuss your experiences and expertise that support these values and enrich our missions of teaching, research and engagement.

This change is a step in the right direction. Unfortunately, many public universities in the state still require an ideological litmus test DEI statements. It is time for more leaders, in the legislature and in higher education, to take a stand against these practices.

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