Not long ago I pointed to a case where we could see the perfectly predictable outcomes of wage controls playing out in real time in Seattle. Now, my current state of residence, Minnesota, is offering a chance to see in real time how licensing laws come into being. Let’s take a look.
There is a proposal under way to prevent anyone from providing “unlicensed” painting services. If passed, this proposal would create a new “paint contractor board to oversee the licensing. It would require all painters to get licensed or work as a journeyworker under a contractor.” Apparently, we here in Minnesota have been living with the horror of painting services provided by unlicensed and uncredentialled workers, which is bad for reasons that are never clearly explained.
I certainly haven’t seen the harm – when my wife and I moved into our current residence, we had most of the interior repainted by a father-son family business, and they did a great job, despite a lack of licensing requirements. As the news story I linked above points out, “Twenty-three states currently do not license painters, according to the Institute for Justice. Red states such as Texas, Oklahoma, and Kansas have rejected licensing, but so have blue states such as Illinois and Colorado.”
It certainly seems to me that Minnesota has been getting along just fine without requiring painting licenses. Unfortunately for the painters we hired, and for everyone else who has been making a living or doing some extra work on the side by providing this service, this doesn’t seem to matter to Minnesota legislators. Even established painters “with decades of experience” will be required “to go through the licensing regime and, in the meantime, hire an approved painter to oversee their work.” This would also impact the work of “small contractors and remodelers by requiring them to find a licensed painter even if they are capable of doing it themselves. A plumber who installs a new toilet, shower, and sink would be banned from adding a coat of paint to finish a bathroom remodel.” So, where is the push for this new licensing requirement coming from? Perhaps, in states allowing unlicensed painters, there has been a string of buildings spontaneously collapsing as a result of being painted by people lacking government-dictated credentials, and I just haven’t noticed?
Of course not. This legislation, as is almost always the case with legislation of this kind, is not coming about because consumers have been raising the alarm and petitioning their governments to protect them from the menace of unlicensed painters (or unlicensed florists). Instead, Minnesota may end up engaging in this misadventure as a result of “three Democratic-Farmer-Labor senators: Jennifer McEwen, Judy Seeberger, and John Hoffman. All were backed in their elections by the Painters and Allied Trades Council, the union that stands to benefit from the bill.”
And here we see the public choice lesson playing out in a nutshell. The typical person in Minnesota isn’t spending a moment of time thinking or worrying about paint licensing – they are too busy with the process of living their normal lives. Meanwhile, a small but concentrated special interest group and just a few legislators, having a very different set of incentives, can go about passing a new regulation that puts up new barriers to entry to what used to be an easy to enter profession, limit competition, and drive up costs, benefitting the politically connected few at the expense of everyone else.
Of course, this one change is not going to bring about devastation to Minnesota. But just as the little things matter when they are positive, so too do they matter when they are negative. And just as a large number of tiny improvements can come together to create major improvements, large numbers of these little degradations can come together to cumulatively impose substantial burdens.
READER COMMENTS
Richard W Fulmer
Mar 6 2024 at 10:37am
I agree that the proposed restrictions are a bad idea, but I think that you should respond to proponents’ best arguments. While the real driving force behind the legislation may well be to benefit the unions contributing to legislators’ re-election campaigns, support is also coming from people with honest concerns about health and the environment.
As I understand it, the restrictions apply only to paints that use solvents containing volatile organic compounds (VOCs) that can do damage if they’re not handled, applied, and disposed of properly.
One possible response to these concerns is that paint’s contribution to total VOC emissions is miniscule, and targeting it is an ineffective and expensive way to reduce emissions. In addition, a do-it-yourself painter’s exposure to the VOCs is likely to be of a very limited duration, so any health impacts will be negligible.
Pointing out the hypocrisy of the “bootleggers” is necessary, but no argument is complete without addressing legitimate issues posed by the “Baptists.”
Kevin Corcoran
Mar 6 2024 at 10:59am
This isn’t how it appears to be written. The proposal in question applies to all paint other than watercolor paints or aerosol spray paint. As the proposal says, it would make the “sale of solvent-based paint materials is restricted to those persons licensed under section 326B.62” and it defines “solvent-based paint materials” as “nonwaterborne paint and paint thinners.” So there’s no focus on paints containing VOCs in particular. If an individual wants to go to Home Depot to buy paint for a DIY project, they’ll only be permitted to buy “a gallon or less in volume and household spray paints dispensed from an aerosol can.”
Richard W Fulmer
Mar 6 2024 at 12:00pm
Virtually all non-water-based paints contain VOCs, though paints that use mineral spirits, alcohol, or citrus-based solvents typically have lower VOC emissions than do traditional petroleum-based solvents. So, the fact that the bill doesn’t specifically reference VOCs is irrelevant. My point stands: we should deal with the proponents’ best arguments, not their worst.
Thomas L Hutcheson
Mar 6 2024 at 2:24pm
Maybe the best defense here is offense. Where are the minnesota lawmakers pushing for eliminating licensing of plumbers and such. If they were, the painting licensers would be busy fighting off deregulation.
Fazal Majid
Mar 7 2024 at 8:22am
This smacks of medieval guilds, which were run for the benefit of the top master craftsmen and the detriment of the vast majority of apprentices and journeymen, unlike trade unions.
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