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Senator Barto clarifies what the Right to Earn a Living Act really does.


While I appreciate Robert Robb's general support of the Right to Earn a Living Act, Mr. Robb misses the mark on the court's role in my legislation ("Why are we using the court to legislate public safety?").

The Right to Earn a Living Act is an "all-of-the-above" reform to curb government overreach, sending a clear message to occupational boards that their actions must be specifically authorized by the Legislature.

As Mr. Robb noted, my bill adds review of legislative authority to two existing entities: the Governor's Regulatory Review Council and the Office of Administrative Hearings.

Additionally, the Right to Earn a Living Act uses the courts as a "stick" to further deter a board from abusing its power. Currently, courts often rubber-stamp board decisions when individuals like cosmetology student Juan Carlos Montes de Oca are harmed by overly burdensome regulations.

My legislation evens the playing field by shifting the burden back on the government to show the necessity of licensing requirements.

This threat of litigation is a powerful check on regulation. It encourages boards to come before the public process provided by the Legislature before acting indiscriminately; actions specifically authorized by statute are exempt from the heightened court scrutiny provided by my bill ("the carrot").

The right to earn a living is a fundamental right. It deserves the same protection other rights receive. This law will help ensure all of us are freer to work in the field of our choice.


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