More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Eli Lehrer

GET UPDATES FROM Eli Lehrer
 

When Democrats Want De-Regulation More Than The GOP

Posted: 02/ 2/2012 11:45 am

Republicans like me are always happy to wage war on the legion excesses of the federal regulatory state. There's no doubt that federal regulations -- literally millions of them -- overwhelm small business, dictate what individuals do in their own backyards, and hamper innovation. But for all the whining Republicans do about deregulation, few are willing to do much about it. Many of the "deregulatory" efforts made by the current Republican Congress -- like efforts to repeal the health care plan -- may make for good political theater but will never succeed so long as Democrats control the Senate and White House. That's why it's puzzling in the extreme that Republicans in Congress haven't flocked to support a simple deregulatory measure that would help the economy. The bill in question would reform laws governing credit union lending and inject hundreds of millions of dollars into the economy at no cost to taxpayers. It is just the sort of thing conservatives should be supporting in both houses of Congress.

The bill in question, the "Small Business Lending Enhancement Act," is proffered by Sen. Mark Udall (D-CO) along with 18 other Democrats and only three Republicans in the Senate. (Its House companion, proffered by Ed Royce (R-CA) has much more evenly bipartisan support.) In a few short sentences, the bill lifts the cap on the percentage of assets credit unions may lend to businesses from 12.5 percent to 27.5 percent. And this would do a lot of good for business. Credit unions, democratically run, member oriented financial cooperatives, often extend credit to groups having a difficult time getting it from banks and are right now sitting on millions of dollars they could lend to job creators if only Congress would repeal the regulations that stop them from doing it.

And there's no doubt that the regulations have real consequences. A study from Pepperdine University shows that nearly 60 percent of small business owners who applied for bank loans during a one year period got turned down. A recent study from the group Small Business Majority, likewise, shows that 90 percent of small businesses have credit access problems. Keeping dated regulations in place makes sure that the number won't go down soon. Repealing them should be a tenet of conservative get-government-out-of-the-way orthodoxy.

Of course, it isn't quite that simple. Banks already control about 94 percent of the depository institution marketplace and don't want more competition from credit unions. Moreover, opposition to credit unions provides a common cause that keeps small banks that compete directly with credit unions in the same trade organizations with big ones. Thus, big banks, small ones, and their trade organizations have managed to prevail over credit unions' efforts to get the cap lifted. The process creates jobs for lobbyists and preserves profits for banks, but it doesn't do much good for the country or the small businesses that everyone on both sides of the aisle claims to support.

All of this, of course, is nothing new. Interest groups with narrow, not-necessarily-ideological agendas have immense influence amongst both Republicans and Democrats. But most members of both parties still hew to certain core principles and getting government out of businesses' way has long been vital to the GOP. Letting Democrats lead on a deregulatory issue speaks poorly of the Republican Party. Republicans need to look for more creative ways to fight burdensome government regulations. They can -- and should -- start by looking at credit union lending.

A previous version of this post reflected that nine Democrats supported the "Small Business Lending Enhancement Act." That number has since increased to 18.

 
 
 
  • Comments
  • 11
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
02:44 AM on 02/03/2012
More moral hazard...all finance institutions should have the same laws and regulations governing them, differentiating is the sort of thing that led to the S&L crisis.

Kai
10:50 AM on 02/03/2012
The moral hazard thing is actually not so cut and dry, since ownership structure heavily influences organizational incentives. In fact, cutting-edge organization theory demonstrates pretty clearly that co-operatively owned firms need less regulations because they are owned by their members. In a bank, there is an incentive to exploit consumers to benefit stockholders. By contrast, any surplus made through exploitative practices by a credit union are returned to the member-owners, thus making them irrational. As a result of this difference, coop banks can be trusted to be self-regulating, while corporate banks cannot. See: http://cuhistory.blogspot.com/2012/01/book-review-ownership-of-enterprise-by.html
photo
HUFFPOST SUPER USER
WebbieGuru
I could write a program that is better @ governing
04:30 PM on 02/02/2012
I am completely against deregulation. They deregulated my electricity and now I pay 100% more per month and have 0% chance of being able to anything about it. I can't switch providers because MY GOVERNMENT gave me to them, without a right to competition or fair cost.
10:53 AM on 02/03/2012
Utilities are natural monopolies; banking is not. Therefore, assuming that deregulating the former is equivalent to deregulating the latter is apples and oranges...
photo
HUFFPOST SUPER USER
WebbieGuru
I could write a program that is better @ governing
04:40 PM on 02/03/2012
No true, there is nothing stopping competition among utilities except the government. When they found AT&T to be a monopoly, many providers popped up and prices dropped. The same would happen to water, power, and waste if it was allowed.

Of course, the opposite is true when a government requires something. When CA required driver's insurance across the board, insurance rates went up 20%. When Obama started the legislation to require healthcare, healthcare went up 20% across the board.
03:37 PM on 02/02/2012
It seems to me that you just hammer home the point that many progressives/liberals make: the regulatory reform is really only in the minds of Republicans when it suits their biggest donors, not the public at large (especially small businesses).
photo
wmnorton
Moderate where moderate used to be
02:38 PM on 02/02/2012
From 12.5% to 27.5% is a big jump. The reason it was imposed to begin with was that it was thought that Credit unions, since they had been established as cooprtatives, should mintain their emphasis on the indivdual to insure they were allways have te resources they need, at really good rates. That is also why they have a limit on the amount of interest they can charge, 15% as I remember. My credit Union will loan me the money to buy a car at half that amount. Seems that they should expand the percentge they can loan out to small business at 5% first and if that works out alright then go another 10%.
jhNY
Mercy.
02:15 PM on 02/02/2012
"There's no doubt that federal regulations -- literally millions of them -- overwhelm small business, dictate what individuals do in their own backyards, and hamper innovation. " And yet there is some doubt, a bit of it resident in myself.
photo
HUFFPOST SUPER USER
WebbieGuru
I could write a program that is better @ governing
04:32 PM on 02/02/2012
Yes, but when a government deregulates, it does not open it up to the fair market, they give you to a company (probably one they have stock in or got a kick-back from) and you have to use that company, not matter what. Think of your cable bill; imagine your water bill, electricity, trash, etc. all the same way (which it is in California). Sure, if you don't want ot pay 100% markup on your water, then you don't get water... eek!
HUFFPOST SUPER USER
whyisthis41
01:52 PM on 02/02/2012
simple..drop banks....join a credit union for your financial survival!!!
01:28 PM on 02/02/2012
I;m not entirely sure that Deregulation would be the solution to our regulatory problems however, I would advocate that the need for more sensible and balanced regulation is more apparent than ever. It comes as no surprise that democrats would complain about it as well as it has to do with how much business can/ can’t happen and therefore affects the overall recovery process for the American economy (http://eng.am/sTM3nH). I mean, the cost of red tape alone is astronomical to the point where it would be necessary to gather funds to comply to by cutting jobs or eliminating whole departments. That’s not good for either party and nor is it good for the working American, not now, not ever.