April 2021

The Down Low is a monthly newsletter from the team at Libertas Institute where we share insider information, behind-the-scenes updates, and progress on our major projects.

It may not be the legislative session anymore, but the staff at Libertas are still hard at work to change hearts, minds, and laws here in Utah, and The Down Low exists to keep you up-to-date with what we’re doing to accomplish that.

We made this for you, and we really want you to like it, so please let us know how we’re doing with it. Love it, hate it, or it’s just okay, we want to know about it and what you’d like to see next month.

So, without further ado, let’s get to the good stuff…

Victories for Privacy and Innovation

The 2021 legislative session proved to be a very good one for innovation and personal privacy with two first-in-the-nation bills making it into law.

Did you happen to catch the audit of the secretive company Banjo which found that the government had given them direct access to its databases? Even though the final product failed to deliver all of the terrifying “artificial intelligence” capabilities it had promised, the fact that state officials thought this was a good idea should give us all pause. Thankfully, the passage and signing of Rep. Francis Gibson’s HB 243 help solve this privacy problem.

This new law takes a more proactive and transparent approach to protecting individuals’ privacy by establishing a process to proactively review and vet new tools and technologies by a privacy committee when they are implemented by a government agency.

It’s a first-in-the-nation initiative that takes the lead when it comes to protecting the right to, and expectation of, privacy by individuals. Instead of waiting on federal guidance that may never come or relying on a court ruling years after the fact, this law establishes Utah as taking an active role in protecting the privacy of its residents.

In another national first, the Utah Legislature unanimously passed HB 217 from Rep. Cory Maloy, which was also signed into law by Gov. Cox. This law enables the creation of an all-inclusive regulatory sandbox, something no other state in the country has.

A regulatory sandbox creates a space for businesses and entrepreneurs to test their innovative products, services, and business models in the market for one or two years, under the supervision of regulators, without the restriction of a specific law or regulation that would otherwise prohibit a specific innovation altogether.

At the end of the test period, regulators review the results of the trial and report to the Legislature what, if any, regulations need to be applied to the participant and suggest possible regulatory reforms to deregulate the industry as a whole.

Utah has a history of embracing this kind of regulatory reform. Sandboxes already exist for the financial technology, insurance, and legal services industries. This new sandbox, however, will consider applicants regardless of the industry they fall into, not favoring any specific industry over any other.

Libertas is proud to have been a part of the conversations and efforts that helped make both of these laws a reality.

 

Exporting the Awesome

Utah isn’t the only state implementing sandboxes. South Dakota — a prime example — just signed into law a regulatory sandbox targeting the insurance industry.

This year, South Dakota Governor Kristi Noem and her administration proposed a regulatory sandbox for insurance products and services.

The insurance industry is often bloated with extreme barriers for entry but is ripe for innovation. Rather than shutting down innovative companies or preventing creative products from ever making it onto the market, the insurance sandbox proposed in Senate Bill 55 will present companies with an opportunity to offer their unique goods and services in the marketplace that otherwise wouldn’t be allowed under the current regulations in place.

This sandbox doesn’t just benefit new companies, but also existing ones. By providing businesses—both big and small—the opportunity to innovate in the insurance space, it’ll be interesting to see what “next big thing” will come as a result of South Dakota’s insurance sandbox.

Libertas is proud to be leading a working group within the network of other state-based policy think tanks to offer guidance in how to propose, pass, and implement regulatory sandboxes in other states. West Virginia, Idaho, North Carolina, Florida, Rhode Island, Connecticut, New York, and Tennessee currently have bills in their legislatures to create sandboxes for various industries. We’re also working with US Representatives to introduce sandbox legislation at the federal level.

If you’re outside of Utah and are interested in how regulatory sandboxes can help your state, please feel free to reach out.

 

The ABCs of… Woke Activism?

An elementary school near our headquarters was recently caught pushing “woke” language of “social justice” onto young kids, with letters like the ones below plastered along a school wall, encouraging the kids to leftist-style activism.

“W is for woke”

“S is for social justice”

“X is for xenophobia”

And because, clearly, no presidential candidate in recent memory ever coined the slogan, rife with political connection, they also had “Y is for Yes We Can”… Maybe Y should be for yikes.

When we launched the Tuttle Twins project in 2014, we couldn’t have imagined that people would be trying to push these narratives onto even younger children. Parents who want their children to understand true principles and the ideas of a free society need to realize that their children are being increasingly exposed at ever-younger ages to counter ideas.

This is among the reasons why we decided to create educational resources for even younger children — and the Tuttle Toddlers was born!

These board books introduce important ideas to toddlers (and older kids… and their parents…) in a really fun, beautifully illustrated format.

Our three books include:

  • The ABCs of Liberty
  • The ABCs of Economics
  • The ABCs of the American Revolution

Alongside our new books for teens, and our podcast and curriculum for families, we’re creating resources that help children of all ages learn the fundamentals of freedom.

Learn more about the books at TuttleTwins.com/toddler.

 

Places To Go, Things To Do

Libertas Institute consistently sponsors and participates in numerous events all over the state and all over the country. Now that the end is in sight for COVID restrictions, we’re looking forward to getting back into the events groove.

Case in point: Children’s Entrepreneur Markets are returning! Children love starting businesses — like the quintessential lemonade stand — and our Markets were created specifically for children to sell their amazing products alongside their entrepreneurial peers.

When we began our Tuttle Twins project in 2014, we consistently received feedback that our young readers loved how entrepreneurial Ethan and Emily Tuttle were and wanted to start businesses of their own. Unfortunately, some of those young entrepreneurs ran afoul of business licensing regulations that were never had children in mind when they were designed. We worked hard to help pass the nation’s first “Lemonade Stand Law” four years ago (2017’s SB 81) here in Utah, and children have been free to pursue their business ventures since. Now, young entrepreneurs do not need a business license or food handler’s permit, nor do they have to collect sales tax on any items they sell.

In keeping with that spirit, we began the Children’s Entrepreneur Markets. The Markets have become incredibly popular (and a staff favorite) since they launched in 2017, and we’re so excited to be announcing this year’s schedule very soon. Keep an eye on the Facebook page for the announcement. We’re so looking forward to seeing you and your budding entrepreneurs there!

 

A Very Special Thank-You

As a non-profit organization, we rely on the generosity of our incredible donors. We genuinely could not do what we do without their support, so we’d like to say a very special, “Thank you!” to everyone who has contributed to our efforts and take a few extra moments to highlight a particularly special donor.

John Byrne was born in Ann Arbor, Michigan, and raised in Connecticut. He attended Dartmouth College where he earned a degree in Economics. After a stint at Salomon Brothers where he worked as a bond salesman, he moved to Jackson Hole, Wyoming, and began his career in commercial real estate. Over the course of his 30+ year career, he has owned and operated numerous multifamily, office, and hotel/resort properties.

John has been an avid skier his entire life. His love for the sport, as well as many years of experience in commercial real estate, eventually led him to own and operate one of the country’s largest and most successful ski resorts, Alyeska Resort and Hotel.

During his 13 years with Alyeska, he transformed the resort into a four-season destination, making it a favorite amongst travelers. Over the course of John’s time at Alyeska, the resort won numerous industry awards including awards from The National Ski Area Association, Conde Nast Travel, and Food and Wine magazine. John was also awarded the US Army’s Seven Seals Award in recognition of his contributions to military life in Alaska.

John is the proud father of two daughters. He enjoys traveling, heli-skiing, being involved with music production and marketing, reading and educating himself in the principles of Zen Buddhism, and spending time with his granddaughter.

John has been a loyal, long-time donor to Libertas and was a key supporter in helping us work on Utah’s medical cannabis law. Thank you, John. Your support means the world to us.

Please consider supporting our work like John, or to learn more, you can email Catherine Hess, our Director of Development, at catherine@libertas.institute.