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How have Colorado’s lawmakers impacted YOUR freedoms this week?
Principles of Liberty 2013 – Week #3
Welcome to week #3 of the Principles of Liberty! Things were quiet at the Capitol this week with not many new bills being read across the desk, so there is not too much to add this week, only two bills on the Senate side, which are in bold type at the end of the Senate section of the report.
The “Principles of Liberty” Defined
You can find the “Principles – 2013” and a sample analysis worksheet on the web site at www.principlesofliberty.org, as well as at the end of this packet.
This Week’s Commentary – On Government Licensure and Regulation
Former Representative Don Beezley has penned this week’s commentary on government licensure and regulation. This is a must read for legislators and citizens alike as it discusses the intersection between the role of government and personal responsibility. As you read it, consider for yourself if you think that it is rational to believe that the government somehow has an inherent ability to protect you and your family better than you do. I believe that many of these perceived positive attributes of government regulation seem to appear from the same fanciful corners of our minds as unicorns and tooth fairies.
Should the government issued certificates hanging on the wall at a place of business really make you feel safer than if you were to do a little fact checking on your own, such as checking references, etc.? Do you really feel like it is critical that when you get your hair cut, the person cutting your hair has to have a state issued license? When government prevents a doctor’s disciplinary records from being disclosed to the public is it really protecting the consumer, yet we somehow want to rely on government licensing and regulation to keep us safe?
Questions to consider as you read former Representative Don Beezley’s commentary this week.
Getting Ready for the Onslaught
This week was a bit quiet as far as new bill introductions go. That always makes me nervous, as I assume that the plotting and planning is in high gear and we’re just waiting for the shoe to drop. As always, we’ll try to keep up and keep you informed!
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Guest Editorial:
On Government Licensure and Regulation
by Former Colorado State Representative Don Beezley
Overview: HB 13-1111 CONCERNING THE REGULATION OF NATUROPATHIC DOCTORS.
Position: Opposed
The balance between commonsense regulation and government overreach can be a difficult balancing act. There are diverse opinions about the right time for government to intervene in private affairs.
There are many different motivations behind various regulatory schemes. Some individuals or groups may be genuinely motivated by concern over a given dynamic in the marketplace and want to control it; others may dislike an activity based on moral grounds. A third category of motivation may be less noble: industry requests for regulation.
It is not uncommon for a legislator, in an effort to convince his or her fellow legislators of the need for regulation, that, “the industry itself has requested it.” This should be the first red flag. An industry’s representatives’ request for regulation almost always comes for the same reason: to gain special advantage, either in general, or more specifically over competitors.
First, if the regulation is deemed to be inevitable, industry players will jockey for position within the proposed statutes and regulations to gain advantage for themselves. This frenzy has been observed here in Colorado with efforts to reform telecom regulation. Each player wants the changes to favor them. Nationally, the actions of insurance companies as the Patient Protection and Affordable Care Act (“ObamaCare”) was being crafted was classic. They decided it may be inevitable and could be a revenue and profit boom if crafted to their benefit and to others’ detriment, so they got on board.
In a current example, for the 2013 session of the Colorado legislature, naturopathic doctors have once again come to the Capitol seeking to be regulated through professional licensure. (HB 13-1111; Regulate Naturopathic Doctors)
The argument offered for licensure of naturopathic doctors remains largely the same: protect the consumer. But does such licensing really protect the consumer? The single greatest protector of the consumer in the marketplace is the independent mind and judgment OF THAT CONSUMER. This is the meaning of caveat emptor. Not simply that bad people are going to get you, which typically isn’t true, but that you have a rational responsibility as a consumer to inform yourself and make good decisions.
According to Naturowatch.org:
“In 2004 the Florida House of Representatives, Committee on Health Care, concluded that while there is evidence for support of licensure based on the existence of accredited training programs and licensure examinations, there is no documented evidence of substantial risk from not licensing naturopathic physicians. Moreover, there is potential risk from licensing naturopathic physicians and allowing them to provide a broad range of primary care services.”
Now, while it seems more logical to conclude that you don’t need licensure, if quality training programs already exist, the second half makes the point, if unwittingly, that licensure also lulls consumers into assuming that the practitioners in the regulated profession are somehow automatically of higher quality. This violates the important principle of caveat emptor by lulling consumers into a lower level of awareness in the marketplace, which puts them in danger.
There is also the assumption within licensure that government is somehow monitoring a professional’s behavior. This is completely untrue. Government regulation in no way, shape or form ensures quality. It may even allow some of lower quality to persist as the consumer “assumes” their quality is assured through regulation. It may also cause good practitioners to be harmed through punitive processes.
Perversely, medical doctors typically want to keep naturopaths unlicensed as they understand their licensed monopoly status as physicians provides them with an artificial, highly profitable advantage in the market place. This underscores that shared goal on the part of naturopathic doctors. It’s been observed that, “government shouldn’t pick winners and losers.” This may be a version of trying to pick a new set of winners.
While those inclined to value freedom and the free market will not be supportive of HB 1111, there is a clear argument for those more welcoming to extensive business regulation to oppose it as well. Licensure of naturopaths will not protect the consumer. It will, however, give those practitioners artificial protection and subsidies compliments of the government, while simultaneously putting the consumer at risk, and should be rejected.
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Colorado Legislative Report 1/27/2013
House Bill 13-1001 Advanced Industries Acceleration Act Oppose
This legislation opposes the principles of:
Free Markets
Limited Government
Fiscal Responsibility
House Bill 13-1002 Small Business Development Centers Appropriations Oppose
This legislation opposes the principles of:
Free Markets
Limited Government
Fiscal Responsibility
House Bill 13-1003 Economic Gardening Pilot Project Oppose
This legislation opposes the principles of:
Free Markets
Limited Government
Fiscal Responsibility
House Bill 13-1004 Colorado Careers Act of 2013 Oppose
This legislation opposes the principles of:
Free Markets
Limited Government
Fiscal Responsibility
Equal Protection / Rule of Law
House Bill 13-1005 Basic Ed & Career Tech Ed Pilot Program Oppose
This legislation opposes the principles of:
Personal Responsibility
Free Markets
Limited Government
Equal Protection / Rule of Law
House Bill 13-1006 K-12 Breakfast After The Bell Pilot Program Oppose
This legislation opposes the principles of:
Personal Responsibility
Limited Government
Fiscal Responsibility
House Bill 13-1007 Early Childhood and School Readiness Legislative Commission Oppose
This legislation opposes the principles of:
Personal Responsibility
Limited Government
Fiscal Responsibility
House Bill 13-1008 Preference in Hiring for Disabled Veteran’s Spouse Oppose
This legislation opposes the principles of:
Free Markets
Equal Protection / Rule of Law
House Bill 13-1010 Procurement of Stationary Supplies By Counties Support
This legislation supports the principles of:
Limited Government
Fiscal Responsibility
House Bill 13-1017 Notice Of Home Loan Mod & Servicer Honor Terms Oppose
This legislation opposes the principles of:
Free Markets
Limited Government
House Bill 13-1040 PERA Highest Average Salary Support
This legislation supports the principles of:
Fiscal Responsibility
House Bill 13-1042 State Income Tax Deduction Disallowed By IRC 280E Support
This legislation supports the principles of:
State vs. Federal Balance of Power
Fiscal Responsibility
House Bill 13-1043 Modify Definition Of Deadly Weapon Oppose
This legislation opposes the principles of:
Individual Liberty
Uphold Constitution
House Bill 13-1045 Prohibit State Aid To NDAA Investigations Support This legislation supports the principles of:
Individual Liberty
State vs. Federal Balance of Power
Uphold Consitution
House Bill 13-1046 Employee User Name Password Privacy Protection Support This legislation supports the principles of:
Individual Liberty
Property Rights
House Bill 13-1048 Deadly Force Against Intruder At A Business Support
This legislation supports the principles of:
Individual Liberty
Property Rights
Uphold Constitution
House Bill 13-1052 Nonattorneys Representing Closely Held Entities Support
This legislation supports the principles of:
Free Markets
House Bill 13-1054 Lessen Unempl Ins Benefit Reduction Retirement Oppose
This legislation opposes the principles of:
Personal Responsibility
Fiscal Responsibility
House Bill 13-1055 Colorado Works Redetermination Of Eligibility Oppose
This legislation opposes the principles of:
Personal Responsibility
Fiscal Responsibility
House Bill 13-1061 Responsible Medical Marijuana Vendor Standards Oppose
This legislation opposes the principles of:
Free Markets
Limited Government
House Bill 13-1062 Regulation Public Insurance Adjusters Oppose
This legislation opposes the principles of:
Personal Responsibility
Free Markets
Limited Government
House Bill 13-1064 Publish Local Government Legal Notices On-line Support
This legislation supports the principles of:
Limited Government
Fiscal Responsibility
House Bill 13-1067 Cancel Primary Major Pol Party No Contested Races Support This legislation supports the principles of:
Limited Government
Fiscal Responsibility
House Bill 13-1069 Small Business Fiscal Impact Statements Support This legislation supports the principles of:
Limited Government
House Bill 13-1073 Portability Of Nonprobationary Teacher Status Support This legislation supports the principles of:
Free Markets
House Joint Resolution 13-1004 Oppose Forest Service Water Permit Reqmnt Support This legislation supports the principles of:
Property Rights
State vs. Federal Balance of Power
Uphold Constitution
House Bill 13-1075 Legislative Review Of Executive Branch Rules Support This legislation supports the principles of:
Limited Government
House Bill 13-1077 Illegal Traffic Stops License Revocation Hearings Support This legislation supports the principles of:
Individual Liberty
House Bill 13-1078 Repeal Colorado Health Benefit Exchange Support This legislation supports the principles of:
Individual Liberty
House Bill 13-1081 Comprehensive Human Sexuality K-12 Education Oppose This legislation opposes the principles of:
Personal Responsibility
Limited Government
Fiscal Responsibility
House Bill 13-1084 Child Care License Status When New FEIN Is Issued Support This legislation supports the principles of:
Limited Government
Fiscal Responsibility
House Bill 13-1085 Change Possession Of Weapons By Previous Support This legislation supports the principles of:
Individual Liberty
Limited Government
House Bill 13-1088 Office Of Health Equity CDPHE Oppose This legislation opposes the principles of:
Limited Government
Equal Protection / Rule of Law
House Bill 13-1089 Academic Freedom Acts Support This legislation supports the principles of:
Individual Liberty
Equal Protection / Rule of Law
House Bill 13-1090 Construction Contractor Subcontractor Prompt Pay Oppose This legislation opposes the principles of:
Limited Government
Free Markets
House Bill 13-1092 Limit Approp To Executive Branch For Org Fees Support This legislation supports the principles of:
Limited Government
Fiscal Responsibility
House Bill 13-1094 Tax Credit For School-related Expenditures Support This legislation supports the principles of:
Fiscal Responsibility
House Bill 13-1099 Public Administrators Accountability Act Support This legislation supports the principles of:
Limited Government
House Bill 13-1105 Energy Saving Mortgage Program Oppose This legislation opposes the principles of:
Free Markets
Limited Government
Fiscal Responsibility
House Bill 13-1106 Prohibit Discrimination Labor Union Participation Support This legislation supports the principles of:
Individual Liberty
Limited Government
Uphold State/Federal Constitutions
This legislation opposes the principles of:
Free Markets
House Bill 13-1109 Apply Protection Orders To Parolees Support This legislation supports the principles of:
Limited Government
House Bill 13-1111 Regulate Naturopathic Doctors Oppose This legislation opposes the principles of:
Personal Responsibility
Free Markets
Limited Government
House Bill 13-1117 Alignment Of Child Development Programs Oppose This legislation opposes the principles of:
Personal Responsibility
Limited Government
House Bill 13-1118 Issuing IDs To Retired Peace Officers Oppose This legislation opposes the principles of:
Limited Government
Equal Protection / Rule of Law
House Bill 13-1119 Veteran’s Identification Card And Driver’s License Oppose This legislation opposes the principles of:
Limited Government
Equal Protection / Rule of Law
House Bill 13-1125 Impound Livestock Veterinarian Determination Support This legislation supports the principles of:
Property Rights
Limited Government
House Bill 13-1127 Defendant Burden Not Guilty Reason Of Insanity Support This legislation supports the principles of:
Personal Responsibility
House Bill 13-1128 Exclude Clean Counties From Enhanced Emission Area Support This legislation supports the principles of:
Limited Government
House Bill 13-1134 HOA Information Resource Ctr Annial Registration Oppose This legislation opposes the principles of:
Limited Government
House Bill 13-1135 Voter Preregistration At Age 16 Oppose This legislation opposes the principles of:
Personal Responsibility
Limited Government
House Bill 13-1137 Lot Restrictions For BOCC Auth Over Weed Removal Oppose This legislation opposes the principles of:
Property Rights
Limited Government
House Bill 13-1138 Authorize Benefit Corporations Oppose This legislation opposes the principles of:
Free Markets
Limited Government
House Bill 13-1147 Voter Registration At Public Higher Ed Institution Oppose This legislation opposes the principles of:
Personal Responsibility
Limited Government
Senate Bill 13-001 Colorado Working Families Economic Opportunity Act Oppose
This legislation opposes the principles of:
Personal Responsibility
Fiscal Responsibility
Equal Protection / Rule of Law
Senate Bill 13-002 Designate BOCES As Local Education Agencies Oppose
This legislation opposes the principles of:
Fiscal Responsibility
Senate Bill 13-003 Coal Mine Methane Gas Capture Support
This legislation supports the principles of:
Limited Government
Senate Bill 13-006 No Reduction In K-12 Education To Expand Medicaid Support
This legislation supports the principles of:
Limited Government
State vs. Federal Balance of Power
Fiscal Responsibility
Uphold Constitution
Senate Bill 13-008 Eliminate Waiting Period Under CHP+ Oppose
This legislation opposes the principles of:
Personal Responsibility
Fiscal Responsibility
Senate Bill 13-009 School Board Policies Allowing Concealed Carry Support
This legislation supports the principles of:
Individual Liberty
Personal Responsibility
Senate Bill 13-012 Child Abuse Reporting Youth Sports Organizations Oppose
This legislation opposes the principles of:
Limited Government
Senate Bill 13-013 Secret Service Limited Peace Officer Authority Oppose
This legislation opposes the principles of:
State vs. Federal Balance of Power
Equal Protection / Rule of Law
Senate Bill 13-015 Local Board Of Ed Meeting Electronic Participation Support
This legislation supports the principles of:
Limited Government
Senate Bill 13-018 Permissible Use Of Credit Information By Employers Oppose
This legislation opposes the principles of:
Free Markets
Limited Government
Senate Bill 13-020 Business Fiscal Impacts Leg Measures & Exec Rules Support
This legislation supports the principles of:
Limited Government
Senate Bill 13-021 Pipeline Rights-of-way Oppose
This legislation opposes the principles of:
Property Rights
Limited Government
Senate Bill 13-025 Collective Bargaining Firefighters Oppose
This legislation opposes the principles of:
Free Markets
Limited Government
Senate Bill 13-030 Additional Review Of Rules Promulgated By Agencies Support
This legislation supports the principles of:
Limited Government
Senate Bill 13-031 Tuition For Dropout Recovery Program Students Oppose
This legislation opposes the principles of:
Personal Responsibility
Fiscal Responsibility
Senate Bill 13-033 In-state Classification CO High School Completion Oppose
This legislation opposes the principles of:
Personal Responsibility
Limited Government
Equal Protection / Rule of Law
Senate Bill 13-035 Prohibit Red Light Camera Vehicle Identification Support
This legislation supports the principles of:
Individual Liberty
Limited Government
Senate Bill 13-039 Regulate Audiology Practice Oppose
This legislation opposes the principles of:
Personal Responsibility
Free Markets
Limited Government
Senate Bill 13-049 Roundabout Turn & Lane Change Signal Support
This legislation supports the principles of:
Personal Responsibility
Limited Government
Senate Bill 13-050 Recycling Resources Economic Opportunity Fund Oppose
This legislation opposes the principles of:
Limited Government
Fiscal Responsibility
Senate Bill 13-051 Fire Inspection Marijuana Cultivation Sites Oppose
This legislation opposes the principles of:
Limited Government
Senate Bill 13-054 Underage Person Alcohol Consumption Parent Consent Support This legislation supports the principles of:
Individual Liberty
Personal Responsibility
Limited Government
Senate Bill 13-059 Peace Officers Obtain Liquor License Support This legislation supports the principles of:
Individual Liberty
Personal Responsibility
Limited Government
Equal Protection / Rule of Law
Senate Bill 13-070 Alternative Fuel Fleet Vehicles Oppose This legislation opposes the principles of:
Free Markets
Limited Government
Senate Bill 13-111 Require Reports of Elder Abuse and Exploitation Oppose This legislation opposes the principles of:
Individual Liberty
Limited Government
Equal Protection / Rule of Law
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Contributed by Rich Bratten, Principles of Liberty.
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