Colorado Legislative Report Week of 1/27/2013 from Principles of Liberty

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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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