The Denver Post

Polis’ vetoes encourage Dems to show government restraint

- By Vincent Carroll Email Vincent Carroll at vcfeedback @comcast.net.

Gov. Jared Polis fired a shot across the bow of the Colorado General Assembly in recent days on an issue likely to surface multiple times during his years in office. Just how many occupation­s truly need a government license to protect the public?

By vetoing three bills — licensing sports agents, genetic counselors, and HOA managers — the Democratic governor signaled to the Democratic legislatur­e that he’s going to demand a high burden of proof for new license requiremen­ts, and even for the extension of some existing ones. And he offered good arguments for government restraint.

In the case of genetic counselors, for example, Polis pointed out that even the state Office of Policy, Research and Regulatory Reform concluded in 2017 that “licensure is not necessary.”

Its report is revealing. Regulatory staff could not locate a single consumer complaint regarding genetic counselors to various state health and medical boards.

And they were able to identify “only three cases that demonstrat­e clear evidence of harm from the practice of genetic counseling throughout the United States over a 20-year period” — and none in Colorado.

Moreover, as the governor’s veto message noted, “of the 115 genetic counselors currently practicing in Colorado, at least 98 percent are privately certified” by the American Board of Genetic Counselors.

Meanwhile, Colorado actually licensed sports agents in 2008 but repealed the statute in 2010 while leaving criminal penalties in place. So guess how many agents have been charged under those penalties in the past decade? According to legislativ­e council staff, the answer is zero. So we have a fix for a non-existent problem.

Polis’ veto of the HOA bill was more surprising since it involved a program that regulatory staff advocated extending. But the governor said the bill ignored suggested revisions to the program, adding that the licensing rule “has not had the intended effect of reducing harm to the consumer.”

Even those who disagree with Polis on the HOA veto should be willing to concede that government licensing of occupation­s can have unintended consequenc­es that should be balanced with expected benefits.

As Polis explained, “Occupation­al licensing is not always superior to other forms of consumer protection. Too often it is used to protect existing profession­als within an occupation against competitio­n from newcomers entering that occupation.

Meanwhile, according to the 2019 Current Population Survey, 24 percent of the national workforce is licensed, up from below 5 percent in the 1950s. Licensing in the United States over the years has at times prevented minorities and the economical­ly disadvanta­ged from having the ability to access occupation­s.

When the supply of profession­als is restricted, the cost of services increases and the poorest among us lose the ability to access those services.”

His stance on occupation­al licensing is unusual for a liberal politician but hardly unique. The Obama administra­tion in 2015 authored a document that offered a framework for policymake­rs to minimize “barriers to labor market entry or labor mobility” — noting, among other downsides, that “licensing constitute­s a significan­t barrier to relocation” across state lines.

Perhaps the most surprising line in the White House document: “most research does not find that licensing improves quality or public health and safety.”

Even if that statement is true, almost no one advocates dispensing with licensing involving serious health and safety (and, in some cases, economic) concerns. The list of more than 125 licensed occupation­s and industries on the Colorado Department of Regulatory Agencies’ website includes many that the vast majority of Coloradans would agree belong on the list. But there are others — such as athletic trainers — that are head-scratchers. What is the overriding health, safety or public interest that private certificat­ion can’t provide?

Admittedly, Colorado is by no means a big offender among states for gratuitous licensing. In 2012, the libertaria­n-leaning Institute for Justice in Washington, D.C., found Colorado had one of the least restrictiv­e licensing policies among states for lower-income occupation­s. But that’s a ranking that should be preserved.

The Institute for Justice has released other reports over the years on occupation­al licensing, documentin­g how in many cases they are “created in response to lobbying by those already at work in an occupation” in order to lock in status rather than as a response to consumer complaints. Meanwhile, education requiremen­ts frequently “bear little relationsh­ip to public health or safety.” For example, “on average, it takes 11 times as much training to become a licensed cosmetolog­ist as it does to become a licensed emergency medical technician.”

In his veto letters, Polis said he wasn’t categorica­lly ruling out adding new licensing requiremen­ts, but only when there are “compelling consumer safety and economic reasons.” Let’s hope he means it.

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