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Opinion: The bill requiring fish registration is dead, but other overreaches remain

Coloradans were howling mad to hear they might have to register each of their pets, pay a state pet fee, and designate a caregiver in case of emergency. Lawbreakers would have to pay $100 per pet in fines if caught. As one who would have been gleefully noncompliant, I would have been out more than a grand for the unregistered fish alone.

In defense of the bill’s sponsor, the bill does address a real problem. Pets left homeless after the unexpected death of an owner and without a new caretaker end up in overcrowded pet shelters. Some of the dogs and cats at the city shelter where I volunteered came to us this way. Bewildered and despondent, they waited for an owner who would never return. Sometimes, the wait wasn’t long; less adoptable animals had to be put down to make room.

There are, however, other ways to encourage pet owners to designate a caretaker that do not involve a government registry and fee.

The “do something” impulse is compassionate but best channeled into voluntary action. We should plan for our animals, take in the pets of loved ones, and encourage others to do the same. By donating to and volunteering at pet shelters, we support those animals that have no one to care for them. Voluntary action by individuals and community-based organizations are more than adequate to address the issue.

Government action, on the other hand, is not voluntary. It is supported by mandatory taxation and enforced with penalties. It is best reserved for its main purposes — to protect the life, liberty, and property of the people, the regulation of externalities such air and water pollution, and for the maintenance of public resources like roads, parks, and wildlife — which individuals and their voluntary associations are less able or unable to address.

When government strays beyond its purpose, it draws public derision, as the pet bill did, and noncompliance. At worst, it can produce cynicism toward the law and lawmaking.

Fortunately, state Rep. Regina English responded to the public criticism and asked the committee to kill the bill.  Why write about a dead bill? Because this legislation is part of a trend in governance — over-governance — the idea that every societal problem needs a government remedy. Well-meaning lawmakers like state Rep. English see a real problem and attempt to solve it through the power of the state. She is not the only one. There are other such bills in the General Assembly’s pipeline.

Next week a committee with hear Senate Bill 84 which would direct the state attorney general to “combat the sharing and spreading of misinformation and disinformation.” The bill would require him to study how false information is shared on the internet and other media, including social media, and to recommend how the state government can prevent “the use of the internet for conveying misinformation and disinformation.”

As with the pet registration bill, the problem targeted by this bill is a real one. Misinformation on the internet has captured millions of Americans often with tragic results. Conspiracy theories and lies are not new phenomena but the internet grants them greater legitimacy, speed and range.

Falsehoods about the COVID vaccine caused thousands of Americans to forgo the lifesaving shot. It is estimated that of the more than 600,000 people who died after the vaccine was developed, half would be alive today if they had gotten the shot.

Disinformation about the 2020 presidential election compelled Americans to attack the Capitol on January 6 and continues to put election workers in harm’s way. Lawmakers are right to be concerned.

However, any attempt by state government to regulate speech is likely to be unconstitutional. Even directing the attorney general to suggest ways to arbitrate truth is likely to elicit scorn and suspicion from the populace. The sponsors should also kill that bill before the hearing.

Krista L. Kafer is a weekly Denver Post columnist. Follow her on Twitter: @kristakafer.

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