Occupational Licensing Act
SECTION I: NAME
1. This act shall be called the Lincoln Occupational Licensing Act or LOL
SECTION II: OCCUPATIONAL LICENSING REFORMS
1. The right to pursue a career or occupational is fundamental to the sovereignty of an individual. It is the policy of Lincoln that Occupational licensing not be required to hold a job, unless the public health, safety, or welfare requires it.
2. The Lincoln Occupational Licensing Reform Act shall be repealed and replaced with this act.
3. No person in Lincoln who engages in any of the following occupations shall be required to hold a license in order to practice that occupation:
A) Barbers, Hair Stylists, or Hair Braiders
B) Cosmetologists, nail technicians, or eyebrow threaders
C) Providing Teeth Whitening Services, provided no form of dentistry is practiced
D) Providing Body piercing Services or Tattoo artists
E) Masseuses, Athletic Trainers, or Sports Agents
F) Florists, Interior Decorators, or Interior Designers
G) Funeral Directors, Attendants, or Coffin Salespersons
H) Upholsterers or taxidermists
I) Painters
J) Swimming Pool installation, maintenance, or repair
K) Auctioneers
L) Gardeners or Landscapers Architects or workers
M) Tour Guides or travel agents
N) Real Estate Assessors or Title Examiners
O) Soil Scientists or Wetland Delineators
P) Residential Energy Analysts
Q) Common Interest Community Managers
R) Waste Management Facility Operator
S) Natural Gas-powered automobile mechanics or technicians
T) Dietitians
U) Hearing Aid specialists and technicians or Opticians
V) Martial Arts Instructors, Professional Wrestlers or Boxers
W) Stenographers
X) Persons installing or repairing Drywall or Insulation
Y) Persons installing, repairing, or testing Backflow Prevention Devices
Z) Carpenters or cabinetmakers
AA) Locksmiths or Persons installing or repairing doors
BB) Persons installing or repairing windows or window glazing
CC) Floor Sanders or Persons pouring or repairing terrazzo or tile flooring
DD) Brick and Stone Masons
EE) Persons who train, impound, groom, tend to, or care for animals excluding veterinary services and including but not limited to Farriers and Animal Control Officers
FF) Tree trimmers, Log scalers, or forestry workers
GG) Persons who sell or dispense alcohol
HH) Security Guards or the provision of taxi or chauffeur services
II) Itinerant vendors, peddlers, or persons who conduct door-to-door sales
JJ) Weighmasters or Packers
KK) Fortune Tellers or Palm Readers
LL) Persons who pour or pave driveways or parking lots
MM) Farmers or Farm Workers other than pesticide application services
NN) Persons who install or repair home entertainment systems
OO) Welders, pipefitters, or persons who lay or repair pipe
PP) Firearms Trainers or Instructors
QQ) Conveyor Operators or Tenders
RR) Psychiatric Aides
SS) Social and Human Services assistants
4. Computer repair technicians shall not be required to obtain a private investigators occupational license.
5. No State in Lincoln may limit the scope of practice of Nurse practioners or optometrists in areas for which they are adequately trained.
6. No State in Lincoln may require any hospital or other healthcare provider to acquire a certificate of need in order to operate.
7. No State in Lincoln may prohibit the corporate practice of healthcare or fee-sharing agreements between healthcare providers or between healthcare providers and insurers, provided that it shall be unlawful for any licensed healthcare provider to refer patients to themselves or to a party in which the provider maintains a fee sharing agreement.
8. Each member of any State Board of Bar Examiners in Lincoln shall be required to take the Bar Exam for their State every 5 years. Any Board member who fails to earn a score sufficient to pass were the Board member a traditional applicant, shall be removed from their position and be ineligible to serve as a Board member in the future, until 5 years have passed and the Board member successfully passes the Bar Exam.
9. No locality in Lincoln shall require a special use permit to engage in farming or agricultural activities, provided the activities occur in an area zoned for industrial use.
10. No locality in Lincoln shall prohibit a food truck from safely operating within a fixed distance of a storefront, from safely operating near an intersection, provided the food truck is parked at least 75 feet away from the intersection, or from lawfully parking in a public parking space after a fixed duration of time, provided the food truck does not occupy the same parking space for a consecutive 12 hours. During a special event, a locality may limit the duration a food truck may occupy a public parking space to 2 hours, provided the locality posts signs stating the limitation within line of sight of the parking lot no less than 24 hours before the temporary restrictions take effect.
11. No person or persons in Lincoln who operate a temporary stand adjacent to a road or sidewalk for the purpose of selling produce, Christmas trees, lemonade, firewood, or bottled water, shall be required to obtain a business license or permit to operate the stand. For the purposes of this subsection, a temporary stand is defined as a non-permanent display which occupies the same physical location for less than 70 days.
12. No person or persons in Lincoln who conduct a yardsale shall be required to obtain a business license or permit. For the purposes of this subsection, a yardsale is defined as an event lasting no more than 3 consecutive days during which second hand or pre-owned items are sold by a person or persons who are not regular merchants of the types of items being sold.
13. No person who merely hires a minor on a short-term contract for the performance of babysitting services, yard maintenance services, or general cleaning services shall be prosecuted for any prohibition on child labor.
14. No licensed child care facility, organized camp, non-profit organization, religious institution, or school shall be prosecuted for any prohibition of child labor, merely for selling or auctioning arts or crafts made by children.
15. No locality in Lincoln shall prohibit junkyards from being located more than 350 feet from a road, nor shall any locality in Lincoln require fencing around a junkyard which is located at least 500 feet from a road.
SECTION III: ENACTMENT
1. This act shall take effect forty-five (45) days after passage.
