Lincoln Ocupation Licensing Act LC 1.17

[Pyro]

What a great deliberative body we have in Lincoln. So great they can't even be bothered to discuss a bill introduced in March until May. Although to be fair, they are busy with something important right now. Oh wait, no they're not.

The Council is adjourned a week before the election, per the constitution. So there is actually a valid reason why there is no debate here, there is no Council currently sitting to debate this.
And they swear in the Tuesday after the election, so thank god for small mercies.

Adjourning for more than a week by mandate even if there is work to do is retarded.

Obviously. Same can be said for the entire Philly Plan. But it is what it is, unless it is repealed.

This behavior, from each of you, is completely unacceptable.
Do not post in a regional legislation thread badmouthing Lincoln's government with slurs.

The session has been adjourned.
If you wish for this bill to be reintroduced in the next session, find a sponsor. Otherwise, enough.

[Pyro]

What a great deliberative body we have in Lincoln. So great they can't even be bothered to discuss a bill introduced in March until May. Although to be fair, they are busy with something important right now. Oh wait, no they're not.

The Council is adjourned a week before the election, per the constitution. So there is actually a valid reason why there is no debate here, there is no Council currently sitting to debate this.
And they swear in the Tuesday after the election, so thank god for small mercies.

Adjourning for more than a week by mandate even if there is work to do is retarded.

Obviously. Same can be said for the entire Philly Plan. But it is what it is, unless it is repealed.

This behavior, from each of you, is completely unacceptable.
Do not post in a regional legislation thread badmouthing Lincoln's government with slurs.

The session has been adjourned.
If you wish for this bill to be reintroduced in the next session, find a sponsor. Otherwise, enough.

The session didn't adjourn in March when this was introduced. What's completely unacceptable is ignoring a bill for weeks and weeks and then adjourning having not addressed it. I mean, in all honesty adjourning at all is barely acceptable. It certainly does no favors towards encouraging participation from those who write bills. Maybe if you can refund me the entire Saturday I apparently wasted writing 40 pages worth of bills for Lincoln to try and help with yalls participation issues, I'll be less bitter. Hell, maybe I'll even settle for just being told that I'm not a badguy for being upset at what is at best a broken system that punishes effort and is at worst a deliberate plan to shut out debate.

Atlasia is supposed to be fun. I don't see how purposefully ignoring a bill for 3 weeks, adjourning, and then lecturing at the bill author for daring to question what the hell happened is supposed to be fun.

The session is adjourned per the Lincoln Constitution. If you have an issue with the adjournment process, ask a councilor in the next session to propose an amendment.

As far as the legislation is concerned, the sponsor could have encouraged debate with an opening statement citing the necessity for the proposal to take effect and proponents of the legislation could have cited their arguments for why the bill is necessary. The sponsor or any councilors in agreement then could have motioned for cloture. They didn't and, frankly, that was their choice. That is not the fault of the parliamentary system and is not, as you say, 'shutting out debate.'

[Pyro]

There are elements of this bill I support, however the overwhelming majority of the professions listed in the bill should require licensing.

[Pyro]

There are elements of this bill I support, however the overwhelming majority of the professions listed in the bill should require licensing.

Would you support the idea I proposed with tack with the ideas that you believe need licensing to have a maximum requirement as it is often clear that occupational licensing laws are used to restrict future entrants?

I'm not sure that's exactly a process we should be regulating. I feel as though these industries have a set required # of hours of training/licensing for reasons not related to excluding newcomers.

[Pyro]

You want to discuss objections? OK let's do it.

To start, this -

Occupational Licensing Reform Act

1.) The right to pursue a career or occupational is fundamental to the sovereignty of an individual.

2.) It is the policy in the Region of Lincoln that Occupational licensing not be required to hold a job, unless the public health, safety, or welfare requires it.

3.) No person in the Region of 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 Sylists, or Hair Braiders
B) Cosmetologists, nail technicians, or eyebrow threaders
C) Teeth Whitening Services, provided no form of dentistry is practiced
D) Masseuse or Athletic Training
E) Florists or Interior Decorators
F) Funeral Directors or Coffin Salespersons
G) Upholsterers
H) Painters
I) Swimming Pool maintenance or repair
J) Auctioneers
K) Gardeners or Landscapers
L) Tour Guides

4). Official licensing is still available from the government of Lincoln. These businesses must disclose whether or not they have a license.

5.) This act shall take effect immediately

- is already law in Lincoln through the Occupational Licensing Reform Act. Licensing is not required for any of the above professions. Tour Guides and Funeral Directors are, in fact, not going to serve a jail sentence for not having a license. The only exception to this rule is the above mandate that all businesses must disclose whether or not they have a license. As the bill up for debate would repeal this predecessor, this critically important measure is also repealed as it was not included in the new bill. This is incredibly unsafe and could lead to malpractice on a major scale.

Now, if we are to seriously debate trashing the entire system of licensing, I think it's important we first examine its original purpose. The notion that one must attain a license in order to carry out their occupation arises from the genuine fear that consumers will be harmed by unpracticed and incompetent companies and individuals, NOT to exclude job-seekers or infringe on anyone's freedom to work. Licensing is an assurance from the state that the practitioner has been tested, and has passed - not unlike how students prove their knowledge in a course through exam testing or semester projects.

Licensing is rather crucial in maintaining trust in one another's ability to uphold these specialized tasks. Should the law, as-is, go into effect this year, would you truly wish to employ a mechanic, or mason, or firearms trainer that was unable to take this job last year solely due the licensing restriction? ALL of the occupations listed in this bill should require licensing in one form or another. Should we work to assist those who wish to start a licensed career yet cannot because of monetary circumstances or a lack of time for classes? Of course, and I would applaud such a bill. The meat of the legislation in front of us, however, is bordering on reckless and possibly threatens the public's longstanding faith in the reliability of specialized practitioners.

4. Computer repair technicians shall not be required to obtain a private investigators occupational license.

They currently do not.

5. No State in Lincoln may limit the scope of practice of Nurse practioners or optometrists in areas for which they are adequately trained.

If they are adequately trained in a certain area, there is nothing preventing then from advancing in their field.

6.  No State in Lincoln may require any hospital or other healthcare provider to acquire a certificate of need in order to operate.

I approve of CONs and they have worked for decades.

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.

I will not comment on this as long as the present healthcare bill is on the floor.

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.

I approve of this measure. As a standalone bill, I would support it.

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.

I am unsure what this is referencing, unless this is regarding special-use permits in relation to Forest Service land.

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.

Food truck operators should have to register as a business for tax purposes, have registered and insured vehicles and be subject to operate in whichever locations the town/locality/municipality deems appropriate for setting up shop.

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.

Christmas tree stands are a whole different can of worms than lemonade stands, let's be clear on that. Children setting up a small stand in a residential corner should not be lumped in the same sentence as several yards-long impromptu tree stands. The former should not require any sort of permit while the latter should.

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.

To my knowledge, this is not currently the case.

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.

I sincerely doubt anyone is prosecuting people for hiring babysitters.

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.

Again, unless I'm presented with evidence to the contrary I have a hard time believing day camps are being sued for child labor.

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.

This is oddly specific and a little bit strange. Junkyards should probably all require fencing, however.

[Pyro]

Aye

A good start.

[Pyro]

Mr. Speaker, I propose the following amendment.

SECTION I: NAME
1. This act shall be called the Lincoln Occupational Licensing Act or LOLA

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 unless otherwise required by local or municipal government:
A) Barbers, Hair Stylists, or Hair Braiders
B) Cosmetologists, nail technicians, or eyebrow threaders
D) Providing Body piercing Services or Tattoo artists
F) B) Florists, Interior Decorators, or Interior Designers
G)C) Funeral Directors, Attendants, or Coffin Salespersons
I)D) Painters
K)E) Auctioneers
M)F) Tour Guides or travel agents
Q)G) Common Interest Community Managers
W) Stenographers
Z)H) Carpenters or cabinetmakers
AA)I) Locksmiths or Persons installing or repairing doors
BB)J) Persons installing or repairing windows or window glazing
CC)K) Floor Sanders or Persons pouring or repairing terrazzo or tile flooring
DD)L) Brick and Stone Masons
FF)M) 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)N) Itinerant vendors, peddlers, or persons who conduct door-to-door sales
JJ) Weighmasters or Packers
KK)O) Fortune Tellers or Palm Readers
LL)P) Persons who pour or pave driveways or parking lots
MM)Q) Farmers or Farm Workers other than pesticide application services
OO)R) Welders, pipefitters, or persons who lay or repair pipe
QQ)S) Conveyor Operators or Tenders
SS)T) Social and Human Services assistants
4. Official licensing is still available from the government of Lincoln. These businesses must disclose whether or not they have a license.
4.5. Computer repair technicians shall not be required to obtain a private investigators occupational license.
5.6. 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.
6.7. 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.
7. 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.
8. 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.
9. No person who merely hires a minor above the age of 12 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.
10. 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.
11. No locality in Lincoln shall prohibit junkyards from being located more than 350 feet from a road.

SECTION III: ENACTMENT
1. This act shall take effect forty-five (45) days after passage.

[Pyro]

Absolutely useless if the local government requires it.

That should be their prerogative, no?

[Pyro]

Aye

[Pyro]

I Object.
I would like to propose the amendment once more with Councilor S019's request met to include a slightly edited Sec II-8.

SECTION I: NAME
1. This act shall be called the Lincoln Occupational Licensing Act or LOLA

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 unless otherwise required by local or municipal government:
A) Barbers, Hair Stylists, or Hair Braiders
B) Cosmetologists, nail technicians, or eyebrow threaders
D) Providing Body piercing Services or Tattoo artists
F) B) Florists, Interior Decorators, or Interior Designers
G)C) Funeral Directors, Attendants, or Coffin Salespersons
I)D) Painters
K)E) Auctioneers
M)F) Tour Guides or travel agents
Q)G) Common Interest Community Managers
W) Stenographers
Z)H) Carpenters or cabinetmakers
AA)I) Locksmiths or Persons installing or repairing doors
BB)J) Persons installing or repairing windows or window glazing
CC)K) Floor Sanders or Persons pouring or repairing terrazzo or tile flooring
DD)L) Brick and Stone Masons
FF)M) 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)N) Itinerant vendors, peddlers, or persons who conduct door-to-door sales
JJ) Weighmasters or Packers
KK)O) Fortune Tellers or Palm Readers
LL)P) Persons who pour or pave driveways or parking lots
MM)Q) Farmers or Farm Workers other than pesticide application services
OO)R) Welders, pipefitters, or persons who lay or repair pipe
QQ)S) Conveyor Operators or Tenders
SS)T) Social and Human Services assistants
4. Official licensing is still available from the government of Lincoln. These businesses must disclose whether or not they have a license.
4.5. Computer repair technicians shall not be required to obtain a private investigators occupational license.
5.6. 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.
6.7. 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.
7.8. 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, unless in the case that the restaurant is not registered as a business and/or if the truck itself is not a registered vehicle. 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.
8.9. 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.
9.10. No person who merely hires a minor above the age of 12 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.
10.11. 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.
11.12 No locality in Lincoln shall prohibit junkyards from being located more than 350 feet from a road.

SECTION III: ENACTMENT
1. This act shall take effect forty-five (45) days after passage.

[Pyro]

Aye

[Pyro]

Abstain