Lincoln Ocupation Licensing Act LC 1.17

[Sirius_]

Abstain

I just want to stop wasting our time with this when we already have a large backlog of opposition bills from the 2nd council.

[Pyro]

Aye

[Adam Griffin]

Abstain

[Former President tack50]

The vote on Ammendment L 2:15 by Pyro is now closed

Aye: 2 (tack50, Pyro)
Abstain: 2 (Ninja, Griff)
Nay: 3 (lfromnj, SNJC, thr33)
Not voting: 2 (Zaybay, Dipper Josh)

So the ammendment is defeated

[Former President tack50]

Seeing how my initial ammendment was successful, but Pyro's ammendment going further was defeated, I think the bill is currently as close to a compromise as we can get. I also agree with Ninja that we should try to move forwards with this bill.

I motion for a final vote, 24h to object

[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 The Lincoln Occupational Licensing Reform Act shall be repealed and replaced with this act.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.

[Former President tack50]

The objection is heard; and the following ammendment has been presented

Ammendment L 2:17 by Pyro

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.

Sponsor feedback: Unfriendly
Status: 24h for debate, after which there shall be a final vote

[lfromnj]

Unfriendly

[Former President tack50]

It's already late and I will regret this, but whatever.

Councillors, a vote is now open on the following ammendment:

Ammendment L 2:17 by Pyro

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.

Please vote AYE, NAY or Abstain
This vote shall last for 24h or until all Councillors have voted

[S019]

AYE,

A moderate, reasonable amendment

[Pyro]

Aye

[Sirius_]

Abstain

Stop wasting our time

[Former President tack50]

Aye

I do agree with Ninja that we should try to get this to a final vote soon though.

[lfromnj]

Nay but still vote Aye on the final one would appreciate a pair here. Also I guess sponsorship can be given to thr/ninja if either of them accept and then I would drop my sponsorship?

[Former President tack50]

Nay but still vote Aye on the final one would appreciate a pair here. Also I guess sponsorship can be given to thr/ninja if either of them accept and then I would drop my sponsorship?

Should I count this as Aye or Nay?

[Zaybay]

Abstain

[Adam Griffin]

Aye

[Former President tack50]

The vote on Ammendment L 2:17 by Pyro is now closed

Aye: S019, Pyro, tack50
Abstain: Ninja
Nay: thr33, lfromnj
Not voting: Dipper Josh

Voted too late: Griffin, Zaybay

So this ammendment passes (thankfully lfromnj's unclear vote wasn't decisive after all).

[Mr. Reactionary]

The vote on Ammendment L 2:17 by Pyro is now closed

Aye: S019, Pyro, tack50
Abstain: Ninja
Nay: thr33, lfromnj
Not voting: Dipper Josh

Voted too late: Griffin, Zaybay

So this ammendment passes (thankfully lfromnj's unclear vote wasn't decisive after all).

I'll try my best to score the unemployment increase resulting from this for yall as soon as I can. Ill try for this weekend but I got a ton of work so no promises.

[Former President tack50]

The vote on Ammendment L 2:17 by Pyro is now closed

Aye: S019, Pyro, tack50
Abstain: Ninja
Nay: thr33, lfromnj
Not voting: Dipper Josh

Voted too late: Griffin, Zaybay

So this ammendment passes (thankfully lfromnj's unclear vote wasn't decisive after all).

I'll try my best to score the unemployment increase resulting from this for yall as soon as I can. Ill try for this weekend but I got a ton of work so no promises.

Wait, wouldn't the opposite be true? As in that deregulationg the economy would lower unemployment.

There is now way for this bill, even as worded, to increase unemployment. Worst case scenario, we would be missing some sort of unemployment decrease.

Either way, I'm looking forwards to those numbers.

[Mr. Reactionary]

The vote on Ammendment L 2:17 by Pyro is now closed

Aye: S019, Pyro, tack50
Abstain: Ninja
Nay: thr33, lfromnj
Not voting: Dipper Josh

Voted too late: Griffin, Zaybay

So this ammendment passes (thankfully lfromnj's unclear vote wasn't decisive after all).

I'll try my best to score the unemployment increase resulting from this for yall as soon as I can. Ill try for this weekend but I got a ton of work so no promises.

Wait, wouldn't the opposite be true? As in that deregulationg the economy would lower unemployment.

There is now way for this bill, even as worded, to increase unemployment. Worst case scenario, we would be missing some sort of unemployment decrease.

Either way, I'm looking forwards to those numbers.

The amendment is literally repealing the existing exemptions from occupational licensing from existing job categories. The existing law passed last year contained a list of jobs that couldnt be required to have occupational licensing within Lincoln. The amendment that just passed eliminates several jobs presently on the list and also said any of the other jobs on the list are no longer protected from local occupational licensing. So you have basically just reimposed a financial and traing barrier to entry for all of those protected jobs categories. In the last year one of the factors considered when calculating Lincoln's drop in unemployment was the many newly employed persons in jobs previously unavailable to them by occupational licensing barriers. If this bill passes now, while some of the newly employed people may be able to obtain occupational licenses to stay in business, not all will, and often the qualification process can take several months or years. New york for instance requires over 6 months of classes for cosmetology. That means at least 6 months of unemployment for an unlicensed cosmetologist to become employed again. In the absence of a Regional preemptive law like the one being gutted, real life State law subs in. As Fremont and the South have much much much friendlier rules preempting occupational licensing there may be some out migration as well.

Did you really think making it harder to get a job and subjecting currently employed people to new regulations that many of them do not currently comply with would result in more jobs? I dont follow that pattern. Honestly, it may be better to just kill this bill now since its been turned into something bad and we can revisit in a future session with legislators less interested in killing jobs.

Edit: think of it like algebra. Spring 2018 in order to have job A (say barber) you had to fulfill requirements W, X, Y, and Z, where W and X are State and local occupational licenses respectively. The bill passed summer of 2018 removed W and X as requirements, so job A would only need to comply with Y and Z. The amendment that just passed reimposes X on every category of exempt worker (including A) and also requires A now to comply with W.

That's more regulation not deregulation. A few more job categories may be exempted from W now, but there are a ton more workers in the job categories being reregulated as opposed to deregulated. There are more people who cut hair or paint nails than read palms or weld pipes. So its like 2 steps forward and 6 backwards.

Edit # 2: you also realize you will kill ride sharing with this amendment right? Uber and Lyft drivers can now be subject to occupational licensing. I cant imagine most part time drivers are going to pay a fee, take classes and tests, and jump through bureaucratic hoops just to make a few bucks on the side picking up people from the airport? SNJC said he was happy this was the case but im surprised at how eager the laborites were to stamp out a source of additional income for working families.

[Former President tack50]

Thanks for clarifying. I guess I'll have to think further about this. Maybe some sort of soft transition?

Also, regarding Uber/Lyft, while I'm by no means a fan of the taxi industry, I am also not a fan of Uber. In fact those private companies are arguably more dangerous than a regulated taxi industry; once they reach a monopoly they can just raise prices with little a local government can do against a multi-million dollar multinational company.

[Former President tack50]

Ok, I guess I'll try to fix the mess we accidentally created with the previous amendment:

Amendment L 2:30 by tack50 to Lincoln Ocupation Licensing Act LC 1.17

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) Hair Braiders
B) Florists, Interior Decorators, or Interior Designers
C) Coffin Salespersons
D) Painters
E) Auctioneers
F) Tour Guides or travel agents
G) Common Interest Community Managers
H) Carpenters or cabinetmakers
I) Persons installing or repairing doors
J) Persons installing or repairing windows or window glazing
K) Floor Sanders or Persons pouring or repairing terrazzo or tile flooring
L) Brick and Stone Masons
M) Tree trimmers, Log scalers, or forestry workers
N) Itinerant vendors, peddlers, or persons who conduct door-to-door sales
O) Fortune Tellers or Palm Readers
P) Persons who pour or pave driveways or parking lots
Q) Farmers or Farm Workers other than pesticide application services
R) Welders, pipefitters, or persons who lay or repair pipe
S) Conveyor Operators or Tenders
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.
5. Computer repair technicians shall not be required to obtain a private investigators occupational license.
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.
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.
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.
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.
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.
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.
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 one year after passage.
2. Any worker who ends up requiring a license he does not have because of the effect of this act shall be granted a temporary permit from the government of Lincoln to work without a license for up to 2 years.

Sponsor feedback: Friendly
Status: Added to the bill

[lfromnj]

Friendly

[Former President tack50]

I motion for a final vote, 24h to object