Lincoln Ocupation Licensing Act LC 1.17
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Author Topic: Lincoln Ocupation Licensing Act LC 1.17  (Read 4502 times)
Mr. Reactionary
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« Reply #25 on: April 30, 2019, 06:51:18 PM »

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.

These industries don't have a set number of hours, though.  The government does, which is why licenses are required.  The only role that industry might have had in licensing requirements is expensive lobbying, which does exclude new workers and businesses in favor of people who've worked in these industries longer.

Before this body rejects the bill wholesale, I think that opponents of it should have the opportunity to list which of the occupations listed should not have licensing requirements and why.  Why should a hair stylist need the same kind of certification that lawyers or doctors have to work in their profession, if there is little to no risk of injury involved?

The only licensed occupations in the above list that maybe could be said entail a risk of significantly harming someone are as follows:
Masseuses
Athletic Trainers
Martial Arts Instructors
Professional Wrestlers
Boxers
Persons installing, repairing, or testing Backflow Prevention Devices
Brick and Stone Masons
Security Guards
Welders, pipefitters, or persons who lay or repair pipe
Firearms Trainers or Instructors

That leaves 64 types of jobs in the above list that do not pose a risk of serious harm or injury. If as a compromise the dangerous ones get stripped out ok, but I would be interested to hear from opponents of the bill why the government has an interest in throwing a tour guide in jail for not having a government license to walk around with a crowd while telling them trivia. Also why a funeral director should go to jail if they dont have a government license to console mourners and manage events. That seems to be moving away from criminal reform.

No one has even mentioned the other provisions, such as reforming the bar exam, protecting yard sales, babysitting, and small roadside vendors, eliminating protectionist barriers against food trucks, and allowing nurse practitioners to do more.

Tabling a bill is a big step as is forcing through a vote like this when there is so much false characterization being spewed about this bill. There doesnt seem to be any specified problems with specific sections of the bill from those opposed, merely vague and broad generalities. Is 100% of it bad or 25% or somewhere in between? I guess from a good-faith standpoint, what are the specific offending provisions that need to be addressed? No amendments were offered. This bill is actually amending existing law that protects a few of the jobs on the above list already; this is just expanding the already existing law. Since the main broad concern expressed was "safety" those jobs affecting safety have been identified and could probably be removed with an amendment. Is that enough to satisfy the concerns or are there more?
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Former President tack50
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« Reply #26 on: April 30, 2019, 06:55:41 PM »

Fine, I'll go ahead and object to my own call for a final vote. I'll introduce an ammendment trying to take all the professions where I think licensing should still be a thing.
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Mr. Reactionary
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« Reply #27 on: April 30, 2019, 07:00:19 PM »

Fine, I'll go ahead and object to my own call for a final vote. I'll introduce an ammendment trying to take all the professions where I think licensing should still be a thing.

That's all I am asking.
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Former President tack50
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« Reply #28 on: April 30, 2019, 07:15:18 PM »

Ok, here it goes. Most of the changes should be self explainatory. Pretty much removing areas where I believe regulation should still be needed. The hardest calls were the construction related jobs, mostly because I do think they still need some safety training even if it's not a full license; but decided to let it slide.

Same goes for the rest of the bill really. The only parts where I introduced partial ammendments:

-Reduced the babysitting and cleaning by minors part from all minors to only those above the age of 12. No kid should be working, even if it's informally at such a young age; below that.

-Eliminated the fencing exception for junkyards. Localities should still be allowed to require fencing if they so choose for environmental, aesthetic, safety or any other reason.

Ammendment L 2:12 by tack50

Quote
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.
8.5. 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.
9.6. 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.
10.7. 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.
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.
12.8. 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.
13.9. 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.
14.10. 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.
15. 11. 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.

Sponsor feedback: 24h to specify, otherwise assumed hostile
Status: Waiting for feedback
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Mr. Reactionary
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« Reply #29 on: April 30, 2019, 07:31:41 PM »

Ok, here it goes. Most of the changes should be self explainatory. Pretty much removing areas where I believe regulation should still be needed. The hardest calls were the construction related jobs, mostly because I do think they still need some safety training even if it's not a full license; but decided to let it slide.

Same goes for the rest of the bill really. The only parts where I introduced partial ammendments:

-Reduced the babysitting and cleaning by minors part from all minors to only those above the age of 12. No kid should be working, even if it's informally at such a young age; below that.

-Eliminated the fencing exception for junkyards. Localities should still be allowed to require fencing if they so choose for environmental, aesthetic, safety or any other reason.

Ammendment L 2:12 by tack50

Quote
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.
8.5. 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.
9.6. 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.
10.7. 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.
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.
12.8. 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.
13.9. 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.
14.10. 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.
15. 11. 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.

Sponsor feedback: 24h to specify, otherwise assumed hostile
Status: Waiting for feedback

Thanks. For playing nice, the 1 and only proposed changes of yours I want to comment on is the teeth whitening services. There was a Supreme Court case https://en.wikipedia.org/wiki/North_Carolina_State_Board_of_Dental_Examiners_v._FTC
that while not explicitly stating teeth whitening services cant be subject to occupational licensing, did hold that any occupational licensing board that includes dentists on the board violates anti-monopoly laws when it licenses cosmetic teeth whitening services. I do not know the status of which states in Lincoln have such boards regulating teeth whitening services. From a legal standpoint though they are legally dubious and it might be wise to correct the law now instead of hoping nobody sues.
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« Reply #30 on: April 30, 2019, 08:01:03 PM »

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

To start, this -

Quote
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.


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

They currently do not.

Quote
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.

Quote
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.

Quote
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.

Quote
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.

Quote
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.

Quote
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.

Quote
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.

Quote
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.

Quote
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.

Quote
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.

Quote
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.
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Former President tack50
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« Reply #31 on: May 02, 2019, 06:05:25 PM »

24h having passed with no speaker feedback, ammendment L 2:12 is assumed hostile

Councillors, a vote is now open on the following legislation

Ammendment L 2:12 by tack50

Quote
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.
8.5. 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.
9.6. 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.
10.7. 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.
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.
12.8. 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.
13.9. 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.
14.10. 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.
15. 11. 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.

Please vote AYE, NAY or Abstain
This vote shall last for 24h or until all Councillors have voted.
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Former President tack50
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« Reply #32 on: May 02, 2019, 06:07:50 PM »

Aye
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« Reply #33 on: May 02, 2019, 06:46:22 PM »

Aye,

Though this amendment is more lenient, than I'd like
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« Reply #34 on: May 03, 2019, 03:02:50 PM »

Aye

A good start.
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« Reply #35 on: May 03, 2019, 04:54:54 PM »

Aye
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lfromnj
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« Reply #36 on: May 03, 2019, 05:02:39 PM »
« Edited: May 03, 2019, 05:05:50 PM by Elliot County Populist »

I apoligize for the delay. I would like to mention that it is relatively simple to install insulation into homes  with it definitely not being a task one needs to be certified with.
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« Reply #37 on: May 04, 2019, 09:07:53 AM »

The vote on Ammendment L 2:12 by tack50 is now closed

Aye: 4 (tack50, S019, Pyro, Griff)
Abstain: 1 (lfromnj*)
Nay: 1 (thr33)
Not voting: 3 (Dipper Josh, Zaybay, Ninja)

The ammendment is agreed to

*: Since lfromnj did post, but didn't post any proper vote, I will count him as an abstention instead of not voting.
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« Reply #38 on: May 04, 2019, 11:51:41 AM »

Mr. Speaker, I propose the following amendment.

Quote
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.
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« Reply #39 on: May 04, 2019, 12:17:33 PM »

Mr. Speaker, I propose the following amendment.

Quote
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.

BOO!
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« Reply #40 on: May 04, 2019, 12:19:05 PM »

Ammendment L 2:15 by Pyro

Quote
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.

Sponsor feedback: 24h to specify, otherwise assumed hostile
Status: Waiting for sponsor
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lfromnj
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« Reply #41 on: May 04, 2019, 12:19:06 PM »

Absolutely useless if the local government requires it.
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« Reply #42 on: May 04, 2019, 12:23:59 PM »

Absolutely useless if the local government requires it.

Should I take this as Pyro's ammendment being unfriendly?
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« Reply #43 on: May 04, 2019, 12:30:18 PM »

Absolutely useless if the local government requires it.

That should be their prerogative, no?
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« Reply #44 on: May 05, 2019, 02:05:39 PM »

Absolutely useless if the local government requires it.

Exactly. As far as I know the regional government of Lincoln does not license ANY occupation; that is a State and local thing. This bill is supposed to preempt State and local laws. If that amendment passes this bill becomes functionally frivolous.
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lfromnj
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« Reply #45 on: May 05, 2019, 02:37:33 PM »

Meant to post unfriendly a while back.
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« Reply #46 on: May 05, 2019, 03:04:34 PM »

Councillors, a vote is now open on the following ammendment

Ammendment L 2:15 by Pyro

Quote
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.

Please vote AYE, NAY or Abstain
This vote shall last for 24h or until all Councillors have voted
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lfromnj
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« Reply #47 on: May 05, 2019, 03:09:54 PM »

Nay
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« Reply #48 on: May 05, 2019, 03:11:38 PM »
« Edited: May 05, 2019, 10:30:36 PM by Councilor Suburban New Jersey Conservative »

NAY

Section II Part 7's deletion is a bit overboard, I think it should be modified, rather than outright deleted, and this is enough for me to change my position
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« Reply #49 on: May 05, 2019, 03:43:10 PM »

Aye
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