Missouri Hair Braiders

slatfatf

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It might make sense sometimes. Possible?
I should have been more specific. I do agree that we have an abundance of non-sensical regulations that should simply go away. I am sure I have complained about some of them here, so no disagreement on that point. 

There are also those in the examples in Jzk's post, "Occupancy licenses, sales tax, payroll tax, annual reports", which are not going anywhere. The hair braiding requirements could go away without replacement, the revenue from payroll taxes and sales taxes is essential to govt, and if they go away they need to be replaced with something else, which at least initially only adds complexity. Also in those examples, tech does exist today which can make those tasks much easier, and that tech can be further improved to make it simpler still. I believe many of the most complained about regulations contain both a burden and a benefit, and we should look at whether there is a way to maintain the benefit while reducing the burden in addition to simply weighing the benefit against the burden. Since in many, possibly most, cases the people receiving the benefit and those bearing the burden are different people, focusing only on weighing benefits and burdens is going to create division because each side looks at it from their perspective. Where it is possible to reduce the burden while maintaining the benefit, we get the best of both worlds. It may not always be possible, but I prefer that as a starting point rather than jumping straight to weighing benefits and burdens. 

 

Pertinacious Tom

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I believe many of the most complained about regulations contain both a burden and a benefit, and we should look at whether there is a way to maintain the benefit while reducing the burden in addition to simply weighing the benefit against the burden.
People do complain about beneficial regulations, but mostly the regulation is not being questioned, just a nonsensical aspect of it. I get the need for building codes, especially in hurricane country. But they made me spray my steel on concrete Boatport for termites.

But we're talking public benefits. I think lots of business regulations are also basically protection rackets for those with a license and barriers to entry for newcomers, as in the braiding example. Making sure the person up front in an airplane is trained is one thing, but the person braiding my hair?

 

Pertinacious Tom

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Hey Len, I didn't know your state had permission slips for window tinting.

It's naughty to alter them, but not all that naughty.
 

The background of this case revolves around a 1998 misdemeanor conviction. Miller was pulled over for having window-tint on his car that, according to the patrolman who stopped him, was too dark. He had previously received an exemption from the Pennsylvania Department of Transportation ("PennDOT") for tinted windows on a previously owned car. Miller did not apply for a new exemption for his new car. Instead, with the aid of a typewriter, white-out, and a scanner, Miller replaced his previously owned car's Vehicle Identification Number ("VIN") on the exemption certificate with the VIN of his new car.

...

In Binderup v. Att'y Gen. (3d Cir. 2016) (en banc), [Judge Ambro's plurality opinion] identified four factors to consider when determining if a challenger has been convicted of a serious crime.

...
Probably best not to say why that question is important in this case. :ph34r:

 

slatfatf

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Hey Len, I didn't know your state had permission slips for window tinting.

It's naughty to alter them, but not all that naughty.
 

Probably best not to say why that question is important in this case. :ph34r:
Oh, Pennsylvania has an abundance of crazy regs and laws. Now that the statute of limitations has passed, I can confess to putting a registration renewal sticker on the wrong license plate and nearly being arrested for it. This is a very serious offense in PA. What did I know, I was from NY. I had renewed two cars at nearly the same time, and in my rushing around with too many things to do stuck the sticker on the wrong car. You can actually go to jail for this. 

Some others: 

You can't sell a car on Sunday

To sell a car as an individual, you and the buyer have to go visit a notary together. 

All Liquor stores are state owned (this one really sucks)

Until very recently if you wanted to buy more than 2 six packs of beer, you had to go to a distributor. If you wanted to buy less than a case (24 cans or bottles) of beer you had to go to a food service establishment like a pizzeria. There was no legal way to buy 3 six packs of beer. This was one of my favorites, it was entertaining just watching the tourists working to grasp the non-logic. 

 

Pertinacious Tom

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Now that the statute of limitations has passed, I can confess to putting a registration renewal sticker on the wrong license plate and nearly being arrested for it. This is a very serious offense in PA. 
If your state works like ours, that rule has a very good reason having to do with tax evasion.

To sell a car as an individual, you and the buyer have to go visit a notary together. 
And on a related note, FL might have less lying about the actual price of cars and boats if we did something like this.

The booze rules are funny. In the county to the S of me, you can't buy beer on a Sunday morning, a fact I forgot on my way down to use one of their boat ramps.

 

Pertinacious Tom

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Protect the Barbers

I mean the public. Protect the public.
 

Barbers and cosmetologists in Texas warn that repealing mandatory licenses for their professions would be as dangerous as having unlicensed chefs preparing your meals.

Chefs are not, in fact, subject to government licensing.

"Would you just sit down and just let anyone cut your hair? Or, would you allow your daughters, or your wife go out and just have anybody do their hair? I don't think so," hairdresser Lyn Doan tells News 6. "Are you just going to let anybody cook your food, and eat it, and not know if the kitchen is clean or not? I mean this is ridiculous, I've never heard of such a thing."

It certainly is ridiculous, but not in the way Doan means. Indeed, her argument captures both the absurdity of claiming that barber licenses are necessary to protect public health and the sheer desperation of licensed barbers and cosmetologists to maintain their protectionist regime. As in other places, Texas barbers and cosmetologists are stoking unfounded fears because there really isn't a good, practical argument for forcing cosmetologists to have 1,500 hours of training—as is currently required in Texas, where emergency medical technicians are required to have only 120 hours of training.

But the comparison to chefs is a good one—though again, not in the way that Doan means. That's a profession where there is an obvious interest in protecting public health, but that goal is accomplished through a combination of government regulations and market mechanisms that do not include one-size-fits-all licensing laws.
Hmmm. 1,500 hours to cut hair. 120 to be an EMT. A private pilot can have as little as 40 hours when licensed.

Is hair really that fucking complicated? I don't think so. Just another protection racket.

 

Pertinacious Tom

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Why Do You Need A License To Blow Dry Hair?
 

HB 2569, which was introduced by Rep. Warren Petersen (R–Gilbert), would allow anyone who has an occupational license from another state to be automatically eligible for the same license in Arizona as long as they are in good standing in their home state and don't have a disqualifying criminal history. It would extend an existing state law that recognizes out-of-state licenses for military families. New state residents would still have to pay a fee to the state licensing board and certain professions would have to pass a test on relevant Arizona laws.

"My issue is that we don't really know what the standards are in these other states," says Rep. Pamela Powers Hannley (D–Tucson), who opposes the bill. "Why should we dumb down our standards? I see this as sort of deregulation for the sake of deregulation."
The danger is palpable! There are definitely states that don't have the sense of style that Arizona has and they might mess up that wave of hair that's so critical to a good appearance.

 

Pertinacious Tom

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The Arizona Bill Passed
 

Arizona is one signature away from becoming the first state in the country to recognize out-of-state occupational licenses. That means licensed workers will be able to move to Arizona and immediately find work without going through the expensive, time-consuming, and redundant process of getting re-licensed.

That's a big deal.

The state House and state Senate voted this week to pass a bill recognizing out-of-state licenses. Gov. Doug Ducey, a Republican, has championed the legislation throughout the process and is expected to sign it sometime next week.

"We've heard too many stories of licensed, experienced professionals denied the opportunity to work upon moving to Arizona," Ducey tells Reason. "With this first-in-the-nation reform, Arizonans who have recently moved here will be able to put their skills to work faster and without all the red tape."

The bill's passage is the culmination of a fight between reformers and Arizona's licensing boards. Ducey used his State of the State Address in 2017 to call licensing boards "a group of special interest bullies." He's saved his sharpest barbs for the Arizona State Board of Cosmetology, which has investigated students for giving free haircuts to the homeless and defended a rule requiring 1,000 hours of training before letting someone blow-dry hair for money.

...

If other states follow Arizona's example, workers will benefit from increased economic opportunity and licensed professionals will lose their ability to act like "special interest bullies" by fencing out competition. And with more trained professionals ready to provide those services, consumers will win too.

Someone trained as a nurse in California doesn't forget those skills when he crosses the state border. The same is true for plumbers, electricians, makeup artists, and pretty much any person working in any other licensed profession. Arizona is the first state to stop pretending otherwise.
Lots of skills and knowledge transfer easily but not all. Part of making buildings is knowing the codes. Our codes have a lot to do with hurricanes and nothing to do with earthquakes. A contractor moving here from California would have some differences to learn there but all the tools in his trailer would be used more or less the same ways.

 

Mark K

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Lil' Nas X's highly successful cross-over into country music. 





 Hip-hop thug culture goes country.

 It's a mixed up muddled up shook up world.  

 
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VhmSays

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From Tom's article quote 

"....would  you allow your daughters, or your wife go out and just have anybody do their  hair?"

WTF are they trying to say? Try dictating how and where your daughters/wife cut their hair. 

 

Pertinacious Tom

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North Dakota Becomes Somalia
 

North Dakota became the latest state to untangle natural hair braiders and eyebrow threaders from a thicket of licensing red tape thanks to a bill signed late yesterday by Gov. Doug Burgum. Before the law was signed, threaders could only work in North Dakota if they became licensed estheticians, a credential that requires a minimum 600 hours of coursework. The requirements for braiders were even more burdensome: They needed a license in cosmetology, which takes at least 1,800 hours of classes, or around 420 days.

In contrast, pharmacy technicians need just three months of experience to become licensed, while emergency medical technicians—who literally hold the lives of others in their hands—have to finish at least 150 hours of coursework.

But under HB 1345, braiders and threaders are completely exempt from licensing and are now free to work without a government permission slip. Sponsored by Rep. Mike Nathe and backed by the Institute for Justice and Americans for Prosperity, HB 1345 passed both the state House and Senate unanimously.
Uh oh. Just anyone can start braiding hair for money, with no government required training at all?

We'll probably have to put a wall around the place as conditions deteriorate.

 

Pertinacious Tom

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Oklahoma Becomes Somalia
 

Sweeping legislation that removes so-called "good character" provisions from all of Oklahoma's occupational licensing laws cleared the state legislature this week in near unanimous fashion. Republican Gov. Kevin Stitt is expected to sign the bill.

This is a huge deal. Oklahoma has the highest incarceration rate of any state in the country (and, by extension, the highest incarceration rate anywhere in the world), and many of the state's licensed professions are effectively off limits to anyone with a criminal record. Once signed, HB 1373 will remove the broad-but-vague rules that allow occupational licensing boards to deny license applications on the grounds that an individual lacks "good moral character."

The bill was approved with a 90-2 vote in the House on Monday after a unanimous 42-0 vote in the Senate last month.
Wow. I wonder who the two were who understand that any reduction in any regulation means becoming Somalia?

 

Pertinacious Tom

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Georgia Becomes Somalia
 

Telling stories for money should not require a government test and license in a country with a First Amendment, a federal judge in Georgia has ruled. The decision came as a result of a lawsuit challenging Savannah, Georgia's past attempts to force tour guides to pay fees, pass tests, and get licenses before taking people around the city and saying things to them.

Judge William T. Moore, Jr. of the U.S. District Court for the Southern District of Georgia, in his decision in Freenor v. Mayor and Aldermen of the City of Savannah, issued yesterday, concluded that the city had offered no reasonable justifications for its tour guide licensing scheme.

Savannah actually repealed the challenged law back in 2015, after the Institute for Justice (I.J.) filed this suit in 2014, but the case was not mooted by the law's repeal since the suing tour guides and would-be tour guides also sought compensatory damages for harms that the law caused when it still existed.
Well, OK, it became Somalia back in 2015 in response to those nutjobs at IJ.org and no one really noticed.

 

Pertinacious Tom

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Colorado Becomes Somalia
 

The idea that the managers of Colorado's more than 8,000 homeowners associations (HOA) will no longer be regulated by the state is sending some state lawmakers into a tizzy.

"We have no consumer protections at all for HOAs, no licensing, no complaint process, no background checks—none of what was in place requiring transparency and requiring them to look out for the consumer," Rep. Monica Duran (D–Denver) told The Colorado Sun.

Duran is unhappy with Gov. Jared Polis, the libertarian-leaning Democrat who earlier this week vetoed legislation that would have continued requiring a state-issued license for homeowners association managers.

...

Occupational licensing laws have expanded greatly since the 1950s, when only roughly 5 percent of American workers needed a license to do their jobs. Today, between 25 and 29 percent of the workforce needs an occupational license. Such requirements have numerous negative consequences.

By requiring hundreds of dollars in fees and years of training, these regulations create barriers to entry for workers looking for new opportunities. Furthermore, there's little evidence that such licenses improve safety or service quality for consumers or workers. And by forcing people to comply with these unnecessary regulations instead of providing services on the market, such laws reduce the U.S. gross domestic product by $203 billion annually.

...

As another Institute for Justice-backed study pointed out, Colorado makes aspiring barbers and cosmetologists complete 1,500 and 1,800 hours of education, respectively. The state also imposes licensing fees on those professions of over $100. By contrast, Colorado grants a license for an emergency medical technician after just 150 hours of education, two exams, and a $98 fee. There's a lot of evidence that cosmetologist and barber licenses have few benefits, so they would be a good place for Polis to look if he wants to bring additional reforms to the state.
Could the horror of unregulated dreadlocks be next? I hope so.

Meanwhile, hat tip to Gov. Polis.

 

Pertinacious Tom

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NY State Already IS Somalia (But They're Hoping For Change)
 

The State of New York is considering a bill to require licenses for elevator mechanics. Some recent elevator accidents, the legislation's authors argue, were caused by insufficiently trained mechanics.

In fact, there's good reason to doubt that New York has less safe elevators than the rest of the country or that requiring licenses would make them safer. The chief effect of those licenses would be to make it harder for New Yorkers to find jobs in that field.

...

Nationally, there are 325 million elevator rides per day, or 118.625 billion rides per year—and there are roughly 27 elevator-related deaths a year, according to ConsumerWatch.com. That comes to .00000000023 deaths per elevator ride across the United States. 

In New York City, there are 35 million elevator rides per day, or 12.775 billion rides per year. According to The Real Deal, which covers New York real estate, the city has seen 22 confirmed deaths in elevator-related accidents since 2010, or an average of 2.75 elevator deaths per year. That comes to .000000000215 deaths per elevator ride in the Big Apple.

In other words, the death rate per elevator ride is actually a little lower in New York City than in the rest of the country. 

Meanwhile, stairs cause 1,600 deaths a year in the United States.


Next we'll have to use climbing gear on stairs.

 

Pertinacious Tom

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Connecticut Is Also Somalia (But Also Hoping for Change)
 

Connecticut is the only state in the country that currently does not require minimum licensing to work in places like nail salons. That's a good thing! Or, it was.

This week, Democratic State Rep. Jillian Gilchrest (West Hartford) managed to push through legislation requiring new, costly inspections of salons and that all nail salon workers, skin care estheticians, and eyebrow technicians pay for state-mandated education and licenses in order to do their jobs.

Occupational licensing of service sector jobs deprives workers—including many minorities, women, and immigrants—from access to entry-level jobs. A review of academic literature performed by the White House Council of Economic Advisers, the Treasury Department, and the Department of Labor found that licensing workers in these fields does not protect consumer health or safety. Licenses also drive up the cost of services and restrict mobility.

Nevertheless, Gilchrest claimed that the lack of licensing in Connecticut's beauty industry is a health hazard, and insisted that women are getting injured by unlicensed workers and unsafe salons. She also said that salons in Connecticut are hotbeds of human trafficking, a claim that couldn't stand up to scrutiny when she first introduced her bill back in February.

...

Connecticut will then put together a commission to write regulations for the industry. This panel will be made of up of people already in the industry as well as educators, who will stand to benefit from a law that legally requires workers to pay for their educational services. Everybody likely to be involved in writing the regulations will have some sort of incentive to erect obstacles to people currently outside the industry. Beauty schools will likely push for as many mandatory educational hours as possible, and current workers may ask to be grandfathered in. Future estheticians will pay the costs of getting these jobs, many of them with student loans. Some would-be estheticians will not be able to afford this career path at all.

Decades ago, Connecticut required manicurists to receive 500 hours of education in order to legally practice. That ended in 1980 and efforts since then to reinstate licensing have failed. (For comparison's sake: Connecticut currently requires emergency medical responders to receive 60 hours of education, and that emergency medical technicians receive 150 hours of education.)

Gilchrest failed to provide any data that nail salon customers are at greater risk of harm than customers in states where nail salon workers are licensed.
Hmmm... phantom fears of non-existent "trafficking" and no evidence of the Holocaust of 1980's Deregulation.

But I expect the Gov will sign it and the people referenced in the bolded portion above will react to incentives like normal people and create a useless, expensive protection racket.

 

BeSafe

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NY State Already IS Somalia (But They're Hoping For Change)
 

Next we'll have to use climbing gear on stairs.
We've got an answer for that...

a-boys-life-in-an-inflatable-safety-suit-640x406.png

 
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Pertinacious Tom

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Minnesota Becomes Somalia
 

Minnesota will no longer license natural hair braiders thanks to an omnibus budget bill Gov. Tim Walz signed on Thursday. Previously, Minnesota required braiders to complete a 30-hour course and pay a $20 fee before they could practice their craft. But under SF 10, braiders are now completely exempt from all occupational and facility licensing requirements. With the governor’s signature, Minnesota joins 26 other states that have ended licensing for hair braiders, including Iowa, South Dakota, and, as of April, North Dakota.

“This is a great win for entrepreneurship, economic liberty and just plain common sense,” said Institute for Justice Legislative Counsel Meagan Forbes, who testified in favor of the bill. “The government has no business licensing something as safe and common as braiding hair.”
And the horror of unregulated dreadlocks continues to spread.

 

Pertinacious Tom

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Touching Afros Without A License In Louisiana
 

Why does the Louisiana State Board of Cosmetology require 500 hours of training to do something as safe as hair braiding? That is the question three Louisiana hair braiders raised in a new lawsuit Thursday with the Institute for Justice (IJ), a national public interest law firm that fights for economic liberty.

Lynn Schofield, a plaintiff in the lawsuit, experienced firsthand the harms of Louisiana’s unnecessary red tape. She moved to Louisiana in 2000 and opened Afro Touch, the state’s first salon dedicated solely to hair braiding: Afro Touch. It was so successful, she expanded her business to four locations with more than 20 employees. But that all changed in 2003 when the Board created the braiding license. Braiding without a license is punishable by fines of up to $5,000 per incident. Unable to fully staff her salons, Lynn could no longer expand her business, and instead was forced to shut down salons.

“I want to grow my business, but it’s impossible with Louisiana’s rules,” Lynn said. Today, only one salon remains.

“It is unconstitutional to license something as safe and common as hair braiding,” said IJ Attorney Jaimie Cavanaugh. “Economic liberty—or the right to earn a living in the profession of one’s choosing—is a right protected by the Louisiana Constitution.”

When economic liberty is under attack, would-be entrepreneurs vote with their feet. Take plaintiff Michelle Robertson, a former resident of Shreveport, Louisiana, who dreamed of opening her own braiding salon there before relocating to Texas. She did not have the means to stop working for three months to enroll in the 500-hour braiding course, nor could she find other braiders who could legally braid hair for a living in Louisiana. Decades of braiding experience meant nothing to Louisiana’s Board of Cosmetology, so she moved to Texas, where braiding is legal and she can pursue other opportunities.

“Braiding does not become dangerous when you cross the border from Texas to Louisiana,” said IJ Senior Attorney Wesley Hottot. “Twenty-seven states require no license of any kind for hair braiding.  A majority of states recognize that licensing braiders offers no public benefits, but causes real economic harms.”

Who does benefit from the license requirement are the self-interested members of the Cosmetology Board. Louisiana’s specialty braiding license is the most onerous in the country, but the Board keeps it that way because the license requirement is not meant to benefit the public. Instead, the license benefits cosmetology schools that want to profit from braiders and existing cosmetologists who do not want to compete with braiders. And the Board is composed of both licensed cosmetologists and cosmetology school owners. It is no surprise then that the Board wants to keep the braiding license exactly as it is.
Gee, looks like a protection racket for those cosmetologists and school owners.

Good thing that Texas can tolerate the horror of unregulated dreadlocks.

 

Pertinacious Tom

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The whole Libertarian ethos sounds great as long as you don't have to apply it to the real world. Then you have to start justifying all sorts of flights of fantasy.
Seems to me we're right about occupational licensing. Do you really think people should have a thousand hours of training before they can create dreadlocks?

 

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