Freedom in the Legislative Process

Freedom in the Legislative Process

January 2, 2017 Blog 0

Freedom in the Legislative Process

Often times while researching legislation we discover words don’t necessarily mean the same thing that one would assume it means, it gets twisted so far out of balance that you don’t recognize it any longer. Often times choice words are used in the title of a piece of legislation to mislead those people that could benefit from it or as a complete misdirection of the people who assume or who have been led to believe that one is either a limited government conservative or perhaps a government growth progressive.

Before session starts, such a piece of legislation has already been discovered using the term FREEDOM in HOUSE BILL NO. 230. Let’s define what the term freedom means by using the everyday dictionary:

free·dom

ˈfrēdəm/

noun

  1. The power or right to act, speak, or think as one wants without hindrance or restraint.
  • Absence of subjection to foreign domination or despotic government.
  • The state of not being imprisoned or enslaved.

Now that we have determined what the word freedom means let’s look at a piece of pre-filed legislation aptly named: Establishes Hair Braiding Freedom Act (LR# 0699H.02I). If freedom truly means as we determined above from the dictionary “without hindrance and restraint one could easily make the assumption that hair braiding can be done without with no interference from any governmental entity or political subdivision of the state or the state itself, but that isn’t the way it works. The piece of legislation in question has the following section:

329.275.
1. The practice of cosmetology shall not include hair braiding; except that, nothing in this section shall be construed as prohibiting a licensed cosmetologist from performing the service of hair braiding as defined in section 329.010.
2. No person shall engage in hair braiding in the state of Missouri without first registering with the board. The board may charge each registrant a fee of not more than twenty-five dollars to cover the board’s costs in registering the person and providing the person with the brochure prepared under subsection 3 of this section, which fee shall be uniform for all registrants. The purpose of registration of hair braiders is only to maintain a listing of those persons who engage in hair braiding for compensation in the state and does not authorize the board to license or regulate the practice of hair braiding in this state, except as provided in subsection 4 of this section.
3. The board shall develop and prepare a brochure containing information about infection control techniques that are appropriate for hair braiding in or outside of a salon setting. The brochure shall be made available through the division of professional registration’s website or by mail, upon request, for a fee to cover the board’s mailing costs. The brochure shall contain a self-test with questions on the information contained in the brochure. For a person engaged in the practice of hair braiding to be exempt from licensure under this chapter, the person shall complete the self-test portion of the brochure and keep the brochure and completed self-test available at the location at which such person is engaged in the practice of hair braiding.
4. Representatives of the board may visit any facility or premises in which hair braiding is performed at any time during business hours to determine if the brochure and completed self-test are available at the facility or premises.
5. Nothing in this section shall apply to any cosmetologists licensed to practice in this state in their respective classifications.

Clearly, in legislativease, freedom will be used in a manner to title a piece of legislation in hopes to mislead the constituents.