HB 27-04: Sticking a Middle Finger to Big Brother Act (Passed)

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Looks to me that there are exceptions to curfew laws in the event of an emergency as declared by federal or local authorities, so the concerns of the gentlewoman from Mississippi seem moot.

Regarding facial recognition cameras, I see the need for privacy but my views are more nuanced - I'll wait for other Reps to comment before coming to a final decision here.

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Section 1.C seems to contradict section 1.A, "No jurisdiction may implement curfew laws in the future."
You are setting yourself up for a future court fight here.

It seems to me that the way the bill defines "curfew laws" that scenarios like a state of emergency are excluded, so I'm guessing 1C doesn't affect those statutes.

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Yeah I think that amendment is good to clarify 1a. Personally, I think curfew laws as defined in 1a can clearly be defined to exclude states of emergencies (quote: ""Curfew laws" are defined as all laws prohibiting people of any age group, or in general, from being in public areas during a certain time (usually at night), outside of a state of emergency as declared by either the President or local authorities.), but a little extra clarification never hurt anyone.

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SO this would end the lockdowns and covid dictatorship stuff? IF so I may vote for it.

I assume you mean lockdown by "covid dictatorship stuff". If that is what you mean, no this bill as it is currently written will not end any lockdowns. It would only end curfews.

Concur with this. Also, I will vigorously oppose any amendments that would do that.

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Objection.

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Nay.

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This is unconstitutional. Congress doesn't have the power to repeal state, local, or regional laws and ordinances it doesn't like.

If this bill heads to the Senate, I cannot vote for it.

Well that's a problem.

Mr. President, do you have any proposed remedies? Would specifying this only applies to federal statue fix this issue?

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As the member from Mississippi said regarding another bill, I think this bill is still workable. Perhaps an amendment to limit this bill to federal statue is in order, as I said (I'll propose such an amendment later today when I have time).

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Proposing the following amendment to resolve the constitutionality issue. As from what I can tell, all curfew laws are effectively regional, we're gonna need to axe all of Section I.

Sticking a Middle Finger to Big Brother Act

Be it enacted in both houses of Congress assembled,

Section 1. Cur-phew
a. "Curfew laws" are defined as all laws prohibiting people of any age group, or in general, from being in public areas during a certain time (usually at night), outside of a state of emergency as declared by either the President or local authorities.
b. All existing curfew laws in Atlasia are hereby repealed.
c. No jurisdiction may implement curfew laws in the future.
d. All persons cited for violating curfew laws shall have their records expunged.

Section 21. Saving Face
a. A "facial recognition camera" is any camera which includes a feature to recognize a person's face.
b. All facial recognition cameras, with the following exceptions, are hereby banned in the Republic of Atlasia.
  i. Smartphones, tablets, and other personal, mobile devices not permanently mounted to a surface shall be exempt from this law.
c. Owners of such devices shall have until July 1, 2021 to dispose of them.
d. Manufacturers of such devices shall immediately cease production of all such devices.
e. Any person or entity found in violation of parts 2c and 2d may be fined an amount not to exceed $5,000, and shall have such device confiscated.

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I'll declare the amendment unfriendly as I'd like to see a vote on this. I am not completely on board with removing section 1 but if that has to go to get it passed, then so be it.

The issue with section 1 is that we don't have the power to repeal regional curfew laws, and there don't seem to be any federal curfew laws to repeal (as curfew is generally a locally-handled issue).

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Aye.

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Aye

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Abstain

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Nay. This addendum is half irrelevant to the bill and half an egregious loophole that the surveillance state will be happy to exploit.

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Now that we have entered a new Congress, I hope our new members will be receptive to restoring the bill to its original state - both without the unrelated police pork and with a clause that will hold police departments that violate this law accountable.

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Wait, are police body cameras covered under this act? While I'm generally against the surveillance state body cameras might be a good way to hold the police accountable.

I will also offer the following amendment to restore the bill to its original form and add a clause to hold the police accountable. Hopefully the new Congress will be receptive to this change.

Sticking a Middle Finger to Big Brother Act

Be it enacted in both houses of Congress assembled,

Section 1. Saving Face
a. A "facial recognition camera" is any camera which includes a feature to recognize a person's face.
b. All facial recognition cameras, with the following exceptions, are hereby banned in the Republic of Atlasia.
  i. Smartphones, tablets, and other personal, mobile devices not permanently mounted to a surface shall be exempt from this law.
c. "Permanently mounted" is defined as any electronic device that ceases to function if unplugged from a power outlet
d Owners of such devices shall have until July 1, 2021 to dispose of them.
e. Owners may report the exact model to a government website where they will be sent directions to their local police station.
f. Local police stations will collect cameras that are brought to them and provide reimbursement for the value of when the model first reached the public market, adjusted for inflation. These cameras will be turned over to the federal government at once.
g. Manufacturers of such devices shall immediately cease production of all such devices. They shall be reimbursed for the costs of their stockpile using current market price if they turn their stockpile over to the federal government.
h. Any person or entity found in violation of parts 2(c) and 2(d) may be fined an amount not to exceed $5,000, and shall have such device confiscated.
i. Any police department which fails to turn over cameras received will lose 50% of it's federal funding for a minimum of one fiscal year.

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I disagreed with the striking of that provision and with the swearing-in of a new House I hope to see it reinstated. Regardless of our feelings about the police, there must be a appropriately severe penalty to ensure that they follow the law. Otherwise they'd be free to violate its provisions with a slap on the wrist as the sole punishment.

I motion for a final vote as soon as consideration of this amendment concludes.

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Aye.

Also reminding the speaker that a motion to vote has been made and should be considered directly after this amendment vote closes.

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AYE!