Senate Legislation Introduction Thread

[Dr. MB]

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[Dr. MB]

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[Dr. MB]

KING DAVE ACT

SENATE BILL

Be it resolved in the Atlasian Congress Assembled,

SECTION 1.

1. This Act may be cited as the "King Dave Act”.

SECTION 2.

1. a. Dave Leip shall be considered an eternal citizen of the Republic of Atlasia, as an Independent in the state of New York.
b. He shall not be subject to normal automatic deregistration provisions, regardless of whether he votes in Atlasian elections.
c. He shall receive all rights and privileges normally reserved for citizens of Atlasia.
2. The Registrar General shall update the census accordingly.


SECTION 3.
1. Should Dave Leip register in the New Register Thread, this Act shall become null and void.

transferring this from the House

[Dr. MB]

transferring this from the House:

The No Moderator or Accidental Invalidation Amendment

Article I, Section IV of the 4th constitution shall be amended to read as follows:


The right of citizens of the Republic of Atlasia to vote shall not be denied, except in regards to persons whose account is fewer than 168 hours old, as punishment for crimes of which the accused has been duly convicted, or in consequence of failing to meet such requirements for frequent posting or term of residency as may be established by law; but no ballot shall be counted as valid that should list the candidates for office in a script other than the Latin alphabet, or that has been edited more than twenty minutes after its posting in the voting booth. All posts made in the voting booth shall be considered as ballots, and no citizen shall cast multiple ballots in any one election during the period the voting booth is open, upon penalty of the invalidation of their vote, unless:

1. Evidence exists that the first ballot submitted by the citizen was deleted by a Moderator or Administrator of the Atlas Forum, or

2. The second ballot submitted was clearly accidental as it only lists contests not up for election within the thread it was posted on, in which case only the first ballot shall be counted, or:

3. The second ballot submitted was clearly accidental as it is identical to the first ballot and was submitted within five minutes of the first ballot, in which case only the first ballot shall be counted. 


However, in no circumstances shall a user be allowed to cast a third or subsequent ballot in any election, upon penalty of invalidation of all ballots submitted.

[Dr. MB]

FINALIZING FREAK POWER AMENDMENT

SENATE RESOLUTION

SECTION 1.

1. This Act may be cited as the "Finalizing Freak Power Amendment”.

SECTION 2.

Article I, Section 7, of the Fourth Constitution, is amended to read as follows:

A well-regulated militia being necessary for the security of a free people, the right of the people to keep and bear arms and low-potency explosives shall not be infringed.

Amendment Explanation
Adds the bearing of low-potency explosives as a right.

[Dr. MB]

SENATE BILL

To reform federal patent policy


Be it enacted by the Congress of the Republic of Atlasia assembled

Title of Act:

This legislation may be cited as the Patent Reform Act of 2019.

Substance

F.L. 10-1, the Patent Reform Act of 2017, is amended to read as follows, renumbering accordingly:

Title I: Rules of Civil Procedure in Patent Cases

1.) Any person who files a civil action alleging patent infringement must include the following information in their court pleadings:

A) The registered number of any patent at issue
B) All claims necessary to produce the identification of each instrumentality or process alleged to infringe any claim of each patent allegedly infringed
C) The name, model number, or description of each accused instrumentality
D) Each element necessary to prove each claim against each instrumentality
E) The Authority of the party alleging infringement to assert each patent
F) Grounds for jurisdiction.

2.) The prevailing party in a patent infringement case may petition the Court for reasonable legal fees, and the presiding Judge shall grant the petition, unless:

A) The non-prevailing party was reasonably justified in their legal and factual argument, or
B) Special circumstances, such as severe economic hardship to a named inventor, make an award unjust.

3.) A defendant in a patent infringement case who is being sued solely as an end-user or retailer of a composite product may petition the court to be dismissed as a defendant provided:

A) The Manufacturer of the composite product is a party to the lawsuit, and
B) The end-user or retailer agrees to be bound on issues of law.

4.) A defendant in a patent infringement case may petition the court for a stay of discovery:

A) Pending a motion to dismiss,
B) when the plaintiff is granted a preliminary injunction to prevent economic activity, or
C) during drug and biological product applications.

Title II: Patent Infringement Demand Letters

1.) The sending of purposefully evasive demand letters to end users or retailers, without identifying the registered number of any patent allegedly being infringed or the identity of the patent holder, shall be considered a fraudulent and deceptive trade practice.

2.) The Federal Trade Commission is hereby authorized to investigate complaints of evasive demand letters, assess penalties on violators, and petition federal courts for an injunction against violators.

Title III: Evergreen Patents and Medicine

1a.) It shall be unlawful for any holder of an expiring drug or biological patent to offer or make any payment to a manufacturer or distributor of generic drugs or biologics in exchange for delaying future sales of the generic drug.

1b.) No method or process patent may be granted for drugs that are protected under existing patents.  All existing process or method patents for drugs shall be null upon passage of this act.

2.) The Patent and Trademark Office (PTO) shall not grant a patent holder more than 4 continuation applications.

Title IV: Seed and Biological Patents

1.) Living organisms, including seeds, are not patentable material.
2.) Thus, patents for animal and plant DNA are rendered invalid.

1.) In any civil action against a farmer alleging infringement of a patented seed licensing agreement, the court shall determine the origin of the seeds in question. If it is determined by clear and convincing evidence that the unlicensed seeds were illegally purchased by a farmer, the farmer shall be liable to the patent holder for the cost of the seed, the cost of court filings, and the reasonable costs of the investigation. If however it is shown by preponderance of the evidence that the farmer did not purposefully acquire and then plant the patented seeds, the patent holder shall be liable to the farmer for all legal expenses as well as treble damages on the value of the crop yield.

2.) Venue for the case shall be the District Court of the place where the alleged infringement occurred.

Title V: Software patents

1.) Software patents shall pertain solely to enabled code without regard to means or function of code.

Title VI: Protection for human DNA combinations

1.) Human DNA combinations shall not be patentable subject matter under terms of the Patent Act of 1952.

Title VII: Time period limits

1.) Patents for biologic drugs shall expire after ten years.

2.) Genetic patents shall expire after fifteen years.

3.) Software patents shall expire after eight years

Title VIII: International patent applications

1.) All patent applications must be filed in English.

[Dr. MB]

AN ACT
to unite the states of Atlas and Canada

Be it enacted by the Senate and House of Representatives, in Congress assembled:

Section 1 (Title)
i. The title of this Act shall be, the North American Federal Transition Act. It may be cited as “NAFTA.”

Section 2 (Federal North America)
i. The Republic of Atlasia will absorb the provinces and territories now confederated as “Canada” as coequal states of the Republic.
ii. The provinces of Alberta, British Columbia, Manitoba, and Saskatchewan, and the territories of Nunavut, the Northwest Territories, and Yukon, shall be admitted to the Union as constituent states of the Commonwealth of Frémont.
iii. The provinces New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward Island, and Quebec shall be admitted to the Union as constituent states of the region of Lincoln.

Section 3 (Enactment)
i. This Act shall take effect upon its ratification by the Parliament of Canada.

[Dr. MB]

NO SYMPATHY FOR TERRORISTS ACT

SENATE BILL

SECTION 1.
Upon passage of this bill and signature of the President, all diplomatic relations between the Republic of Atlasia and the Kingdom of Saudi Arabia are hereby suspended until the following conditions are met:
a. Saudi Arabia ceases all military operations within the territory of Yemen
b. Saudi Arabia repeals the requirement of women over age 21 to have a male guardian (wali), which she must request the permission of to do a number of things

[Dr. MB]

HIGH FOR HOURS ACT

SENATE BILL

SECTION 1.
No regional, state, or local government in Atlasia may limit the number of Cannabis plants a person chooses to cultivate on their private property.

[Dr. MB]

Protecting Innocent Tame Breeds from Unjust Laws and Liabilities Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I: NAME

1. This bill may be cited as the Protecting Innocent Tame Breeds from Unjust Laws and Liabilities Act, or alternatively, the PITBULL Act.

SECTION II: SUBSTANCE

1. All statutes and regulations which currently place additional legal restrictions, duties, penalties, or legal presumptions upon the keeper, owner or harborer of dogs based solely upon the breed of said dog, including but not limited to the breeds of dogs known as pit bulls, Rottweilers, Doberman pinschers, and Staffordshire terriers are hereby repealed.

2. Nothing in this act shall be construed to remove legal restrictions, duties, penalties, or legal presumptions upon the keeper, owner or harborer of any dog based on prior misconduct of that particular dog or owner.

[Dr. MB]

Let People Travel Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I: NAME

1. This bill may be cited as the Let People Travel Act.

SECTION II: NO MORE DUMB FEES

1. No fee or tax shall be charged for first-time application or renewal of any Atlasian passport book or passport card.
2. Passport photographs shall be available to be taken free of charge at every facility which accepts passport applications.

[Dr. MB]

Snip Snip Snip Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I: NAME

1. This bill may be cited as the Snip Snip Snip Act.

SECTION II: GENITAL MUTILATION ISN'T COOL

a. Definition
1. For the purposes of this bill, "involuntary circumcision" shall be defined as the removal of the foreskin for unnecessary and non-medical purposes.

b. Banning Involuntary Circumcision in Atlasia
1. Involuntary circumcision of any child under age 13 is forbidden in the Republic of Atlasia.
2. Should a person between the ages of 13 and 17 wish to get circumcised, they must sign a written consent form along with their parent or legal guardian.
3. Should a person aged 18 or over wish to get circumcised, they must sign a written consent form.

c. Penalties
1. Any licensed medical professional who performs involuntary circumcision on a child under age 13 may be fined up to $1000 and lose their license to practice for up to 6 months on the first offense.
2. Fines shall double for each subsequent offense until it reaches $50,000.
3. On the 3rd offense, they shall have their license revoked permanently.
4. Anyone who is not a licensed medical professional who performs involuntary circumcision on a child under age 13 may be fined up to $1000 on the first offense, with the fine doubling for each subsequent offense until it reaches $50,000.

[Dr. MB]

Resolution Condemning the Coup in Bolivia

SENATE RESOLUTION

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I: NAME

1. This may be cited as the Resolution Condemning the Coup in Bolivia.

SECTION II: VIVA EVO

1. The Republic of Atlasia unequivocally condemns the unlawful and unjust coup which caused the forced resignation of Bolivian President Evo Morales.
2. The Republic of Atlasia strongly urges the new Bolivian government to grant a full pardon to Evo Morales, Álvaro García Linera, and all other affected officials and allow them to return to Bolivia as soon as possible.
3. The Republic of Atlasia recommends free and fair elections are to be held once the above has taken place.

[Dr. MB]

Breakout Act

SENATE BILL

SECTION 1.
Recognizing that human nature is to want to be free,

1. No additional penalty may be imposed for successful or attempted escape from an Atlasian federal or military prison, provided no human being is intentionally physically harmed during the attempt, with the following exceptions:
a. Prisoners may be fined for an amount not exceeding the cost to repair any part of a prison facility that was damaged during the escape attempt.
2. Crimes committed while an escaped prisoner is on the run may be prosecuted accordingly.

[Dr. MB]

National Park Admission Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I: NAME

1. This may be cited as the National Park Admission Act.

SECTION II: CREATION OF NEW NATIONAL PARKS

The following jurisdictions are hereby designated as National Parks of the Republic of Atlasia:

1. Mount Hood National Park, from Mount Hood National Forest in Oregon
2. Mount Saint Helens National Park, from Mount Saint Helens National Volcanic Monument in Washington

[Dr. MB]

Domestic Security Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

1. Any chemical or biological agent currently prohibited for use in combat by the Armed Forces of the Republic of Atlasia is hereby prohibited for use by any law enforcement agency for the purpose of maintaining public order in area subject to the jurisdictional authority of the Republic of Atlasia.

[Dr. MB]

Sticking it to the Man Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I
No school which receives federal funding from the government of Atlasia may suspend, expel, or otherwise punish a student for any of the following reasons:

1) wearing their hair in a certain style or having dyed or colored hair
2) expressing opinions or beliefs protected by the Constitution of the Republic of Atlasia, or wearing clothing in order to express those opinions or beliefs
3) praying or otherwise practicing their religion at school
4) being absent from class
5) peacefully walking out of class
6) actions that occurred outside of school provided they were legal and non-threatening

SECTION II

1) No school which receives federal funding from the government of Atlasia may prevent a student from graduating or passing a class due to debts incurred, including but not limited to lunch debt and unreturned library books, provided they satisfy all other requirements.
2) No school which receives federal funding from the government of Atlasia may prevent a student from graduating or passing a class due to absences incurred, provided they receive a passing grade and satisfy all other requirements.

[Dr. MB]

Snipping It a Little Less Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I

1. Males aged between the ages six and seventeen may not be circumcised without their expressed, written consent.

   1a. Persons found in violation of this act shall be fined no less than $50,000 per offense and a forfeiture of all relevant medical licenses for up to a year.
2. In cases of medical emergency where circumcision is deemed necessary and the patient is incapable of providing expressed, written consent, the procedure may be performed without penalty.

3. All males between the ages of six and seventeen must view a video describing the health risks and drawbacks of circumcision before providing their consent to the procedure.

[Dr. MB]

Holiday Work Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I

1. All Atlasian businesses employing more than 50 people are required to pay their waged workers 1.5 times the normal amount for working on any Atlasian federal holiday, with the exception of Thanksgiving Day, Christmas Day, and New Year's Day, on which they are required to pay workers double.

[Dr. MB]

Troubled Teen Protection Act

SENATE BILL

Be it enacted by the House of Representatives and the Senate of the Republic of Atlasia in Congress assembled,

SECTION I

1. No teenager shall be forced to attend a troubled teen camp, against his or her will, except under recommendation by a doctor or other licensed health professional, or by a judge in consultation with such a health professional.
    a. The terms "teen" and "teenager" are defined to include minors between the ages of 13 and 17, inclusive. However, this definition shall not be construed to deny the right of any person to have their attendance in the troubled teen camp approved in the manner outlined in Section 1, Clause 1.
     b. The term "troubled teen camp" is defined as an overnight camp in which the "campers", or clients/participants of the camp, are attempted to be rehabilitated, for reasons including but not limited to substance abuse and criminal behavior.
2. No health professional nor judge may recommend a person to attend a troubled teen camp to rehabilitate one's race, gender, sexual orientation, or sexual self-identification. This shall not be construed to prevent a health professional or judge from recommending a person to a troubled teen camp for sexual, racial, or gender-motivated crimes.

SECTION II
1. All troubled teen camps are subject to random wellness checks by the Government, or the state or local authorities, in a manner convenient to the local authority.
2. Monitoring personal phone calls, and reading letters is prohibited, except by consent of the participant.
3. Provision of food, water, shelter, hygiene and/or medical care shall not be withheld from a participant as a punishment in any way that would fail to provide for the health and nutritional requirements of the participant. The camp shall not deny the appropriate dosages of medications to those who have a currently valid prescription to such medication, and shall allow a participant access to any item necessary to that participant's health.
4. No weapon or physical restraint may be used against a participant except where necessary to respond to an imminent threat to the safety of the participant and/or other individuals.
5. Any camp found in violation of clauses 2 of this section may be fined up to $500 per offense.  Any camp found in violation of clauses 3 or 4 of this section may be fined up to $50,000 per offense, and may face camp closure upon repeated offenses. These shall be in addition to any applicable restitution to a victim and/or other criminal penalty for resulting harm under existing laws.

[/quote]

[Dr. MB]

Introducing on behalf of former president Sestak:

Senate Succession Rules

The nine at-large seats shall be numbered 1 through 9. Succession of these seats shall be determined by applying the following rules, one at a time, to assign seats both to parties and to individual Senators:

1. Any incumbent at-large Senator continuing to serve in that capacity in the subsequent Senate shall retain their seat.

2. Any political party holding seats in both the preceding and subsequent Senates shall retain the seats held in the precdeding Senate.
a) If a party holds fewer seats than in the preceding Senate, they shall retain the seats they have held continuously the longest.

3. Any elected at-large Senator who has previously served in an at-large seat, if they are eligble to serve in said seat after the evaluation of the previous rules, shall again hold that seat.
a)If an incoming Senator has held (and is eligible for) multiple available seats, preference shall be given to the seat most recently served in.
b)If multiple former members would be assigned to the same seat under this mechanism, preference shall be given to the Senator who most recently served in the seat.

4. Any party holding more seats in the subsequent Senate than in the preceding one shall be entitled to the party's most recently held seats which are still available after the evaluation of the previous rules, if such seats exist.
a) If multiple parties would be assigned the same seat under this mechanism, preference shall be given to the party that most recently served in the seat.

5. If, after evaluation of the previous rules, there is a clear ideological alignment between the outgoing Senator in an available seat and an unassigned incoming member - with no other unassigned member having a plausible ideological connection to said incumbent - the incoming member in question shall be assigned that incumbent's seat.

6. After evaluation of the previous rules, any further incoming at-large Senators shall be assigned to the lowest-numbered available seat for which they are eligible at the time when they post their swearing into office.


For the purposes of seat allocation for the inaugural Senate under the new Constitution (the 104th Senate), the history of the nine seats of the House of Representatives shall be substituted for the history of prior Senates in terms of the seats being held by both parties and individuals. For all following Senates, House history shall not be taken into account except when breaking ties under rule 2(a) if a party has held multiple seats since the start of the 104th Senate.