HB 26.01 Mask Mandate Act

[Rep Jessica]

aye!

[Gracile]

Nay

[Tamika Jackson]

Aye

[P. Clodius Pulcher did nothing wrong]

Nay

[Senator-elect Spark]

Nay

[Joseph Cao]

A majority of representatives have indicated opposition to the amendment. 24 hours to vote or change your vote.

[Joseph Cao]

Amendment vote closed.

By a vote of 2-6-0-1, this amendment fails.

Nobody has objected to Sev's amendment, so it is adopted. This is where we currently stand:

Mask Mandate Act

To mandate the usage of masks nationwide in response to the COVID 19 pandemic

Section 1. Provisions
1. Starting within 5 days after the passage of this bill, all regions receiving federal funding for police departments must institute mandatory usage of masks in the following situations:
   a. In any means of public transport
   b. In any shops, commerce or other public enclosed spaces; except those dedicated to the consumption of food and drinks
   c. Inside cars, if the car is operating as a commercial transportation service, such as a taxi, rideshare, shuttle service, or medical transport
2. People who do not follow this rule shall be fined $200
3. This bill shall not apply to people under the age of 10, nor to anyone with health issues where a doctor has prescribed that the usage of a mask would be negative for the patient's health
    a. A valid doctor's advisory must be present
4. This bill shall automatically sunset on December 31st, 2021; or when the WHO declares the COVID-19 pandemic officially over
5. States may be exempted from having the mask mandate apply within them if they provide a formal request for an exemption to the President and the President accepts this request within 7 days.
6. Effective 14 days from the passage of this bill, all places of business shall be required to display a QR code for the DefeatCoronavirus app at their entrances or reception areas.
    a. Failure to follow this requirement shall result in a penalty per offence of $500 for first-time offenders.

Section 2. Enforcement
1. Regional and local police departments not enforcing this mandate shall have funding withheld.
    a. Except in circumstances where an exemption is granted per Section 1.5

[SevenEleven]

I'm proposing this compromise I reached with Rep. Jessica. I think it's a fair one that still holds repeat offenders to proper account. I encourage other members to speak up sooner rather than later if they see any other issues here.

Mask Mandate Act

To mandate the usage of masks nationwide in response to the COVID 19 pandemic

Section 1. Provisions
1. Starting within 5 days after the passage of this bill, all regions receiving federal funding for police departments must institute mandatory usage of masks in the following situations:
   a. In any means of public transport
   b. In any shops, commerce or other public enclosed spaces; except those dedicated to the consumption of food and drinks
   c. Inside cars, if the car is operating as a commercial transportation service, such as a taxi, rideshare, shuttle service, or medical transport
2. People who do not follow this rule shall be fined $100
     a. This fine shall increase to $200 for any subsequent offenses
3. This bill shall not apply to people under the age of 10, nor to anyone with health issues where a doctor has prescribed that the usage of a mask would be negative for the patient's health
    a. A valid doctor's advisory must be present
4. This bill shall automatically sunset on December 31st, 2021; or when the WHO declares the COVID-19 pandemic officially over
5. States may be exempted from having the mask mandate apply within them if they provide a formal request for an exemption to the President and the President accepts this request within 7 days.
6. Effective 14 days from the passage of this bill, all places of business shall be required to display a QR code for the DefeatCoronavirus app at their entrances or reception areas.
    a. Failure to follow this requirement shall result in a penalty per offence of $500 for first-time offenders.

Section 2. Enforcement
1. Regional and local police departments not enforcing this mandate shall have funding withheld.
    a. Except in circumstances where an exemption is granted per Section 1.5

[Pericles]

I'm open to this but we should have a really punitive fine for serial offenders.

[Tamika Jackson]

I'm open to this but we should have a really punitive fine for serial offenders.

I'm proposing this compromise I reached with Rep. Jessica. I think it's a fair one that still holds repeat offenders to proper account. I encourage other members to speak up sooner rather than later if they see any other issues here.

I still think there is a real concern about jurisdiction here. How does this tie into the commerce clause? Otherwise, this Federal crime would only be enforceable on Federal property, which isn't the intent here.

[SevenEleven]

I'm open to this but we should have a really punitive fine for serial offenders.

I'm proposing this compromise I reached with Rep. Jessica. I think it's a fair one that still holds repeat offenders to proper account. I encourage other members to speak up sooner rather than later if they see any other issues here.

I still think there is a real concern about jurisdiction here. How does this tie into the commerce clause? Otherwise, this Federal crime would only be enforceable on Federal property, which isn't the intent here.

Localities are free to not enforce the mandate, but they will not be receiving any federal funding if that's the case.

[Tamika Jackson]

I'm open to this but we should have a really punitive fine for serial offenders.

I'm proposing this compromise I reached with Rep. Jessica. I think it's a fair one that still holds repeat offenders to proper account. I encourage other members to speak up sooner rather than later if they see any other issues here.

I still think there is a real concern about jurisdiction here. How does this tie into the commerce clause? Otherwise, this Federal crime would only be enforceable on Federal property, which isn't the intent here.

Localities are free to not enforce the mandate, but they will not be receiving any federal funding if that's the case.

Local authorities do not enforce Federal laws anyways because they don't have jurisdiction.

[Pericles]

Isn't this like how the US drinking age laws work? And probably a bunch of other laws too.

[SevenEleven]

Isn't this like how the US drinking age laws work? And probably a bunch of other laws too.

This is how an unknowable amount of the US Code functions, as the US Government cannot properly function as a nation otherwise.

[Tamika Jackson]

Isn't this like how the US drinking age laws work? And probably a bunch of other laws too.

Isn't this like how the US drinking age laws work? And probably a bunch of other laws too.

This is how an unknowable amount of the US Code functions, as the US Government cannot properly function as a nation otherwise.

When that happened, it concerned a matter of States changing their local laws to a certain age, or their highway traffic funding would be cut.

That is different than actually expecting local police forces to enforce this law or forcing Federal agents to do so without proper jurisdiction.

If you want to make it like the drinking age, then the requirement should be for states/regions to institute a mask mandate or risk losing Federal funding.

However, it sounds like the Administration also does not want to take that route.

[Dr. MB]

So...anything else? Or does someone want to move for a final vote?

[Joseph Cao]

Oh, hang on. Sev's amendment, seeing no objections, is adopted.

Does anyone else have anything to add?

[Joseph Cao]

Seeing no further additions, I move for a final vote.

[Pericles]

Seeing no further additions, I move for a final vote.

What is the current version of the bill?

[Joseph Cao]

Seeing no further additions, I move for a final vote.

What is the current version of the bill?

Here's where it stands following Sev's latest amendment:

Mask Mandate Act

To mandate the usage of masks nationwide in response to the COVID 19 pandemic

Section 1. Provisions
1. Starting within 5 days after the passage of this bill, all regions receiving federal funding for police departments must institute mandatory usage of masks in the following situations:
    a. In any means of public transport
    b. In any shops, commerce or other public enclosed spaces; except those dedicated to the consumption of food and drinks
    c. Inside cars, if the car is operating as a commercial transportation service, such as a taxi, rideshare, shuttle service, or medical transport
2. People who do not follow this rule shall be fined $100
    a. This fine shall increase to $200 for any subsequent offenses
3. This bill shall not apply to people under the age of 10, nor to anyone with health issues where a doctor has prescribed that the usage of a mask would be negative for the patient's health
    a. A valid doctor's advisory must be present
4. This bill shall automatically sunset on December 31st, 2021; or when the WHO declares the COVID-19 pandemic officially over
5. States may be exempted from having the mask mandate apply within them if they provide a formal request for an exemption to the President and the President accepts this request within 7 days.
6. Effective 14 days from the passage of this bill, all places of business shall be required to display a QR code for the DefeatCoronavirus app at their entrances or reception areas.
    a. Failure to follow this requirement shall result in a penalty per offence of $500 for first-time offenders.

Section 2. Enforcement
1. Regional and local police departments not enforcing this mandate shall have funding withheld.
    a. Except in circumstances where an exemption is granted per Section 1.5

[SevenEleven]

Final vote is fine by me as long as the President approves.

[Pericles]

Ok I'm fine with this. I would have liked an even more punitive fine for serial offenders but I doubt that we'll get consensus for that so I'd rather just pass the current version quickly.

[Joseph Cao]

Right then.

Mask Mandate Act

To mandate the usage of masks nationwide in response to the COVID 19 pandemic

Section 1. Provisions
1. Starting within 5 days after the passage of this bill, all regions receiving federal funding for police departments must institute mandatory usage of masks in the following situations:
    a. In any means of public transport
    b. In any shops, commerce or other public enclosed spaces; except those dedicated to the consumption of food and drinks
    c. Inside cars, if the car is operating as a commercial transportation service, such as a taxi, rideshare, shuttle service, or medical transport
2. People who do not follow this rule shall be fined $100
    a. This fine shall increase to $200 for any subsequent offenses
3. This bill shall not apply to people under the age of 10, nor to anyone with health issues where a doctor has prescribed that the usage of a mask would be negative for the patient's health
    a. A valid doctor's advisory must be present
4. This bill shall automatically sunset on December 31st, 2021; or when the WHO declares the COVID-19 pandemic officially over
5. States may be exempted from having the mask mandate apply within them if they provide a formal request for an exemption to the President and the President accepts this request within 7 days.
6. Effective 14 days from the passage of this bill, all places of business shall be required to display a QR code for the DefeatCoronavirus app at their entrances or reception areas.
    a. Failure to follow this requirement shall result in a penalty per offence of $500 for first-time offenders.

Section 2. Enforcement
1. Regional and local police departments not enforcing this mandate shall have funding withheld.
    a. Except in circumstances where an exemption is granted per Section 1.5

A final vote is now open on this bill. Representatives have 72 hours to vote; please vote Aye, Nay, or Abstain.

[SevenEleven]

Aye.

[Adam Griffin]

Aye