Legislation Introduction Thread

[Torie]

At the request of PiT (The Physicist), I am introducing this proposed Constitutional Amendment (amended):

24th  Amendment to the Atlasian Constitution Regarding the Role of Parties and Its Citizens

        1. No registered person shall have a right to vote in any federal or regional election for office (“General Election”) who is a registered member of any political party (“Non Viable Party”) which has less than five registered as of the commencement of the 9th day EST prior to the date scheduled for such election to commence (“Registration Close Date”). A party which has at least five legally registered voters as of such time is hereinafter referred to as a "Viable Party,” and its registered members who are legally registered voters as of such time, “Eligible Members.” Voting events for Constitutional Amendments or referenda are not General Elections for purposes of this Amendment, and the right to vote in the same shall not be affected hereby.

     2. In a case where the number of  legally registered voters who are members of a Viable Party timely declare candidacy (“Timely Declared Candidates”) for the same office in a General Election  is in excess (“Excess Party Candidates”) of the number of seats (“Available Seats”) for which a registered voter is entitled to vote (which number as of the date of adoption of this amendment, is one such seat for region specific seats, and five such seats for at large seats), then at a time no less than one week before the earliest possible time for the commencement of voting in such General  Election, a primary election shall be conducted  for each such Viable Party with Excess Party Candidates. The polls for each such primary election shall remain open for 72 hours, and be administered by the party chair of each such Viable Party, if such party chair holds office pursuant to the rules of such Viable Party (“Party Chair”), and in cases where no such Party Chair exists, such primary election for such Viable Party without a Party Chair shall be conducted by the Secretary of Forum Affairs. Such primary election shall be conducted in a manner such that such Viable Party nominates a number of candidates for the subject office which does not exceed the number of Available Seats, with each of those so nominated, or who are Timely Declared Candidates of a Viable Party which does not have Excess Viable Party Candidates, referred to herein as a “Eligible Viable Party Candidate.” Any Eligible Member of the applicable Viable Party shall have a right to vote in such primary election. Except as otherwise specified herein, the manner of conducting such primary election shall be within the discretion of the Party Chair (or the Secretary of Forum Affairs if paragraph 3 below is applicable).

     3. If a sitting Party Chair of a Viable Party fails to commence such primary election for such Viable Party within 24 hours of the Registration Close Date, then within 24 hours thereafter, the Secretary of Forum Affairs shall conduct such primary election in the manner described above.

     4. No person may appear on the ballot for office in a General Election unless such person with respect to such General Election  is either (i) an Eligible Viable Party Candidate, or (ii) as of the Registration Close Date for such General Election, not a registered member of either a Viable Party or Non Viable Party.

[Torie]

As promised...

Legalization of Heroin Bill

Section 1: Findings
1. Heroin is a white, crystalline, narcotic powder, C21H23NO5, derived from morphine, formerly used as an analgesic and sedative.
2. The pharmaceutical price of heroin is only 5% of the average street price of heroin.

Section 2: Applicability
1. This law shall remove all federal restrictions on heroin in addition to legalization in Nyman and other federal territories which do not form a region.
2. The Regions of Atlasia shall be free to legalize and regulate heroin in any manner which they may choose.

Section 3: In Regards to the Legal Status of Heroin
1. The possession and consumption of heroin shall be legal.
2. This law shall not be interpreted as to decriminalize driving under the influence of heroin.
3. Penalties for driving under the influence of heroin shall be the same as those for driving under the influence of alcohol and other substances.

Section 4: Taxation
1. Taxes on heroin will be 30% per gram.  Individual regions may set their own taxes on heroin as they see fit in addition to the federal tax which shall not exceed 20%.
2. Federal revenue raised from taxes on heroin shall be spent as follows:
   a.) 50% to a newly created National Opiate Addiction Help Center
   b.) 25% to funding for the needle exchange program created by the Atlasian Policy Regarding HIV/AIDS
   c.) 25% to improvements to federal interstate highways
3. Regional revenue generated from sales of heroin shall be used however the region deems necessary by a vote of the people upon voting for legalization.
4. The National Opiate Addiction Help Center shall not be funded by any other taxes.
5. The National Opiate Addiction Help Center shall focus on treatment options not involving methodone

Section 5: Purchases
1. Heroin shall be available at any licensed pharmacies.
2. Heroin shall not require a prescription but will kept behind the counter under all circumstances.
3. Individuals not in possession of the proper licenses shall still be prohibited from selling heroin.

Section 6: Age Restrictions
1. No one under the age of 18 shall be allowed to purchase heroin
2. Any pharmacist selling heroin to a person under the age of 18 shall be subject to any of the following:
   a.) a fine not to exceed $100,000
   b.) 30 days in a regional prison
   c.) a suspension or revokal of license

At the request of DWTL, I am taking over sponsorship of the above Bill. DWTL requests that it retain its position in the queue.

[Torie]

Amendment to the Consolidated Criminal Justice Act

The following text is added to Section 3 of the Consolidated Criminal Justice Act:

5. Secession, defined as a territory or group of people declaring independence from the Atlasia.


The relevant section and act can be found here.

I've introduced this because, while I believe that secession can be prosecuted as treason under the current laws, the overall statue on these actions is vague and circumstantial. Clearing up these grey areas would probably help if Atlasia is faced with a situation like this again.

The plan is not to declare independence. The plan is to reverse the supremacy clause, so regional law is supreme to federal law. The plan is to further continue to elect senators to Atlasia that will vote on such subordinate legislation. So the language would have to be a refusal to subject one to Atlasian law as the supreme law of the region.

[Torie]

The plan is not to declare independence. The plan is to reverse the supremacy clause, so regional law is supreme to federal law. The plan is to further continue to elect senators to Atlasia that will vote on such subordinate legislation. So the language would have to be a refusal to subject one to Atlasian law as the supreme law of the region.

I know what the plan is and the plan is already illegal under the ruling of StatesRights v. Atlasia meaning that, at a minimum, there actions would be null and void and, at most, they would be prosecuted by the Attorney General for contempt of court. This is mostly to create a certainty when dealing with secession issues that the participants will be charged with treason.

Well I would be more comfortable with clear language that that is the consequence.

[Torie]

Here is the amendment I am thinking about. It's in bold. If there is a consensus on language, how do we queue jump it to get a prompt vote?

Section 3: Acts of Treason

The following acts are hereby declared Acts of Treason:

    * 1. Rebellion, defined as the use of military forces to overthrow the Federal or any Regional government of Atlasia.
    * 2. Aiding of a rebellion, defined as the fully knowing and intentional direction of funds, military aid, or strategic advice to a person or group seeking to engage in rebellion.
    * 3. Terrorism, defined as the unlawful or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating civilians and/or the federal and/or regional governments of Atlasia.
    * 4. Destruction of a Voting Booth, defined as deleting the thread in which a voting booth, or absentee voting booth, for an active election is contained.
   *  5. Taking the oath of office for any federal office in Altasia, and then making any post denying the supremacy of any federal Atlasian law in any or all regions of Atlasia, or serving in any office of any region of Altlasia of a rogue government which denies it is subject to the supremacy of Atlasian federal law, unless and until such region of Atlasia is  recognized by Atlasia as  a former region of Atlasia pursuant to its being reconized  by the federal government of Atlasia in accordance with its laws as an independent nation.

The idea is that if some nutters want to play their own game that is fine, but if they attempt to have it both ways, and play also in Atlasia as an elected or appointed official, or in a rogue state, they will be punished. Taking an oath either in Atlasia or a rogue state is the trigger mechanism for prosecution by our attorney general.

[Torie]

I played with the language. I would appreciate other legal brains here chiming in, so we get this right. Sam, and Bullmoose, take off the robe, and chime in.

[Torie]

I played with the language. I would appreciate other legal brains here chiming in, so we get this right. Sam, and Bullmoose, take off the robe, and chime in.

The original language was better, in my opinion. Most of the language in the new version is redundant, unnneeded, and spelled badly, sorry Torie but I couldn't make out most of it because of spelling, grammar, and logic errors.

Also your amendment doesn't fit in with the general word order/grammatical format of the rest of the section. I updated it when I added it to my bill to make it fit into the logical frame of the section in question.

Perhaps you could be more specific. This is a work in progress. I could dump the recognition thing, to reduce the length of a run-on sentence. The point is to have a clear and objective as possible bright line as to what specific acts constitute treason, at least as a starting point. I think it should be tied to taking an oath of office for starters. Given that, what do you propose again?

[Torie]

6. Refutation of federal supremacy in law, defined as taking the oath of office for any office in Atlasia, and then making any post or taking any actions denying the supremacy of any federal Atlasian law in any or all regions of Atlasia.


That is pretty good actually, now that I found it. Hopefully we will get more comments.

[Torie]

Perhaps you could be more specific. This is a work in progress. I could dump the recognition thing, to reduce the length of a run-on sentence. The point is to have a clear and objective as possible bright line as to what specific acts constitute treason, at least as a starting point. I think it should be tied to taking an oath of office for starters. Given that, what do you propose again?

For more specific arguments of your current proposal:

You must be logged in to read this quote.

Way to damn specific. What's a rogue government, how is that defined? Also I get lost in the continuous use of any. What does "any office of any region of Atlasia of a rogue government" even mean? If you want this included I would restate it as part of your original proposal:

6. Refutation of federal supremacy in law, defined as making any post or taking any actions denying the supremacy of, or serving in a regional government which denies that it is subject to, federal law in any or all regions of Atlasia, after having taken the oath of office and serving as a legal officeholder.

OK with me, but hopefully we will get more comments. Sam where are you?

I admit I have a love affair of the word "rogue." It is one of my favorites.

[Torie]

OK, Senators A and B don't run for re-election. In the at large election, first senator C is elected, and then senator D. Senator C votes for A or does he vote for B? How can one tell?  And suppose C and D are elected at the same time, ie I assume, meaning in the same round?

Gosh, this stuff gives me a headache!

[Torie]

OK, Senators A and B don't run for re-election. In the at large election, first senator C is elected, and then senator D. Senator C votes for A or does he vote for B? How can one tell?  And suppose C and D are elected at the same time, ie I assume, meaning in the same round?

The one with the higher vote total to be considered first. When tied on that, previous rounds.

I still don't get it. C is elected first. There are two senators not running for reelection. Which one does C vote for?  And suppose two senators have the same totals? And I don't see the legal mechanics in your language in any event to effect what you just typed. "Order of their election" is vague to me, or at least does not do the look back where two senators are elected at the same time it seems to me.

[Torie]

And if A and B were elected at the same time, you do the same protocol, as to who was elected in the earlier round, and if in the same round, a look back at earlier vote totals, and if they had the same vote totals, maybe do it in alphabetical order of their names or something.

[Torie]

Time to propose legislation that passed the Dirty South:

One Strike Your Out Act

1.) Any citizen convicted of first degree murder shall automatically receive a minimum sentence of life in prison without the possibility of parole.
2.) Any citizen convicted of second degree murder shall automatically receive a minimum sentence of fifteen (15) years in prison

One Strike Your [You're] Out Act

[Torie]

Billboard Quarantine Act

       Recognizing that highway billboards are a form of visual pollution scaring the landscape of Atlasian highways, One Billion Dollars is hereby appropriated for the following purposes:

  (i)    To secure visual easements along Altasian federal highways in which the posting of any commercial signage is prohibited.

  (ii)    To plant trees between Atlasian federal highways and billboards so that the tree foliage camouflages such billboards from the view of occupants of motor vehicles on such highways.