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2021-09-14 07:00 by Karl Denninger
in States , 6057 references Ignore this thread
The 'Citizens Rights Act'
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WHEREAS the State of [Those-States-With-Balls] finds that there is a pre-existing right to bodily autonomy;

WHEREAS Covid-19 is a clear threat to the public, which must be balanced with that pre-existing right;

WHEREAS the actual risk from Covid-19 is highly-stratified and inconsistent from one person to another;

WHEREAS it is unjust and contrary to the public policy of this state to force one citizen to bear another's risk, whether their risk was acquired voluntarily or not;

WHEREAS The Federal Government has demanded that such risk be assumed by others in the form of an employer-based vaccine mandate;

WHEREAS The State, as a regulator of all businesses permitted to operate inside of its borders, has a duty to protect its citizens and, by extension, said employees of said firms;

THEREFORE BE IT ENACTED:

 

DEFINITIONS:

1. COERCED MEDICAL PROCEDURE shall mean any invasive medical act, including but not limited to treatment, injection, vaccination, oral medication, medical test by means of any item or other invasive device which the employee objects to on personal, medical or religious grounds except that it shall not include an oral medication prescribed by a licensed physician to control a chronic condition that otherwise impairs employment such as blood pressure, sleep apnea or similar, nor shall it include non-invasive testing including but not limited to non-contact temperature testing provided it is required of all employees in similar circumstances (such as on-site work);

2. EMPLOYER shall mean any entity, irrespective of its legal domicile or organization, that employs a person to perform labor of any form within the boundaries of this State for economic benefit, whether payment is in money or by exchange;

3. DISMISSAL shall mean an act of being fired, placed on unpaid leave or leave during which the employees pay and/or benefits are reduced irrespective of the mechanism or internal naming used by the employer.  Dismissal shall not include leave, with or without pay, for any period during which a medical doctor has found that an employee has and can transmit a communicable disease of great public concern, including but not limited to Covid-19.

 

EMPLOYEE MEDICAL DISCRIMINATION DISMISSAL FUND (COTAX):

1. There shall be laid a supplemental unemployment tax called COTAX on all employers of one or more employees in this state;

2. Said tax shall be in addition to and not in replacement of the existing SUI levy placed on all firms, with registration for SUI being considered registration for COTAX;

3. The amount of said tax shall be established as a base rate of 0.1% of all actual gross pay and benefits, including but not limited to those deductible above the line by the employer, such as health premiums and similar, and shall include any employee "contributions" deducted from an employee's paycheck.  Said base rate shall be designated by the State Treasury to defray operating expenses of the COTAX fund;

4. The amount of such tax shall be adjusted quarterly such as to increase by the amount equal to 75% of all actual former gross pay and benefits for any person subject to dismissal due to refusing a coerced medical procedure, retroactive to the date of such dismissal and continuing for each day said dismissal remains in effect, except as terminated by an act of the employee below;

5. All employers shall report, by electronic means, any such dismissal within seven (7) calendar days.  Failure to so-report shall subject employer to a fine of 100% of the covered and due funds, due and payable immediately;

6. Amounts due for COTAX shall be due thirty (30) days after the close of each calendar quarter.  A late payment penalty of 10% shall be assessed for each thirty (30) day period beyond the close of the quarter that the full amount remains unpaid.  Unpaid balances overdue by more than sixty (60) days shall result in a levy against all assets owned by the employer first within the State and then beyond it.  Unpaid balances overdue by more than one hundred twenty (120) days shall result in a writ of seizure against the assets of said employer, wherever located, to satisfy said debt.

 

DISBURSEMENTS FROM COTAX FUNDS:

1. Any person dismissed due to their refusal to comply with a coerced medical procedure may file a COTAX claim;

2. Upon substantiation that said dismissal was for a covered reason under this act said person shall be entitled to the 75% of their former pay and benefits, in cash, remitted from the State;

3. Said right to recover funds by an employee under COTAX shall terminate when (1) the individual is re-employed within or beyond the State, (2) moves their residence beyond the boundaries of the State, (3) qualifies under SSDI or other long-term disability federal program, (4) qualifies for Social Security at their full retirement age or (5) is incarcerated or involuntarily committed, in which case their payments shall be tolled during that period or (6) dies;

4. No right to disbursement may be assigned, hypothecated, pledged, loaned against or otherwise irrespective of the reason, purpose or justification.

 

PROHIBITED ACTS:

1. No employer shall enact or enforce a policy by which an employee is subjected to differential treatment in the workplace due to their medical status, irrespective of whether that policy relates to dress, items to be worn or not (such as masks) or non-invasive testing except an employer may, upon clear and convincing evidence that an employee is actually ill or carrying a contagious disease, dismiss said employee from their duties and order them to leave the premises;

2. No employer shall enact or enforce a policy by which the type or conditions of leave from duties as a result of illness varies due to the specifics of the illness or the employee's medical status;

3. No employer shall use sequential actions such as placing an employee on paid leave due to refusal of a coerced medical procedure which is then converted, at a later date, to unpaid leave or dismissal in order to circumvent the protections of this act;

4. An employer who violates these policies shall be deemed to have dismissed each employee to which said prohibited act is applied to, and said employee shall be entitled to recovery, and the employer shall be liable for sums due under the COTAX act for each day said policy remains in place.

 

FRAUD:

1. All filings made under this act shall be made under penalty of perjury;

2. Any person making a false statement or claim under the COTAX act shall be liable for 150% of all funds disbursed and a mandatory sentence upon conviction of not less than one nor more than ten years in the state penitentiary;

3. Any employer making a false statement or claim under the COTAX act shall be liable for 300% of the amount otherwise due under this act and any officer, director or other person executing, preparing or signing such a statement shall serve upon conviction not less than two nor more than ten years in the state penitentiary;

4. Criminal penalties under this subsection may not be reduced to misdemeanors, diverted or expunged.

 

ADMINISTRATIVE:

1. The names of employers, numbers of employees dismissed due to a coerced medical procedure or which commit a prohibited act and the amount of tax due, payable, collected and disbursed, along with the number and type of prohibited act for any employer who has or does dismiss one or more employees or commit a prohibited act under this law are deemed public records and disclosed via conspicuous and free means.  Publication on the State's employment web page shall comply with this requirement;

2. To the extent a collective bargaining agreement affords superior or equal protection to employees from dismissal for a coerced medical procedure said collective bargaining agreement shall supersede this legislation.

 

SAVINGS CLAUSE

1. Should any element of this legislation be found unenforceable by a Court of Competent Jurisdiction the remainder shall be construed to the maximum available extent to provide the same employee protections as outlined herein.

 

That ought to do it.  Let's see which state has the nuts to enact it; the cost of the State Treasury is very nearly zero as the base rate should cover operating expenses as the basic SUI structure is already present within the State machinery.

Governors Lee and DeSantis, where are you!

More to the point: Want to see every corporation force the Government to fold instantly?

Pass this in the red states and they will.

 
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User Info The 'Citizens Rights Act' in forum [Market-Ticker]
Happytrails
Posts: 706
Incept: 2008-10-24

Bluegrass
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I like this! Not withstanding the criminal penalties, it imposes a ****storm of administrative procedures on the company. Taxes, remittances, filing requirements, reconciliations, tracking, reporting, programming, record retention....the list goes on.
Tdurden
Posts: 1141
Incept: 2015-01-29

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Being presented with a plan like yours would certainly reveal which governors are serious about protecting their citizens and which ones are just going to make noise and fundraise off of DC's mandates headed into the 2022 elections. That map looks familiar and the same governors who thought the supreme court was going to do it's ****ing job last year are threatening MOAR lawsuits. Just sue harder this time.

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"I'd like to live just long enough to be there when they cut off your head and stick it on a pike as a warning to the next 10 generations that some favors come with too high of a price." -Vir Cotto Babylon 5
Rporth
Posts: 49
Incept: 2016-09-28

North Dakota
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I like the concept TG, YET North Dakota meets every other year (thankfully), and finished the legislative session in April. I do know a Representstive and will approach him on this. Yet waiting a year and a half, who knows where this clown show will be
Blackcrow
Posts: 106
Incept: 2021-04-04

Texas
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That is great IF we were living in a country still under the rule of law.

Which we are not.

We are a post-law society, wbere the aggressors make the rules, full steam ahead to 1984.

TINVOWOOT
Nolaguy
Posts: 157
Incept: 2007-11-11

New Orleans
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Excellent, Karl. I just sent to my state rep here in Fl.
Olddad
Posts: 105
Incept: 2019-08-22

Inman
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Below is what I sent to my governor and state reps, feel free to copy and paste:

Here is a bill that will stop medical coercion in SC and promote greater freedom for all South Carolinians. Please consider introducing this bill immediately. Thank you.

https://market-ticker.org/akcs-www?post=....

Twainfan2
Posts: 325
Incept: 2018-12-04

MN
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This would be great to have in place. It's too bad there aren't enough of us that could all move to the same state and basically take it over to implement these kinds of things.

We'd never get anything like this here... little Adolf Walz takes his marching orders from the likes of Cuomo and Newsome.
Tickerguy
Posts: 176905
Incept: 2007-06-26
A True American Patriot!
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Updated to add "prohibited acts."

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I don't give a flying **** if you're offended.
Smb14
Posts: 8
Incept: 2021-08-31

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That's a great idea. In addition I say all red states should put electoral college systems in place for all state wide and federal elections. Mitigate the effect of the blue hives on the rest of the state so you don't get an Illinois or New York.

Wisconsin should have done this when they had the full legislature and governor's office. Then Milwaukee and Dane county could have manufacture all the votes they want and it wouldn't matter for the rest of the state.
Zk118
Posts: 24
Incept: 2016-09-28

Central Oklahoma
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I sent it off to my Gov. Stitt. I included the whole body of the ticker text and not just a link to the text.

Edit: Twatted it to for people to send to their governors to take back their freedoms.

Tdurden
Posts: 1141
Incept: 2015-01-29

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BTW, love the presentation of the main course for tonight's dinner service. Hope that comes with a side of peas.

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"I'd like to live just long enough to be there when they cut off your head and stick it on a pike as a warning to the next 10 generations that some favors come with too high of a price." -Vir Cotto Babylon 5
Cmoledor
Posts: 223
Incept: 2021-04-13

Akron Ohio
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Sent to my local (Akron Ohio WNIR) talk radio program. They have contacts in the state legislator. Will send this bad boy to all legislature members I can. Even local. Also to my entire contacts list. Ohio may be red (purple really) but I expect DeSwine to still suck fedgovs disease infested cock. But Im not giving up. Absolute genius Karl. Thanks good sir. Beer is on me.

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The whole world is one big ****ing scam
Why are you giving a vulgarity warning here? Our genial host is an advocate of both skull****ing and sodomy via rusty chainsaw. Credit to Rollformer
Rporth
Posts: 49
Incept: 2016-09-28

North Dakota
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TG - In North Dakota I work in a field where we watch the legislative sessions with great interest as the results of their voting can have great influence on how we do business.

With the covid deal - this past legislative session (they meet like February thru April every other year) *ALL* of the committee sessions (numerous) and then the House and Senate sessions were webcast - if someone needed to testify they could either write a letter (we did numerous times), or join via webcast for 'live' testimony while in your office or wherever in the state.

It gave great insight into how things are done. Yet on the other had, it gave great insight on how things are done.... oy...

Now we had a great lesson on how sausage is made - what pops in the front end, generally is *TOTALLY* different coming out the back end. Even some things as simply as some word clarification in the North Dakota Century Code (laws of the state), turned into complete section additions, rewrites, etc that had *NOTHING* to do with the original intent.

The political theater was absolutely awe inspiring, people would read the original bill, then have arguments that completely different than what the bill said.... It's like comprehension went into the toilet. I could give many examples, yet throughout the session I became so I rate I damaged several computer screens (well, not really, but I wanted to punch people in the throat!).

*IF* your proposed Act would pass as written with minimal changes, great - yet in my experience watching these folks 'operate' - they just have to get in and change words and concepts *JUST* to change them...

truly amazing
Tickerguy
Posts: 176905
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@Rporth - Oh, I know..... I have plenty of experience in that area.

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Microbesrus
Posts: 25
Incept: 2021-08-27

Oklahoma
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I have lost all faith in correcting our current course with further legislation. I echo the sentiment that the rule of law is dead. Honestly if we agree that the system is broken, I cant sort out why we would use the same construct to create an opposition.

Desantis claims he will counter-fine companies. What does that mean? To me its an act of concession.

Furthermore are we to believe that the people who have designed the mandates havent thought all this through by 10-12 steps? I mean if we look at the scoreboard for covid thus far, I would say the government is half a hundred, citizens are exactly nil.

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-Bango Skank was here.
-What is a rebel? A man who says no.
-If you're going to try, go all the way.
Tickerguy
Posts: 176905
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@Microbesrus - The beauty of this sort of riposte is that it is entirely within the wheelhouse of the States to enact, the Feds can't do a ******ned thing about it and it protects the people who say "**** you!" to said mandate at the same time.

The firm involved CANNOT avoid the liability if they start firing people no matter by what method, which means they now have no choice but to take on the Federal Government and destroy this bull****. If they don't they are ruined either by the OSHA fines or the COTAX payouts, since every "employee" who gives them the finger puts a 75% tax on their replacement (who complies) while the original employee continues to get paid. It also stops the bull**** of differential treatment (e.g. "no paid leave unless you take the jab") as anyone subjected to THAT is deemed constructively dismissed.

To those who say "employers will move" no they won't, since you can't get goods and services into a place without having people on the ground at some level, and all of THEM are subject to it no matter where the employer is domiciled or what sort of employer they are including the Feral Government and military commands. You pay someone within the boundaries of the state for work performed in the state you're subject to it. Period.

This has been challenged before and is legal, thus various state and local jurisdiction employment-related taxes that are rather common.

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Whitehat
Posts: 5909
Incept: 2017-06-27

Elsewhere
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wow, this is one good idea.

Do you mean it as an emergency act during this crisis or could it be labeled as something that overrides any future crisis?

We also have to address what state and local authorities can and will be prohibited from doing like that hidden gem that DeSatan passed which is IMHO not highlighted enough to show him for a fraud.

Kind of shocked at Hawaii's position, otherwise full bore liberal during this whole thing. Wonder what interest they served with this position. Me thinks that the lib crowd in govt inc likes that the free market worker class gets pressured but they have an out in practicality. We just had here in NYC two major unions take a public stance with protest, teachers who actually marched and transit, the latter promising to walk off the job. See, they know that they are secure and will always win. This needs to be fixed long term.

Liberals like rules for thee, not for me.

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smiley

"Better to reign in Hell, than serve in Heaven," Satan's monologue in the first book of John Milton's Paradise Lost
Tickerguy
Posts: 176905
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This would be permanent.

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I don't give a flying **** if you're offended.
Abelardlindsey
Posts: 484
Incept: 2021-03-26

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Both the National Childhood Vaccine Injury Act of 1986 and PREP Act of 2005 need to be repealed and full liability placed on vaccine manufacturers. I think early next year, during or near the end of the expected ****-show this fall and winter, would be the best time to lobby congress on this.

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It's all in the mitochondria.
No liability, No mandates
Canadianna
Posts: 16
Incept: 2008-10-23

Cowtown AB
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This site has been a refuge for me during this whole debacle. THANK YOU ALL.

Sadly, I havent found an equivalent Canadian site that can help us North of the 49th parallel.

But there does seem to be some pushback finally.

https://www.eastonspectator.com/2021/09/....
Nma
Posts: 265
Incept: 2010-03-16

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Normally I would send this to my dad but pretty sure I've lost him to Covid. We had a long talk about how insane Biden et al are at this point, and I threw out a line about how I'll either be looking for a new job soon or will have to re-start my own firm. He was beyond incredulous...what a position to put my family in, statistically my risks from the vaccine are very low, etc. etc.

My turn to be incredulous. That we can be of the same mind on so many things but have him basically tell me to go along to get along was just mind-boggling...devastating. I'm no longer looking to convince anyone of anything. I just don't care what anyone else thinks and "no" is a complete sentence.
Clay3482
Posts: 1131
Incept: 2008-11-13

Alaska
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Sent to my 2 local State Representitives
Cheetah9
Posts: 297
Incept: 2021-02-15

Northern Alabama
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@Nma -- Our dads and our relationships to them are very similar. Same boat here. It is sad but I made my peace with the situation very early this year after my son and I were completely ambushed at xmas time. I'll never allow that to happen again and I am ready for whatever problems arise for him and my sisters and theirs. They made their choice and I made mine. End of story.

Hang in there!
Ndp
Posts: 18
Incept: 2021-04-21

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I sent this to my state's (Iowa) governor as well as a local talk show host who has numerous legislative contacts. Hopefully the latter will give this idea and KD some publicity on his show. It is probably too much to hope that anyone has the balls to propose and pass it.
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