[023-18] The Silva Act of 2018

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[023-18] The Silva Act of 2018

Post by Flemwad » Mon Aug 06, 2018 6:26 am

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The Silva Act of 2018

Author: Nina Silva, Audrey Silva
Sponsor(s): Megan Granville
Introduced on: 23/04/2018
ACT NO. [ASSIGNED BY CLERK]
An act to establish the Trade Commission of San Andreas, subsidiary to the Federal Trade Commission and furthermore, to establish antitrust regulations and enjoining monopolies and ensuring a free market.

THE PEOPLE OF THE STATE OF SAN ANDREAS
DO ORDAIN AS FOLLOWS:

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Section 1. DEFINITIONS
  1. "Organization" shall refer to an organized group of people with a particular purpose of providing a trade or métier, but not excluding government entities—State Agencies as defined by Article one, Governmental Structure, Section I of the San Andreas State Constitution.
  2. "Service" shall refer to any, remunerated or not, labor, skilled profession, remedial treatment, certain counselling provided to another entity or person by an organization or business
  3. "Trade" shall refer to a business or profession carried out by one or more person(s) or an organization for either pecuniary gain or a voluntarily government-provided service.
  4. "Commerce" shall refer to the exchange of goods, products, or any type of personal property for pecuniary gain.
  5. "Trust" shall refer to a combination of skills or acts carried out by one or more persons for purposes of creating or carrying out restrictions in trade or commerce, to limit or reduce the production, or increase the price of merchandise or of any commodity, to prevent competition, bar entry under the masquerade or cognition of federal or state law.
  6. "Barrier to entry" shall refer to the existence of obstacles that prevent new competitors from easily entering an industry or area of practice; such obstacles could be under the cognition of federal or state law.
  7. "Business, Professions and Economic Development committee" shall refer to a permanent committee under the San Andreas Senate which holds jurisdiction over business and professional practices and regulations and bills; its primary authority is to ensure a free market and the ability of free practice in the state of San Andreas.
  8. "San Andreas Trade Commission" shall refer to a permanent standing San Andreas Senate subcommittee of Business, Professions and Economic Development which ensures the stipulations of this act (Silva Act of 2018) are followed.
Section 2. ESTABLISHMENT OF THE BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT COMMITTEE & THE SAN ANDREAS TRADE COMMISSION
  1. The Business, Professions and Economic Development committee shall be established under the San Andreas State Senate as a permanent committee with the purpose of ensuring a free market in the State of San Andreas; and further ensuring free practice of professions.
  2. The Business, Professions and Economic Development committee herein, BPED, shall make reasonable efforts to investigate claims of anti-competitive allegations from other organizations and if allegations are founded true, the organization shall be issued a cease and desist order with the full binding authority of the law.
  3. Such a cease and desist order shall be referred to as a "Senatorial Cease and Desist Order" with the intent to order an organization or person to cease engaging in a particular outlined activity with the full binding authority of the law.
  4. A Senatorial Cease and Desist Order shall only be issued with the signature of the BPED chairman and co-signature of three approving sitting members.
  5. Conditions of a Senatorial Cease and Desist Order shall be the following:
    1. Probable Cause that an activity oppugnant to any provisions of this act is occurring
    2. Reasonable attempts to inform an organization to amend and cease activity have been made
    3. Such reasonable attempts have failed
    4. Three sitting members and the BPED chairman approve of the issuance of the Senatorial Cease and Desist Order
  6. If an organization is in violation and fails to abide by a Senatorial Cease and Desist Order, they shall be charged with (4)24. Contempt of Senate by the chairman of the BPED with approval of three sitting members.
  7. Under the BPED, the San Andreas Trade Commission (herein, SATC) shall be created as a subcommittee with the jurisdiction of ensuring provisions of this act are followed.
  8. The SATC shall make reasonable efforts to liaise with their parent committee, BPED, to ensure a healthy free market and that professional practices do not have a barrier imposed by law.
  9. Both the SATC and BPED shall have a non-voting member from every State Agency defined in the San Andreas State Constitution; a member shall be picked regardless by the leadership without conditions set on length of service, rank, department prestige.
Section 3. GENERAL PROVISIONS
  1. An organization shall not attempt to monopolize a trade or practice through intentionally creating a barrier to entry or a trust as defined in Section One.
  2. An organization may be exempt from stipulations of this act under Section Four.
  3. An organization may not, under the authority of law (safe for this legislation), hinder a profession to be exercised unless such profession is prescribed to be a government service as defined in Section Four.
  4. As such, professional practices (lecturing, practice of law, practice of internal medicine, specialized practice of medical science, airlines aviator, medical counselling, accounting, banking, but not limited to) shall not be a public sector or otherwise limited to government agencies.
  5. A person may only practice above professions if requirements of education and being licensed are satisfied, otherwise, a person may not under any circumstances practice the professions.
  6. A person may not be denied a license to practice such professions unless the following is in order:
    1. The person or organization's English skills are inadequate
    2. The person does not hold an education in the specified sector
    3. The person or organization does not meet the minimum age requirement
    4. The person or organization fails an exam set by the license issuing agency
    5. The person or organization has a questionable background in the sector
  7. The SATC shall be an appellate medium if a person or organization believes that they have been wrongfully disallowed to practice a profession, however, the SATC shall not determine exams, but merely the scrutiny of denial reasons.
  8. The SATC furthermore shall not involve itself in suspension of practice licenses unless the following condition(s) are met:
    1. The suspension of a practice license is indefinite or more than two (2) months
    2. The reason is in direct violation of a section of this act
    3. The reason is in violation of a Senatorial Cease and Desist Order.
  9. Organizations may not attempt to establish or settle the price of any article, commodity or transportation between them or themselves and others, so as to indirectly preclude a free and unrestricted competition among themselves.
Section 4. EXEMPT STIPULATIONS
  1. Any provisions under this section shall make other preceding sections void, if stated so explicitly.
  2. The following services shall be exempt from the previous provisions; police services, firefighting services, issuance of firearms licenses, issuance of licenses to operate commercially by the State Government — Bureau of Licensing, Judiciary, DMV operations.
  3. Issuance of licenses to practice law shall be handled by the San Andreas Bar Association and they shall be exempt from reasonably attempting to avoid monopolizing the practice.
  4. All other practices may only be carried out if all educational and licenses requirements are met.
  5. The BPED with liaison of the SATC may exempt a certain service at their discretion to avoid irregularities in the state's free market.
Addendum 1. PURPOSE
  1. The purpose of this act is to ensure a free market without the hindering of practices being only in the public sector and certain commerce only limited to a single organization under the guise of law.
  2. A free market's definition shall be determined by the BPED/SATC or otherwise the Courts of San Andreas.
Addendum 2. CLARIFICATION
  1. For clarity on situation where the stipulations do apply, the SATC shall be contacted to investigate and determine the solution of said situation.
  2. Otherwise, the Courts of San Andreas may interept the act under lawful jurisdiction.


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    ______________________
    Carl Duncan
    Lieutenant Governor of San Andreas

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