Bill Name: Puerto Rico Statehood Act
Bill Description: Puerto Rico Statehood Act

Section 1 - Admission of state

AN ACT
To provide for the admission of the State of Puerto Rico into the Union
Be it enacted by the SS Senate and SS House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of this act, and upon issuance of the proclamation required by section 7 b of this Act, the State of Puerto Rico is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever; it has submitted the constitution to the people for adoption or rejection; to prepare for the admission of Puerto Rico as a State; to make an appropriation; has been approved and adopted by a vote of the people of Puerto Rico, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.


Section 2 - Territory

The State of Puerto Rico shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Commonwealth of Puerto Rico.


Section 3 - Constitution

The constitution of the State of Puerto Rico shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence


Section 4 - Compact with United States

As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other property, (including fishing rights), the right or title to which may be held by any natives or is held by the United States in trust for said natives; that all such lands or other property, belonging to the United States or which may belong to said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act: And provided further, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as here in above set forth, may belong to said natives, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation.


Section 5 - Title to property

The State of Puerto Rico and its political subdivisions, respectively, shall have and retain title to all property, real and personal, title to which is in the Commonwealth of Puerto Rico or any of the subdivisions. Except as provided in section 6 hereof, the United States shall retain title to all property, real and personal, to which it has title, including public lands.


Section 6 - Presidential certification

Upon enactment of this Act, it shall be the duty of the President of the United States, not later than April 30, 2006 (or as passage permits), to certify such fact to the Governor of Puerto Rico. Thereupon the Governor, on or after April 30, 2006, and not later than May 1, 2006 (or as passage permits), shall issue his proclamation for the elections, as hereinafter provided, for officers of all elective offices and in the manner provided for by the constitution of the proposed State of Alaska, but the officers so elected shall in any event include two Senators and one Representative in Congress.


Section 7 - Election, certification, proclamation, laws in effect

(a) The proclamation of the Governor of Puerto Rico required by Section 6 shall provide for holding of a primary election and a general election on dates to be fixed by the Governor of Puerto Rico: Provided, That the general election shall not be held later than May 7, 2006 (or as passage permits), and at such elections the officers required to be elected as provided in Section 6 shall be, and officers for other elective offices provided for in the constitution of the proposed State of Puerto Rico may be, chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Puerto Rico for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Puerto Rico may prescribe. The Governor of Puerto Rico shall certify the results of said elections to the President of the United States.
Until the said State is so admitted into the Union, all of the officers of said Commonwealth, including the Delegate in Congress from said Commonwealth, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Puerto Rico into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in or under or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.

(b) Upon admission of the State of Puerto Rico into the Union as herein provided, all of the Territorial laws then in force in the Territory of Alaska shall be and continue in full force and effect throughout said State except as modified or changed by this Act, or by the constitution of the State, or as thereafter modified or changed by the legislature of the State. All of the laws of the United States shall have the same force and effect within said State as elsewhere within the United States. As used in this paragraph, the term "Territorial laws" includes (in addition to laws enacted by the Commonwealth Legislature of Puerto Rico) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Puerto Rico prior to the admission of the State of Puerto Rico into the Union, and the term "laws of the United States" includes all laws or parts thereof enacted by the Congress that

(1) apply to or within Puerto Rico at the time of the admission of the State of Puerto Rico into the Union,
(2) are not "Territorial laws" as defined in this paragraph, and
(3) are not in conflict with any other provisions of this Act.


Section 8 - House of representatives membership

The State of Puerto Rico upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13) nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., section 2a), for this Congress and each congress thereafter


Section 9 - Continuation of suits

No writ, action, indictment, cause, or proceeding pending in the District Court for the Commonwealth of Puerto Rico on the date when said Commonwealth shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Commonwealth of Puerto Rico at the time said Commonwealth shall become a State, shall abate by the admission of the State of Puerto Rico into the Union, but the same shall be transferred and proceeded with as hereinafter provided. All civil causes of action and all criminal offences which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Puerto Rico in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offences; and such of said criminal offences as shall have been committed against the laws of the Commonwealth shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Puerto Rico.


Section 10 - Appeals

All appeals taken from the District Court for the Commonwealth of Puerto Rico to the Supreme Court of the United States or the United States Court of Appeals for the First Circuit, previous to the admission of Puerto Rico as a State, shall be prosecuted to final determination as though this act had not been passed. All cases in which final judgement has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the First Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said district, as the case may require: Provided, That the time allowed by existing law for appeals from the district court for said Territory shall not be enlarged thereby.


Section 11 - Federal reserve system

The first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) is amended by striking out the last sentence thereof and inserting in lieu of such sentence the following: "When the State of Puerto Rico is hereafter admitted to the Union the Federal Reserve districts shall be readjusted by the Board of Governors of the Federal Reserve System in such manner as to include such State. Every national bank in any State shall, upon commencing business or within ninety days after admission into the Union of the State in which it is located, become a member bank of the Federal Reserve System by subscribing and paying for stock in the Federal Reserve bank of its district in accordance with the provisions of this Act and shall thereupon be an insured bank under the Federal Deposit Insurance Act, and failure to do so shall subject such bank to the penalty provided by the sixth paragraph of this section."


Section 12 - United States nationality

Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, nor restore nationality heretofore lost under any law of the United States or under any treaty to which the United States may have been a party.


Section 13 - Transportation by water

Nothing contained in this or any other Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Puerto Rico and other ports in the United States, its Territories or possessions, or as conferring upon the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.


Section 14 - Separability

If any provision of this Act or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby.


Section 15 - General repeal

All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Commonwealth or by Congress, are hereby repealed.


(This Bill is an adaptation of one passed prior to the reset, originally submitted by Senator Gipper Junior, ND and based largely off the Alaska statehood act.)

Sponsor: Senator Elvish Magi (D-FL)

Co-Sponsors:
Sen. Senator Elvish Magi (D-NY)
Rep. Elvish Magi CO (D-CO)
Rep. Elvish Magi MS (D-MS)
Rep. Elvish Magi OK (D-OK)
Rep. Bernard O'Higgins (D-MI)
Rep. Martin Dies (D-TX)
Sen. Frank Rizzo (D-PA)
Rep. Nursie(D-TN)
Rep. Lord Blackadder(D-CO
Rep. Kneight Bauer, III (D-WA)
Rep. Nemesis Enforcer (D-TX)
Bill Author: Elvish Magi (D-FL)
Aye: 46
Nay: 42
Present: 0

Senators voting Aye:
Addison McConnell (R-AK)
hefman08 (D-AZ)
Beth Ariane (D-AR)
Mike Huckabee (R-AR)
Eduardo Ramirez (D-CA)
paragon12321 (D-CT)
NebulaState (D-CT)
Elvish Magi (D-FL)
Christopher Richards (D-FL)
JoCaVa4 (D-GA)
Alice Paul (D-HI)
bigonesen5 (D-HI)
James Gunn (D-ID)
Bobby Kennedy (D-IL)
paragon12322 (D-IL)
GodHatesHuskies.com (D-IA)
Krispy (D-MD)
Ben Cardin (D-MD)
Bigonesen4 (D-MA)
Mike Bond MI (D-MI)
Quien es (D-MS)
dj brown jr (D-MO)
Sod-Off Baldrick (D-MT)
NebulaWorld (D-MT)
elpmet (D-NE)
UsamaBinForgotted (D-NV)
Jed Bartlet (D-NH)
Mike Bond NJ (D-NJ)
Ed Diaz (D-NJ)
BillRichardson (D-NM)
Senator Elvish Magi (D-NY)
James B. Weaver (D-NY)
Stetson Kennedy (D-NC)
Stryker (D-OH)
Pedophile Eleden (D-OH)
Elos (D-OR)
John Winters (D-PA)
Frank Rizzo (D-PA)
Tony Benn (D-RI)
Degree1 (D-RI)
Robert Ingersol (D-SC)
Eleden, Texas Rapist (D-TX)
Progressivevoice (D-VT)
Harry Byrd (D-VA)

Senators voting Nay:
Jeremiah Denton (R-AL)
Scott (R-AL)
Matthew Faustini A1 (R-AK)
Wyatt Earp (D-AZ)
Dr. Frank Drake (D-CA)
valiant2 (D-CO)
Senator Joshua Miller (D-CO)
Matthew Faustini ID2 (R-ID)
Danforth Quayle (R-IN)
Alex (R-KS)
Chuckles (R-KS)
FVPIX (R-KY)
Zap Rowsdower. (R-KY)
Drew Brees (R-LA)
M. Broussard (R-LA)
Michael Schroeder (D-MA)
Jujubee (R-MI)
Michael Jay (D-MN)
Michael Jay 2 (D-MN)
Angela Merkel (R-MS)
Mitchell Miller (D-NV)
Jason Bowen III (L-NM)
Thor 2 (L-NC)
Thor (L-ND)
Sen Andrew Min OK (R-OK)
Golgamesh Clarktown (R-OK)
Chas Wyden (D-OR)
stockguy3 (D-SC)
Mr. Free XI (L-SD)
StinkyBoy (R-SD)
Crimson Volunteer (D-TN)
FVPXXIV (R-TN)
dziggetai (R-TX)
Sen Andrew Min Ar (R-UT)
Juin (R-UT)
southergentleman (R-VA)
stockguy2 (D-WV)
Ann Baker (R-WV)
Mr. Free Jr. (L-WI)
Helper Seat (R-WI)
Sox Marshal (R-WY)
The Tick (R-WY)

Senators answering "Present":

Senators not voting yet:
Jeremiah Jay (D-DE)
Jack A. Jay (D-DE)
Reaper (D-GA)
It'sbucket (R-IN)
Len Jorring (D-IA)
Sparks (D-ME)
Adam King (D-ME)
Mason of the Big Canoe (D-MO)
DeRoyalgop (R-NE)
James Radonis (D-NH)
larryreturns (R-ND)
Progressivevoice jr. (D-VT)
David Miller (D-WA)
Ken Kennedy Kennedy (D-WA)