53RZ22

From TalossaWiki
Jump to: navigation, search

RZ22 - The Ain't it Fun Ac
Primary Sources: see Acts of the 53rd Cosa

This law is currently
IN FORCE

, or This amendment
is PENDING ratification. , or This bill FAILED to pass. , or This law has an
EPHEMERAL STATUS

For more, see Category:Chancery_templates

IT HAS BEEN AMENDED BY:
link to amending laws

It amends the following:
Lex

Ziu 53rd Clark 4th (August 2019)
Sponsored by: Ian Plätschisch - (Senator, MM) & Lüc da Schir - (Senator, BE)

Cosa.png Cosa: PASSED in the Cosâ
PER 136 — CON 48 — AUS 0

Senats.png Senäts: PASSED in the Senäts
PER 7 — CON 1 — AUS 0

Digest of Laws

View Clark Results


RZ22 - The Ain't it Fun Ac

WHEREAS The King is giving Organic reform a hard time because the accompanying changes to el Lexhatx haven't been proposed yet, and


WHEREAS He is right that they will have to be made eventually, and

WHEREAS If not now, then when, and

WHEREAS Writing this won't be very fun but at least it shouldn't be too controversial, and

WHEREAS I'm glad I found another Paramore song to name this bill after


THEREFORE contingent on the approval of the Still Into This Amendment by the people in a referendum, the following changes are made to el Lexhatx:

B.2.3 is amended to read: The ballot must also include, for each party contesting the election, a 50-word (or less) statement of the general aims and views of the party, and a list of citizens to whom the party intends to award Cosa seats. If a party does not submit a candidate list to the Secretary of State before the election, the party leader is assigned all seats won, and seats which cannot be held by the Party Leader are forfeited.


B.15 is added, which reads: In the event of a single seat being divided among two or more parties mathematically, the party with the highest number of total votes will be used, and in case of a tie, percentile dice will be used to determine a single owner for the divided seat, with chances proportional to the percentage of the vote received.


E.5.1 is added, which reads: Any person, whose citizenship is denied, may reapply by undergoing the entire procedure (minus any successfully completed portions) following the next general election.


E.10, which is currently blank, is amended to read: If the Uppermost Cort shall at any subsequent time find any fraud or dishonesty in a Citizen's original application for citizenship, including his statements to the Cort or to Cosâ members, it may impose the penalty of expulsion from Talossa. The King may commute such a sentence.


E.13 is amended to read: 13. Any minor child or ward of a Talossan citizen shall be made a citizen on simple application of the Talossan parent or guardian. Such application shall be made to the Secretary of State and shall affirm that any non-Talossan parent or legal guardian of the minor child (according to and under any jurisdiction of the world) accedes to said citizenship. The said minor child shall be made a citizen of the province to which the parent making the described application clings. Said child shall be forever entitled to be known as a Dandelion, and specifically as a Broad-Leaf Dandelion, and shall on reaching the age of 14 years become a voting citizen according to the terms of Article X, Section 3 of the Organic Law. (52RZ3)

13.1 Registration of a Dandelion or Broad-Leaf Dandelion, as per Article X, Section 3 of the Organic Law, shall consist of writing a "What Talossa Means to Me" Essay.

13.2 Any citizen who reaches the age of 14 and fails to register and vote shall fall under the provisions of Article X, Section 3 of the Organic Law; but his or her failure to register will not otherwise be taken as a renunciation of citizenship. (51RZ1)

13.3 Explicit renunciation of Talossan citizenship made by a parent or legal guardian on behalf of a citizen not yet 14 years old shall be considered as the renunciation of the young citizen himself; but no such renunciation will be recognized that is not made explicitly and publicly and in the name of the young citizen. (35RZ4)


E.15 is added, which reads: 15. A Writ of Termination of Citizenship, as described in Article X, Section 4 of the Organic Law, shall be published under the seal of the Chancery.

15.1 A Citizen who has voluntarily renounced his citizenship (in any fashion) may go through the normal citizenship procedure to have his citizenship restored. This procedure may also be skipped and full citizenship restored by an act of the Ziu, if it deems that the applicant merits extraordinary consideration. The Ziu may also, by statute, establish expedited procedures to reinstate former citizens deemed to have renounced their citizenship under Article X, Section 4.


F.7.1 is added, which reads: The green of the Talossan flag stands for the Monarchy and its magnanimity; the red for the people and their tenacity. The flag is to be flown inverted during times of declared war.


A new F.4 is added, which reads: The National Anthem of Talossa is "Chirluschâ àl Glheþ." Its English translation, "Stand Tall, Talossans," shall have equal legal status. Words and music shall be determined by law. The patriotic songs "Tusk" by Fleetwood Mac and "Ein Feierlichgesang"/"Dallas Pätsilor" by John A. Jahn are also patriotic songs. The Government shall take steps to promote, celebrate, and preserve Talossa's indigenous musical heritage.

The other sections of Title F are renumbered accordingly.

G.1.7 is added, which reads: G.1.7 The courts shall consent to hear no case until presented with written evidence by the Prosecution proving to a majority of court members that a reasonable chance of obtaining a conviction actually exists. The courts, by majority vote, may refuse to hear any case, in effect confirming the defendant's (or status quo) position. The Uppermost Cort must supply any plaintiff whose case it refuses to hear a written justification of such refusal.


G.4 is amended to read: 4. It shall be understood that any provincial court decision may be appealed at the National level before the lowest inferior court and that any decision by this court may be appealed to the Uppermost Cort. No Cunstaval shall proclaim any new provincial constitution that fails to provide a right to appeal decisions of the provincial court or courts (if any) to the Cort pü Înalt or such other national courts as may be created by the Ziu. National courts shall not interpret or rule on matters of provincial law unless the province has no system of courts, has not proclaimed a constitution or has standing law that matters of provincial law be handled through National Courts. Rather, the decisions of these courts will ensure no provincial court decision runs contrary to the Organic or Statutory Laws of the Kingdom, and that the rights of all involves parties, as guaranteed by the Rights and Covenants of the Organic Law, are protected.


G.7.1 is amended to read: Justices (or Judges) may be compelled to retire through organic removal from office through an act of the Ziu in accordance with Article VIII, Section 1 of the Organic Law. In accordance with that Section, the inactivity of a Justice is defined as the failure of that Justice to act, rule, or appear in an open case the Justice is assigned to or participating in for more than 60 days, as certified by the Ziu in a majority vote.


G.8 is amended to read: Every judge who makes a decision shall inform the people why they voted "yes," "no," or "abstain." This declaration must be published in the next Clark. Cort decisions (and dissents) will be written up in the Clark if the authors want them to, with due regard to brevity.


G.13 is added, which reads: 13. Any justice may serve as a trial judge in any case brought before the judiciary. Appeals to any trial judge rulings shall be heard by a quorum of three Justices. The original trial judge may serve on the appeals panel if no other justice is available to fill a quorum.

13.1 A single Justice of the Uppermost Cort may hear an on his own if this is acceptable to at least two other members of the Cort. He shall be appointed to do so by majority vote of the entire five-person Cort. If, after every reasonable attempt is made to contact all other members of the Cort, and three weeks (21 days) has passed since initial contact without any response, their silence shall be read as consent that an individual Justice may hear the case in question on his own. The duly nominated (either by active agreement or silence) Justice shall render a decision on the case as if he were a majority of the whole Cort. His decision becomes that of the Cort itself and may not be appealed nor shall it establish binding precedent in future cases.

13.2 Whether or not a Judge or Justice authored a law in question in a case shall have no bearing on his ability to rule on that case.


G.14 is added, which reads: A Cort may issue injunctions prior to or as part of its ruling on a case. These injunctions may order a party to perform his legal duty, or may prevent the enforcement of a law which may be Inorganic (unconstitutional). Violation of an injunction is treated as contempt of court.


G.15 is added, which reads: 15. Evey person appointed a justice shall publically make to the Citizens of Talossa and subscribe to the following declaration:

"I, [NAME], do solemnly, sincerely and truly affirm and declare that I will duly, faithfully and to the best of my knowledge and ability execute the office of [Justice of El Cort pü Inalt] without fear or favour, affection or ill will towards any man, woman or child and that I will uphold the Organic Law and the laws of the Kingdom of Talossa. This I do solemnly affirm." (c) The declaration in subsection (b) shall be made and subscribed by every justice before entering upon his duties as such justice, and in any case not later than ten days after the date of his appointment. Any justice who declines or neglects to make such declaration as aforesaid, within this timeframe, shall be deemed to have resigned his office.

15.1 The Justice which has served on the Cort pü Inalt for the longest overall period of time is designated ceremonially as "Senior Justice."


H.1.2 is added, which reads: The Seneschál shall be sworn in by reciting the historic Oath of Office in the Talossan language, if possible in the presence of a copy of the historic book, The Loom of Language. He shall raise his right hand and take the Oath verbally in the presence of the King or a member of the Uppermost Cort, either in person or over the phone. In place of reciting the entire Oath he may simply affirm by the word 'üc' his intention to abide by its terms. The historic Oath of Office is as follows:

"Eu afirm, solenâmînt, që eu, [nôminâ], cün fidálità, rompliarhéu l'ôifisch da Sieu Maxhestà së Seneschál del Regipäts Talossán, és zefençarhéu, àl miglhôr da v'aválità, la sigürità del Estat Talossán. Så viva el Regeu!" (Translation: I do solemnly affirm that I, [name], will faithfully execute the office of His Majesty's First Minister of the Kingdom of Talossa, and will to the best of my ability defend the integrity of the Talossan State. Long live the King!)


H.4 is amended to read: On each Clark, the Vote of Confidence shall read as follows: "Do you wish the current Government to continue in its term of office?"


A new H.11.2 is added, which reads: does not specify exactly the Law(s) or Article(s) which it seeks to amend, change, or repeal, if the bill seeks to amend, change, or repeal any Article of the Organic Law or any Law

The other subsections of H.11 are renumbered accordingly.

H.23 is added, which reads: 23. After the close of Ziu business, the Secretary will make known to the press as soon as possible the results of the votes.

23.1 PDs shall be published at the earliest possible opportunity in the next Clark


A new H.2 is added, which reads: 2. The Cosa may hold living Cosas during subsequent Clarks by a vote of the Cosa naming the specific month in which the event is to take place. The exact date and location of the Living Cosâ shall be set by the Seneschál after consultation with all relevant parties. All members must receive two weeks notice of the date of the Living Cosâ. The Seneschál may, if events warrant, issue a PD authorizing a Living Cosâ in the following calendar month. Such a PD may be vetoed (in addition to normal means) by a formal protest to the Secretary of State by Members of the Cosâ comprising one-third or greater the number of elected seats in the Cosâ.

2.1 Members who cannot attend will not be denied the right to vote on that month's Clark. They may send their votes to the Secretary of State by any means feasible, so that they can be announced at the Living Cosâ. A member may, in writing, delegate his authority to vote (temporarily transfer his seats) to another person who can attend the Living Cosâ, but no individual may hold more than thirty seats, counting both proxy and permanently assigned seats, for purposes of the Living Cosâ. The Ziu may provide by law for quorum requirements, and for attendance via telephone, videoconference, or other remote means.

2.2 Votes presented to the Secretary of State after the Living Cosâ will not be counted in the final tally. The final tally of votes on all bills is taken at the end of the Living Cosâ.

2.3 New bills, or amendments, may not be presented at the Living Cosâ. No bill not published in the Clark may be debated. Clarks will be published on schedule as usual.

2.4 Senators shall be permitted to participate in Living Cosâ debates on the same terms as MCs, but may not delegate or exercise proxy votes.

The other sections of Title H are renumbered accordingly.

K.1 is amended to read: The metropolitan territory of Talossa is subdivided into Cantons (els Cantons) and Provinces. Cantons are defined according to historical borders, but Provinces may, subject to approval by the Ziu, alter these borders, including to create new Cantons. Provinces may also establish such internal subdivisions as they find necessary or convenient for local government. The Canton is the smallest possible territorial subdivision which can be transferred from one Provincial jurisdiction to another. Pursuant to Article IX of the Organic Law, the following are the current Cantons of the Kingdom of Talossa, with their names in the national language followed by English variants (if any):


K.1.5 is amended to read: Zone Autorisée de Cézembre and Zone Interdite de Cézembre, separated by the so-called Line of Death as surveyed on 2 July 1986 and as depicted on page 27 of National Atlas of the Kingdom of Talossa by R. Ben Madison, 1994


L.5.1 is added, which reads: The Coat of Arms of Talossa shall exist in two forms: the Lesser State Arms and the Greater State Arms. The Lesser State Arms is thus blazoned: "Argent the Chinese Character 'Ben' meaning energetic Sable. Surrounding the Escutcheon an Annulet Azure fimbriated Or bearing the words 'Regipäts Talossán Kingdom * 26.12.1979 *' Or. For the Crest a Royal Crown Proper." The Greater State Arms consists of the Lesser State Arms with the following supporters and base: "Two Talossan Squirrels Proper standing upon a Ribbon Argent fimbriated at the chief Vert and at the base Gules bearing the motto 'Miehen Huone on Hänen Valtakuntasna'". Either form of the Coat of Arms of Talossa may be used for official and patriotic purposes."


L.6 is added, which reads: "The historic and official title of the King of Talossa is: "__________ (name), by the Grace of God, King of Talossa and of all its Realms and Regions, King of Cézembre, Sovereign Lord and Protector of Pengöpäts and the New Falklands, Defender of the Faith, Leader of the Armed Forces, Viceroy of Hoxha and Vicar of Atatürk.


L.7 is added, which reads: Among the first acts of his reign the King shall name a Privy Council (Sabôr, in Talossan) consisting of several Privy Councillors (called Guaïrs in Talossan) with whom he shall consult whenever possible on all matters of grave importance to the Kingdom, and whose duty shall be to offer the King the benefit of their individual and collective wisdom and advice. The King shall take care to include in this council those citizens with the longest and deepest connections to the ongoing historical life of the Kingdom, in particular those who are personally familiar with the homeland itself. Should at any time they deem it wise or necessary to do so, Privy Councillors .acting alone or in concert with fellow councillors . may publicly issue a "Letter to the King" about any matter of grave importance to the Kingdom. The Privy Councillors shall serve at the pleasure of the King. Privy Councillors shall be entitled to add the honorific initials "GST" to their signatures, for "Guaïr del Sabôr Talossán.


L.8 is added, which reads: The King shall deliver a Speech from the Throne every year on Independence Day.


L.9 is added, which reads: The King shall never be allowed to enter the Senäts, unless he is cited to testify in a Senate commission.


L.10 is added, which reads: The Heir to the Throne shall be styled Prince (or, if female, Princess) of Prospect.


L.11 is added, which reads The present Royal Family is styled El Ca Lupul (The House and Dynasty of Lupul)


FURTHERMORE The following changes are made to el Lexhatx to fix references to the Organic Law:

B.7.2 is amended to read: In any case where the authorized agents of a party or its leadership are a matter of dispute in a manner affecting party registration or the filling of empty seats in the Cosa, and the Secretary of State is unable to determine that any of the disputing claimants to a party has a best right to name such, each disputant shall have the opportunity to register under a party name that differentiates it from the other disputants. In such a case as to leadership, the original party shall be considered to not have a functional leader

B.9 is amended to read: The Secretary of State, or his appointed agent, shall charge a registration fee of 6¤40 (six louise and forty bence, equivalent to $10 USD) to each political party in forthcoming elections. Any Party or Parties which fail or refuse to pay the fee shall be deemed not registered.

B.12 is amended to read: In accordance with Article V, Section 6 of the Organic Law, the fixed order for the election of Senators to the Senate shall be described as follows:

B.13.9 is amended to read: 13.9. The procedures set forth within this section shall not apply to referenda elections called by a Seneschal pursuant to Article VII, Section 13, unless otherwise directed by the Ziu prior to an election being called.

D.2.3 is amended to read: The Interior Minister (or, during times of war, the War Minister), who shall manage Defence and Immigration and head the following Bureaus. The Minister may appoint Deputy Ministers to be in charge of each Bureau, and the Civil Service Commission may appoint Permanent Secretaries to each Bureau, to work under the direction of the Minister and any Deputy Ministries. The Interior Minister shall also be the liaison between the Kingdom Government and the provincial governments.

D.8.2.1.1 is amended to read: 8.2.1.1. Records that are of a personal nature where the disclosure of such records would clearly infringe a citizen's individual privacy in accordance with the Sixth Covenant of Article XI (Covenant of Rights and Freedoms) of the 1997 Organic Law of the Kingdom of Talossa. This also includes private medical, counseling, or psychological records.

F.4.3.13 is amended to read: 4.3.13. 10 December. Human Rights Day. A suggested method to celebrate Human Rights Day is reviewing Article XI of The Organic Law and/or the Universal Declaration of Human Rights.

G.11.2 is amended to read: 11.2. The National Bar of Talossa shall possess the sole authority to admit new individuals to practice law in the Courts of Talossa established under Article VIII of the Organic Law.


The Name of Title L, which is currently "Laws Supplementing Article III of the Organic Law," is amended to "Laws Supplementing Article II of the Organic Law

L.4.3 is amended to read: 4.3. Persons appointed to vacated Senatorial seats shall be subject to the terms of Article III, Section 2 of the Organic Law and to any and all other statutory and Organic provisions respecting the exercise of the rights and privileges of the office of Senator, notwithstanding any contrary eligibility and standing held by the appointed Regent

Uréu q'estadra så:

   Ian Plätschisch - (Senator, MM)
Lüc da Schir - (Senator, BE)