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El Ziu/The Ziu => El Funal/The Hopper => El Müstair del Funal/The Hopper Archive => Topic started by: Miestră Schivă, UrN-GC on July 19, 2024, 09:25:39 PM

Title: [PASSED] The A-X’s Little Helper Act (Repair) Act
Post by: Miestră Schivă, UrN-GC on July 19, 2024, 09:25:39 PM
Whereas, under current statute both the Mençéi and Túischac'h can appoint temporary replacements, and

Whereas, under current statute this option is not yet available to the Avocat-Xheneral, and

Whereas, recent circumstances have highlighted the need for the Avocat-Xheneral to have this option as well, and

Whereas, this bill was passed by the previous Cosa, but with reference to the wrong part of El Lexhatxh

Therefore, be it enacted by the Ziu of the Kingdom of Talossa, that El Lexhatx Title H 2.1.5.3.1. which currently reads as:

Quote2.1.5.3.1. The Mençéi and the Túischac'h may at any time appoint and dismiss one Senator and one Membreu dal Cosă, respectively, to serve as a member of the CRL in their place.

is amended, to read as follows:

Quote2.1.5.3.1. The Mençéi, Túischac'h, and Avocat-Xheneral may at any time appoint and dismiss one Senator or one Membreu dal Cosă, to serve as a member of the CRL in their place.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Breneir Tzaracomprada on July 19, 2024, 09:28:52 PM
Thank you Madam Seneschal
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Miestră Schivă, UrN-GC on July 19, 2024, 09:29:09 PM
As a simple re-presentation of a bill which has already passed, but didn't take effect due to a drafting error, it seems a waste of time to take this to the CRL.

Under El Lexhatx H.2.1.3, it can bypass the CRL process if 134 Cosa seats and 4 Senators express their support for doing so here.

I and my 16 Cosa seats support doing this.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Bråneu Excelsio, UrN on July 20, 2024, 04:12:22 AM
And my 20.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Breneir Tzaracomprada on July 20, 2024, 11:02:30 AM
And 20 from Open
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Sir Lüc on July 21, 2024, 04:43:04 PM
As with the other bill, I'd like to discharge the CRL from considering this bill as well.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Marcel Eðo Pairescu Tafial, UrGP on July 21, 2024, 05:39:03 PM
Add my 16 seats as well.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Mic’haglh Autófil, O.Be on July 21, 2024, 11:01:44 PM
10 additional seats in support here as well.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: þerxh Sant-Enogat on July 21, 2024, 11:49:58 PM
And my 5 votes
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Flip Molinar on July 21, 2024, 11:57:47 PM
And my 5 votes as well.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Sir Lüc on July 22, 2024, 09:01:05 AM
I was doing some unrelated research and stumbled upon stuff that is relevant to this matter. Lex.C.1.3.1. says:

QuoteThe Scribe of Abbavilla shall maintain all laws in L'Anuntzia dels Legeux, insofar as possible, with the same content that was approved by the Ziu, except that amending acts that refer to section numbers in pre-existing statutes that were changed by the Scribery shall be construed as referring to the equivalent section numbers in the amended statutes as originally enacted.

This bit confused me a lot and I couldn't quite figure out what it meant or where it applied. Maybe it could mean the Scribery could fix a bill that refers to outdated section numbers? - but then it says "changed by the Scribery", which doesn't seem to mean "scribed" on first glance.

Turns out that language originates from 45RZ25, which took away the Scribery's ability to do clerical maintenance of statutory law with this motivation:

Quote[...] certain laws on the books purport to give individual unelected officials the authority to change duly-enacted statutes, [...] limited to such edits as do not affect the "scope" or "intent" of the statutes, but such determinations are subjective and may be abused,[...]

Therefore that bit of C.1.3.1 presumably only applies to cases in which the Scribery has altered section numbers in existing legislation of its own volition - except that's not a power the Scribery has anymore, since it was taken away by that same 45RZ25; the only thing the Scribery can do at the moment is altering bills that are currently on the Clark, by the provisions of C.1.3.3-5.

(But then, why did that clause in C.1.3.1 exist at all? My theory is that since this is a November 2013 law, it was before the Database was brought back online and the Wiki-hosted Lexhatx became a centralised code; maybe being certain you had the most up to date version of a piece of statutory law, net any Scribery changes, was a legitimate issue. So it was only really effective in the incredibly tiny timespan before DB and Lexh came around a few months later.)
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Sir Lüc on July 22, 2024, 09:07:35 AM
TLDR:

1) The original bill is unscribable because it specifically directs the Scribe to amend a section that doesn't exist (I think the "insofar as possible" clause in C.1.3.1 covers the Scribery's ass here);

2) The original bill cannot be fixed on the fly because neither the Scribery nor anyone else can amend existing legislation without passing other legislation anymore;

3) The C.1.3.1 caveat I brought up is moot and should probably be removed or fully restored (aka allowing the Scribery to interpret references to renumbered statute).
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Bentxamì Puntmasleu on July 22, 2024, 02:55:08 PM
Quote from: Miestră Schivă, UrN on July 19, 2024, 09:29:09 PMAs a simple re-presentation of a bill which has already passed, but didn't take effect due to a drafting error, it seems a waste of time to take this to the CRL.

Under El Lexhatx H.2.1.3, it can bypass the CRL process if 134 Cosa seats and 4 Senators express their support for doing so here.

I and my 16 Cosa seats support doing this.

I add my 16 Cosa seats in support of this bill bypassing the CRL process.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Miestră Schivă, UrN-GC on July 22, 2024, 04:57:17 PM
Quote from: Sir Lüc on July 22, 2024, 09:07:35 AM3) The C.1.3.1 caveat I brought up is moot and should probably be removed or fully restored (aka allowing the Scribery to interpret references to renumbered statute).

I encourage you to write legislation to do so
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Miestră Schivă, UrN-GC on July 22, 2024, 04:58:16 PM
We now have 124 Cosă seats and 1 Senator.

Paging everyone who hasn't expressed a view yet:
@Antaglha Xhenerös Somelieir
@Munditenens Tresplet
@Dame Litz Cjantscheir, UrN
@Muhammed Yasir
@xpb
@Baron Alexandreu Davinescu
@GV
@Ian Plätschisch
@mpf
@Þon Txoteu É. Davinescu, O.SPM
@Iason Taiwos
@Glüc da Dhi S.H.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Glüc on July 22, 2024, 05:42:33 PM
Sure I support bypassing CRL
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Munditenens Tresplet on July 22, 2024, 07:26:46 PM
I support CRL bypass.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Miestră Schivă, UrN-GC on July 22, 2024, 07:43:05 PM
With @Munditenens Tresplet's votes we are now over the threshold of 134 Cosa seats.

We still need two Senators to endorse this.

Paging: @GV @Ian Plätschisch @Iason Taiwos @mpf @Þon Txoteu É. Davinescu, O.SPM @mximo
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: GV on July 22, 2024, 10:20:31 PM
I add my vote to bypass the CRL process.

GV, Senator, Fiova
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: xpb on July 22, 2024, 11:03:48 PM
I add my 5 votes to bypass the CRL process.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Dame Litz Cjantscheir, UrN on July 23, 2024, 08:42:25 AM
I'd like to add my support also to the CRL bypass.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Iason Taiwos on July 23, 2024, 04:55:28 PM
I vote to bypass the CRL process.
Taiwos, Senator for Benito
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: Miestră Schivă, UrN-GC on July 23, 2024, 05:27:51 PM
169 Cosa seats and 4 Senators have voted to allow this bill to be Clarked without need of the CRL process, as provided by El Lexhatx H.2.1.3, and I would like the SoS @Sir Txec dal Nordselvă, UrB to confirm that this is the case.
Title: Re: The A-X’s Little Helper Act (Repair) Act
Post by: King Txec on July 23, 2024, 09:42:59 PM
Quote from: Miestră Schivă, UrN on July 23, 2024, 05:27:51 PM169 Cosa seats and 4 Senators have voted to allow this bill to be Clarked without need of the CRL process, as provided by El Lexhatx H.2.1.3, and I would like the SoS @Sir Txec dal Nordselvă, UrB to confirm that this is the case.

That does appear to be the case.