[PASSED] The A-X’s Little Helper Act (Repair) Act

Started by Miestră Schivă, UrN, July 19, 2024, 09:25:39 PM

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Miestră Schivă, UrN

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.

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Miestră Schivă, UrN

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.

Vote THE FREE DEMOCRATS OF TALOSSA
¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
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Bråneu Excelsio

Distáin. Minister of Defence. Minister of STUFF. COFFEE founder.

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Sir Lüc

As with the other bill, I'd like to discharge the CRL from considering this bill as well.
Sir Lüc da Schir, UrB MC
Finance Minister / Ministreu dals Finançuns
Deputy Secretary of State / Distain Secretar d'Estat
Deputy Scribe of Abbavilla / Distain Grefieir d'Abbavillă
Directeur Sportif, Gordon Hiatus Support Team

Marcel Eðo Pairescu Tafial, UrGP

Editing posts is my thing. My bad.
Feel free to PM me if you have a Glheþ translation request!

Mic’haglh Autófil, SMC EiP

10 additional seats in support here as well.
Minister of Technology
The Long Fellow, Royal Talossan College of Arms
Specialist, Els Zuávs da l'Altahál Rexhitál
Zirecteir Naziunal, Parti da Reformaziun

þerxh Sant-Enogat

þerxh Sant-Enogat, SMC, MC
Sénéchal de Cézembre,
Túischac'h dal 60:éă Cosă,
Duceu pareßel dal Aliançù Progreßïu

Flip Molinar

O.Be.

Sir Lüc

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.)
Sir Lüc da Schir, UrB MC
Finance Minister / Ministreu dals Finançuns
Deputy Secretary of State / Distain Secretar d'Estat
Deputy Scribe of Abbavilla / Distain Grefieir d'Abbavillă
Directeur Sportif, Gordon Hiatus Support Team

Sir Lüc

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).
Sir Lüc da Schir, UrB MC
Finance Minister / Ministreu dals Finançuns
Deputy Secretary of State / Distain Secretar d'Estat
Deputy Scribe of Abbavilla / Distain Grefieir d'Abbavillă
Directeur Sportif, Gordon Hiatus Support Team

Bentxamì Puntmasleu

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.
Grefieir d'Abbavilla / Scribe of Abbavilla

Ministreu dels Afaes Útphätseschti / Minister of Foreign Affairs

Zirecteir dels Afaes Înphätseschti / Director of Home Affairs

Miestră Schivă, UrN

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

Vote THE FREE DEMOCRATS OF TALOSSA
¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"

Miestră Schivă, UrN


Vote THE FREE DEMOCRATS OF TALOSSA
¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"