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 San Andreas Constituion Article 388

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PostSubject: San Andreas Constituion Article 388   Fri Feb 19, 2016 9:28 pm

San Andreas State Constitution Article 388

Table of Contents


   PREAMBLE.

   ARTICLE 1. GOVERNMENTAL STRUCTURE
       SECTION I. STATE AGENCIES
       SECTION II. EXECUTIVE BRANCH
       SECTION III. LEGISLATIVE BRANCH
       SECTION IV. JUDICIAL BRANCH
       SECTION V. JURISDICTION

   ARTICLE 2. ELECTIONS
       SECTION I. ELECTED POSITIONS
       SECTION II. CALLING ELECTIONS
       SECTION III. ELECTION PROCESS
       SECTION IV. POLITICAL ORGANIZATIONS

   ARTICLE 3. SAN ANDREAS STATE CODE
       SECTION I. STATE PENAL CODE
       SECTION II. STATE AGENCY CODES
       SECTION III. ADDITIONAL STATE CODES

   ADDENDUMS
       ADDENDUM I. SAN ANDREAS PENAL CODE
       ADDENDUM II. JURISDICTIONS




Preamble
(Back to Table of Contents)


We The People of the State of San Andreas, in order to establish a faithful and consistent government, do ordain and establish this constitution.

This document serves as the governing documents of The State of San Andreas and all cities, counties and communities within it. Its purpose is to clearly outline the powers and authorities of all government agencies and factions, the rights and privileges of the people of San Andreas, the guidelines for public representation and process through which new laws, concepts and ideas can come into practice. The governing documents shall refer to all documents, codes, and legislation that make up the legal body of the State of San Andreas.


The Constitution can be referred to as:
Article 1, Section I, Subsection 1

or by the shortened format: (A1-S1-1)



Article 1. Governmental Structure
(Back to Table of Contents)


Section I. State Agencies↑

   The Government of San Andreas shall have the following State Agencies, responsible for various operations necessary for the well-being of the State:
       The City of Los Santos Government (CITY)
       The Los Santos Police Department (LSPD)
       The San Andreas Sheriff's Department (SASD)
       The Los Santos Fire Department (LSFD)
       The San Andreas Department of Corrections (SADOC or DOC)
       The San Andreas Department of Justice (SADOJ or DOJ)
   Each State Agency shall have complete autonomy of its personnel, facilities, jurisdictions, equipment and day-to-day operations.
   No State Agency and its members may arrest, issue orders, interfere with, object or deny the actions or activities of another State Agency and its on duty members unless ordered to do so by injunction from the San Andreas Superior Court or ordered to do so by a member of a State Agency's high command or leadership in an emergency situation.
   Disputes between State Agencies over policies, procedures or operations shall be handled either:
       Through mutual agreement, mediated by the State Legislature, a committee or a designate arbitrator.
       At the discretion of the Governor.
       Through the Superior Court of San Andreas, should all alternatives be exhausted or no other timely solution exists.
   State Agencies shall maintain internal affairs or human resources divisions responsible for handling complaints and reports about personnel activities. Disputes or disagreements over the conclusions of these reports shall be handled through the dispute process.
   State Agencies shall have regular, collective meetings with the Governor to discuss issues and goals.
   In a court of law, LSPD, SASD, DOJ District Attorney / Attorney General, and DOC State Agency staff testimonies shall carry the weight of full evidence, unless contradictory evidence is presented. ((Within the context and understanding that no State Agency staff can lie under the penalty of a server ban))

Section II. Executive Branch↑

   The Government of San Andreas shall have an Executive Branch made up of the Governor of San Andreas, the Lieutenant Governor of San Andreas, and their departments, responsible for long-term oversight of the State's well-being.
   The Governor shall have the power to veto any legislation within SEVEN (7) days of its passing the State Legislature.
   The Governor's department shall consist of a State Clerk's Office responsible for maintaining and running fair elections, serving as secretary to the State Legislature and serving as adviser to the Governor.
   The Governor, Lieutenant Governor or the Attorney General may issue a state of emergency at their discretion to:
       Mobilize the National Guard.
       Issue emergency funds.
       Control access of harbors, airports and highways.
       Temporarily manage State Agencies and their facilities.
   The Governor shall be able to veto appointments to State Agency Leadership, and remove current representatives at their discretion.

Section III. Legislative Branch↑

   The Government of San Andreas shall have a Legislative Branch composed of a State Legislature (also called a Council) and its committees, responsible for lawmaking and oversight of the State Agencies.
   The State Legislature shall be made up:
       Two representatives from every State Agency.
       One representative chosen from each State District ((Each remaining official faction))
       The Governor of San Andreas, or any person they so desire to hold the position, as the President of the Legislature.
       The State Clerk, who serves as an observer and parliamentarian.
       Up to two representatives chosen and maintained by the State Legislature Board. These representatives shall be considered for reappointment every four months.
       Up to two additional representatives at the discretion of the Governor and State Clerk. These representatives shall be considered for reappointment every four months.
   The representatives from each State Agency or State District are selected at the discretion of that agency or district, except for the Los Santos City Government, which must be represented by the Mayor and the Deputy Mayor.
   The State Legislature shall be chaired by the Mayor of Los Santos. The Chair of the State Legislature is responsible for calling a vote on legislation, helping ensuring active discussion, and ensuring the other legislators vote and are accounted for.
   In the absence of the Mayor, the State Legislature chair position shall be held by the Deputy Mayor or another representative mutually agreed upon by the State Legislature
   The State Legislature may propose and vote on any matters pertinent to its membership. It may also approve funds or actions for State Agencies to carry out. All legislators may present legislation for discussion at any stage of the legislative process. Clerks may also propose discussions and legislation, which must be sponsored by a legislator to be voted on.
   After at least FIVE (5) days of discussion a piece of legislation may be called for a vote at either the chair's discretion or the author's discretion.
   Voting takes place over at least THREE (3) days, during which legislators may vote yea, nay or abstain. The chair or the author may close voting at any point after THREE (3) days.
   All legislation must have a quorum of at least 75 percent of all legislators to be considered. Quorum is defined by the total number of votes cast, including yays, nays, and abstentions.
   Legislation shall pass if more than 60 percent (60%) of all votes cast are in favor of the legislation.
   Changes to the Constitution of San Andreas require at least TWO-THIRDS (2/3rds) agreement of all voting legislators.
   If legislation fails, it may be modified and brought back to a vote after TWO (2) weeks. Discussion may continue during that waiting period.
   Committees may be created within the State Legislature to allow non-voting discussions of issues that pertain to the State Legislature. Committees may be created by the Mayor or by a vote of the State Legislature.
   Committees report all findings and recommendations to the State Legislature, after which a vote can be made if requested.
   The following permanent committees shall exist within the State Legislature and cannot be dissolved:
       The Committee on State Codes for maintenance of the State Codes, including the Penal Code, chaired by the Chief Justice.
       The State Legislature Board to decide the selection process for the remaining legislators
   The State Legislature shall have the power to call articles of impeachment against the Mayor, Deputy Mayor, members of the State Legislature, Judges or the Chief Justice. At least TEN (10) legislators must consent to an impeachment for the process to begin:
       An impeachment follows the same procedure as typical legislation with a TWO THIRDS (2/3rds) majority to succeed in impeachment.
       The State Clerk shall have the authority to issue reprimands and propose censures for misconduct among state legislators. The State Clerk also reserves the right to remove legislators who perform misconduct with the consent of the Governor.
   Section IV. Judicial Branch↑
       The Government of San Andreas shall have a Judicial Branch composed of a State Supreme Court and State Superior Court responsible for the execution of just laws and legal arbitration
       The State Supreme Court and State Superior Court shall be presided by the Chief Justice of the State.
       The State Supreme Court shall be the law of the land and the final say on all legal matters.
       The State Supreme Court shall have the ability to ban any person from participating in the civil or criminal courts.
       The State Supreme Court is entitled to judicial review of all laws for constitutionality, both with respect to the State Constitution and the United States Constitution. Constitutionality is handled through lawsuits submitted to the State Supreme Court.
       All citizens are entitled to due process through the State Superior Court
       The personnel, facilities, equipment and day-to-day operations of the State Supreme Court and State Superior Court shall fall under the Department of Justice.
       The Chief Justice shall be appointed by the Governor and confirmed by the State Legislature.
       Judges shall be appointed either by the Chief Justice or by the Governor as necessary for the courts to operate efficiently.
       A penal code shall be maintained by the State that the Judicial Branch shall use as its guideline for crime and punishment.
       The Chief Justice shall serve as a non-voting member and adviser to the Committee on State Codes and may propose new drafts with the voting or non-voting consent of the Legislature.
       The State Superior and Supreme Court shall have the power to issue injunctions (supported by appropriate legal reasoning) on the actions of State Agencies and other private or public organizations to halt or require action.
       Further policies shall be outlined as part of the Department of Justice's jurisdiction
   Section V. Jurisdiction↑
       Each State Agency shall be responsible for a number of policies, procedures, areas of operation and other activities, collectively known as its jurisdictions.
       Jurisdictions not explicitly listed here can be settled through the dispute process or be under the authority of the State Legislature.
       The Jurisdictions Policy Document shall be available as ADDENDUM II: JURISDICTIONS and not fall directly within the State Constitution.
       Changes to the Jurisdictions Addendum shall be originated as legislation and be brought to a vote in the State Legislature, requiring a vote of sixty percent (60%) of all votes cast in favor to be enacted.
       The State shall have all medical services and offerings provided to the public at no direct cost or charge. The State shall be subsequently exempt from medical damages resulting from no-cost care.




Article 2. Elections
(Back to Table of Contents)


Section I. Elected Positions↑

   The State shall have a publicly elected individual who represents the collective population of the city of Los Santos and all surrounding populated yet unincorporated counties and communities, including (but not limited to) Los Santos County, Bone County, Red County, Bone County and Flint County.
   This individual shall be titled as "Mayor of Los Santos and its Associated Unincorporated Counties" but may be referred to as "Mayor of Los Santos" for short.
   All other citizens of the State who live in any remaining unincorporated or undeveloped communities shall also be represented by the Mayor of Los Santos at the State level.

Section II. Calling Elections↑

   The State Legislature shall be responsible for deciding when elections for mayor should begin.
   Once every TWO (2) months the State Legislature shall vote whether to go forward with an election process.
   Failure to hold a vote within the two month period shall automatically begin the election process.
   Should the Mayor resign, be removed from office or become permanently incapacitated, the State Legislature may either vote to authorize the Deputy Mayor for a TWO (2) month term or to begin the election process. After the two month term, the election process must begin.

Section III. Election Process↑

   The elections shall be maintained by the State Clerk's Office, which is responsible for ensuring a timely election and all supplementary guides, policies and rules for elections. This information shall be made publicly and easily available.
   The State Clerk's Office shall investigate any allegations of rule breaking by the candidates and have the power to disqualify candidates who violate policies set by the Clerk's Office.
   The mayoral candidates shall make public a manifesto or platform of their ideas and goals.
   At least FOURTEEN (14) days of campaigning shall take place during the election period.
   Campaigning ends when the first round of voting begins. No additional promotion or advertising may take place.
   Every State Citizen shall have the right to vote.
   Polling locations shall be widely available, accessible to the public and be kept safe & secure during voting.
   Voting shall take place in up to two rounds, with the first round consisting of all potential candidates, and the second round consisting of the two candidates with the most votes.
   The voting period shall be at least 48 hours (2 days) long.
   Voting shall end when a candidate has either 51 percent (51%) of all votes cast in the first round or has a plurality of votes cast in the second round.
   The winner of the election shall take office as Mayor of Los Santos SEVEN (7) days after the end of the election.

Section IV. Political Organizations↑

   Political organizations must have a published platform and a published membership roster and structure.
   The Mayor, Deputy Mayor and mayoral candidates may not hold executive or management positions within political organizations either while in office or during a campaign.
   A political organization may operate outside of the election period but may not campaign for a particular candidate
   State Agencies, businesses and political organizations may endorse candidates, but may not coerce or force members to vote for that candidate.
   Political organizations must be financially separate from mayoral campaigns and be able to prove financial separation.




Article 3. San Andreas State Code
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Section I. San Andreas Penal Code↑

   The State shall have a regularly maintained Penal Code that outlines all policies and procedures for crime and punishment, including:
       The definition of felonies, misdemeanors and citations.
       Appropriately determined punishment policies.
       Due process in the State of San Andreas.
   The State Penal Code shall be available as ADDENDUM I: THE STATE PENAL CODE and not fall directly within the State Constitution.
   Changes to the State Penal Code shall be originated in the Committee on State Codes and be brought to a vote in the State Legislature, requiring a vote of sixty percent (60%) of all votes cast in favor to be enacted.

Section III. State Agency Codes↑

   Certain State Agencies shall be given the responsibility to maintain State Codes.
   The Los Santos Fire Department shall be responsible for the San Andreas State Fire Code
   The San Andreas Department of Corrections shall be responsible for the San Andreas Criminal Rehabilitation Code
   The Los Santos Government shall be responsible for the San Andreas Business Code
   The State Clerk may make housekeeping and other such procedural or necessary changes to any State Codes or other governing documents. This includes any maintenance and changes necessary for the long-term viability of all governing documents with respect to the Rule of Law.
   The Governor may overrule any code changes or amendments to the governing documents at their discretion.
   All codes maintained by State Agencies may also be amended by the State Legislature, requiring a vote of sixty percent (60%) of all votes cast in favor to be enacted.

Section III. Additional State Codes↑

   The State Legislature shall have the authority to authorize the creation of additional state codes as a piece of legislation.





Addendums
(Back to Table of Contents)


Addendum I. San Andreas Penal Code↑

   Click Here for the San Andreas Penal Code

Addendum II. Jurisdictions↑

   The Jurisdictions of the Los Santos City Government shall be:
       Property management rights for City Hall, the Verona Mall and its adjacent parking area/sidewalks and the Nixon Estate
       The power to write contracts with the Mayor's signature, which may be reviewed and contested by the State Legislature.
       The power to appropriate funds within contracts with the consent of the State Legislature.
       The power to maintain departments of sanitation, public works, public relations and transportation.
       The power to issue fines, licenses and regulate: businesses, gaming, fishing, skilled trades.
   The Jurisdictions of the Los Santos Police Department shall be:
       Property management rights for the Pershing Square Headquarters and all other police stations.
       Primary law enforcement authority and operation within the City of Los Santos, except on interstates
       Issue search and arrest warrants at the rank of Captain or above, so long as records are maintained.
       Issue fines
       Arrest persons for any felonies or misdemeanors committed in the presence of a duly sworn Police Officer.
       The power to carry, maintain, and utilize firearms otherwise prohibited by the Penal Code.
       The power to issue and regulate firearms licenses.
       The power to revoke licenses.
       The power to close roads or restrict access to public facilities for health and safety reasons.
       To operate checkpoints for health and safety reasons.
       The power to issue guard cards and other legal protection licenses.
       To carry out paid duty services for private events and non-emergency services.
   The Jurisdictions of the San Andreas Sheriff's Department shall be:
       Property management rights for the Dillimore Headquarters, all other sheriff's offices and Flint County Impound lot.
       Primary law enforcement authority and operation outside the City of Los Santos and on interstates
       Issue search and arrest warrants at the rank of Captain or above, so long as records are maintained.
       Arrest persons for any felonies or misdemeanors committed in the presence of a duly sworn Sheriff's Deputy.
       The power to carry, maintain, and utilize firearms otherwise prohibited by the Penal Code.
       Issue fines
       The power to revoke licenses
       The power to close roads or restrict access to public facilities for health and safety reasons.
       To operate checkpoints for health and safety reasons.
   The Jurisdictions of the Los Santos Fire Department shall be:
       Property management rights for All Saints General Hospital, County General Hospital, and all other clinics, but may not deny anyone with medical needs.
       Property management rights for all fire houses and child protective service facilities in San Andreas.
       To provide firefighting and medical services at no charge to all residents and visitors of San Andreas.
       The power to regulate licensing for health services and training, including BLS, ILS and MD status for the state
       The power to regulate fire codes and inspect facilities for fire safety.
       The power to regulate morgues and mortuary services in San Andreas.
       The power to regulate health codes and inspect facilities for health safety.
       The power to issue health emergencies and establish triage facilities where necessary.
   The Jurisdictions of the San Andreas Department of Corrections shall be:
       Property management rights for the San Andreas Correctional Facility and property within 2000 foot radius of facility.
       Primary authority and operation within the San Andreas Correctional Facility.
       Authorize parole, manage and monitor parolees, and set parole policy.
       Investigate and search parolees without a prior warrant, so long as they are in a documented parole program.
       The power to carry, maintain, and utilize firearms otherwise prohibited by the Penal Code.
   The Jurisdictions of the San Andreas Department of Justice shall be:
       Property management rights for the State Courthouse and attorney's offices.
       Right to manage, maintain, and control all warrant policies and warrant authorization agreements with State Agencies, including surveillance warrants and other specialty warrants.
       The power for a Associate Justice or Chief Justice to issue an injunction with appropriate legal justification, including district or gang injunctions. This also includes injunctions and actions against State Agencies in a relevant court case.
       The power to issue BAR licenses and regulate attorney membership in the State
       Issue search and arrest warrants at the rank of Attorney General or above, so long as records are maintained.
       Operation of the State Attorney's Office and the position of Attorney General, Chief Law Enforcement Officer and Legal Investigator of the State of San Andreas.
       Representation of the State in lawsuits and legal actions ((The People vs...)) and representation of State Agencies at their request.
       Management of the Public Defenders Office or some other appropriate, legal bureau for pro bono legal access.
       Collection of appropriate court fees as determined by the Supreme Court.
       Serving the State Superior and Supreme Court with necessary equipment, vehicles and resources.
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