The San Andreas State Constitution

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The San Andreas State Constitution

Post by San Andreas State Clerk » Thu Oct 02, 2014 7:38 pm



Preamble
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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.

((This document outlines the broad policies and ideas that govern the legal factions, the government and legal RP for LS:RP. Other active legislation shall be kept in the "Laws and Acts of San Andreas" forum section.))


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
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Section I. State Agencies
  1. The Government of San Andreas shall have the following State Agencies, responsible for various operations necessary for the well-being of the State:
    • The State of San Andreas Government (STATE or GOV)
    • 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)
    • The San Andreas Courts (JUSTICE)
  2. Each State Agency shall have complete autonomy of its personnel, facilities, jurisdictions, equipment and day-to-day operations.
  3. 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.
  4. Disputes between State Agencies over policies, procedures or operations shall be handled either:
    • Through mutual agreement, mediated by the State Senate, 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.
  5. 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.
  6. State Agencies shall have regular, collective meetings with the Lieutenant Governor and/or Governor to discuss issues and goals.
  7. In a court of law, LSPD and SASD sworn personnel, DOJ District Attorney / Deputy Attorney General / Attorney General, DOC, Judge, and Executive Branch 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
  1. 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 and relevant executive action.
  2. The Governor shall have property management rights for the Governors Estate and the surrounding green space at Verdant Bluffs.
  3. The Governor and Lieutenant Governor shall have the power to veto any legislation within SEVEN (7) days of its passing the State Senate.
  4. The Governor and Lieutenant Governor shall have the power to award any citizen the 'Governors Distinguished Service Medal', which may be displayed as a ribbon by members of the Public Service(s).
  5. The Governor shall have the power to pardon, commute, and reduce criminal sentences at their discretion.
  6. The Governor shall have the power to issue Executive Orders.
  7. The Governor shall have the power to impose the Death Penalty.
  8. The Governor's department shall consist of a State Clerk's Office responsible for maintaining and running fair elections, and serving as adviser to the Governor, as well as a 'Office of the Chief Clerk of the Senate', reasonable for serving as secretary and moderator to the State Senate
  9. The Governor, Lieutenant Governor and 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, roadways and public facilities.
    • Temporarily manage State Agencies and their facilities. (( w/ HoF/Management ))
  10. The Governor shall be able to veto appointments to State Agency Leadership, and remove any employee of any State Agency, including the executives of these agencies from their positions at their discretion. (( w/ HoF/Management ))
  11. The Governor shall be able to remove any State Senator from their position, at their discretion.
Section III. Legislative Branch
  1. The Government of San Andreas shall have a Legislative Branch composed of a State Senate (also called a 'Legislature') and its committees, responsible for lawmaking and oversight of the State Agencies.
  2. The State Senate shall be made up:
    • 11 Senator's from individual districts across the State of San Andreas.
    • The Governor of San Andreas, or any person they so desire to hold the position, as the President of the Senate.
    • A 'Speaker of the Senate', who shall be elected to the position by a TWO THIRDS (2/3rds) vote at 4 month intervals.
    • The Chief Clerk of the Senate, appointed by the President of the Senate, who serves as a leader and parliamentarian.
    • The Clerk(s) of the Senate, who serve as secretary to the body, and tally votes.
    • The Senate Majority and Minority leaders, as well as Majority and Minority Whips, who represent the SADP and SAGOP, depending on which party has a majority of seats.
  3. The State Senate shall be chaired by the Speaker of the Senate. The Speaker of the Senate is responsible for calling a vote on legislation, helping ensuring active discussion, and ensuring the other legislators vote and are accounted for.
  4. In the absence of the Speaker of the Senate, the position shall be fulfilled by the President Pro Tempore of the Senate.
  5. The State Senate 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 Senators 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.
  6. When a piece of legislation is proposed, it must first be approved by the relevant committee by simple majority vote before being brought to the floor.
  7. After at least FIVE (5) days of discussion a piece of legislation may be called for a vote at the discretion of the Speaker of the Senate, or President Pro Tempore in the absence of the speaker, or by the President of the Senate.
  8. Voting takes place over at least THREE (3) days, during which legislators may vote yea, nay or abstain. The Chief Clerk of the Senate may close voting at any time after THREE (3) days have passed.
  9. All legislation, with the exception of agency appointments, 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.
  10. Legislation shall pass if more than 60 percent (60%) of all votes cast are in favor of the legislation.
  11. Changes to the Constitution of San Andreas and changes to the Penal Code require at least TWO-THIRDS (2/3rds) agreement of all voting Senators.
  12. If legislation fails, it may be modified and brought back to a vote after TWO (2) weeks. Discussion may continue during that waiting period.
  13. Committees may be created within the State Senate to allow discussions of issues that pertain to the issue at hand.
  14. Committees may be created by the President Pro Tempore of the Senate, or by the President of the Senate.
  15. Committees shall be tasked with approving or rejecting legislation related to the purview of that specific committee prior to it being brought to the floor.
  16. Committees report all findings and decisions to the Speaker of the Senate, regardless of if a proposed piece of legislation was approved or rejected.
  17. The following permanent committees shall exist within the State Senate and cannot be dissolved:
    • The Committee on Appropriations and Budgeting, tasked with making decisions on all proposals that relate to taxation, finances, or spending, chaired by the President Pro Tempore of the Senate.
    • The Committee on Public Agencies, chaired by the President of the Legislature, and the President Pro Tempore.
    • The committee on Public Safety and State Security with a representative from the Los Santos Police Department, the San Andreas Sheriffs Department, the Department of Justice, the Los Santos Fire Department, and a representative from the State of San Andreas Government sitting as a member.
    • The Committee on Judiciary, Rules and Ethics with a representative from the Courts of San Andreas sitting as a member.
  18. The State Senate shall have the power to call articles of impeachment against the Lieutenant Governor, members of the State Senate or the Chief Justice. At least SEVEN (7) 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 President of the Senate shall have the authority to issue reprimands, censure members, remove members from chambers, and strip members of their position at his or her discretion.
    • The Chief Clerk of the Senate shall have the authority to issue reprimands and propose censures for misconduct among state legislators.
    • The Chief Clerk of the Senate shall have, in cases of egregious violations of decorum, and in cases of criminal misconduct, the ability to make a recommendation of removal to the State Clerk.
    • The State Clerk shall have the authority to remove legislators who perform misconduct, with the consent of the President.
Section IV. Judicial Branch
  1. The Government of San Andreas shall have a Judicial Branch composed of a State Supreme Court, a State Court of Appeals, and State Superior Court responsible for the execution of just laws and legal arbitration.
  2. The State Supreme Court, State Court of Appeals, and State Superior Court shall be presided by the Chief Justice of the State, who may at their discretion delegate the title to a Justice of the State of San Andreas.
  3. The State Supreme Court shall be the law of the land and the final say on all legal matters.
  4. The State Supreme Court shall have the ability to ban any person from participating in the civil or criminal courts.
  5. 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.
  6. All citizens are entitled to due process through the State Superior Court
  7. The Chief Justice shall be appointed by the Governor and confirmed by the State Senate.
  8. Judges shall be appointed either by the Chief Justice or by the Governor as necessary for the courts to operate efficiently.
  9. A penal code shall be maintained by the State that the Judicial Branch shall use as its guideline for crime and punishment.
  10. 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 Senate.
  11. The Judicial Branch 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.
Section V. Jurisdiction
  1. Each State Agency shall be responsible for a number of policies, procedures, areas of operation and other activities, collectively known as its jurisdictions.
  2. Jurisdictions not explicitly listed here can be settled through the dispute process or be under the authority of the State Senate.
  3. The Jurisdictions Policy Document shall be available as ADDENDUM II: JURISDICTIONS and not fall directly within the State Constitution.
  4. Changes to the Jurisdictions Addendum shall be originated as legislation and be brought to a vote in the State Senate, requiring a vote of TWO THIRDS (2/3rds) of all votes cast in favor to be enacted.
  5. 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
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Section I. Elected Positions
  1. 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.
  2. 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.
  3. 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
  1. The State Clerk of San Andreas shall be responsible for determining when Mayoral Elections occur.
  2. Once every FOUR (4) months the election process will begin automatically, unless the State Clerk takes action.
  3. Should the Mayor resign, be removed from office or become permanently incapacitated, the State Clerk 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
  1. 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.
  2. 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.
  3. The mayoral candidates shall make public a manifesto or platform of their ideas and goals.
  4. At least FOURTEEN (14) days of campaigning shall take place during the election period.
  5. Campaigning ends when the first round of voting begins. No additional promotion or advertising may take place.
  6. Every State Citizen shall have the right to vote.
  7. Polling locations shall be widely available, accessible to the public and be kept safe & secure during voting.
  8. 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.
  9. The voting period shall be at least 48 hours (2 days) long.
  10. 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.
  11. The winner of the election shall take office as Mayor of Los Santos WITHIN SEVEN (7) days after the end of the election.
Section IV. Political Organizations
  1. Political organizations must have a published platform and a published membership roster and structure.
  2. The Mayor, Deputy Mayor and mayoral candidates may not serve as Chair, Deputy Chair, Majority Leader or Minority leader.
  3. A political organization may operate outside of the election period but may not campaign for a particular candidate.
  4. State Agencies, businesses and political organizations may endorse candidates, but may not coerce or force members to vote for that candidate.
  5. 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
  1. 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.
  2. The State Penal Code shall be available as ADDENDUM I: THE STATE PENAL CODE and not fall directly within the State Constitution.
  3. 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
  1. Certain State Agencies shall be given the responsibility to maintain State Codes.
  2. The Los Santos Fire Department shall be responsible for the San Andreas State Fire Code
  3. The San Andreas Department of Corrections shall be responsible for the San Andreas Criminal Rehabilitation Code
  4. The Los Santos Government shall be responsible for the San Andreas Licensing Code.
  5. The State Clerk and Chief Clerk of the Senate 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.
  6. The Governor may overrule any code changes or amendments to the governing documents at their discretion.
  7. 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
  1. The State Legislature shall have the authority to authorize the creation of additional state codes as a piece of legislation.


Addendums
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Addendum I. San Andreas Penal Code
  1. Click Here for the San Andreas Penal Code
Addendum II. Jurisdictions
  1. The Jurisdictions of the State Government of San Andreas 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 Lieutenant Governor'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 power to impound vehicles violating (11)04. Parking Violation.
  2. 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 warrants at the rank of Captain or above and issue arrest warrants at the rank of Sergeant or above, so long as records are maintained. Internal rules may dictate a higher rank requirement at the discretion of the agency.
    • Issue fines.
    • The power to impound vehicles violating (11)04. Parking Violation, or vehicles creating an obstruction or hazard.
    • Arrest persons for felonies or misdemeanors.
    • 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.
  3. 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 warrants at the rank of Captain or above and issue arrest warrants at the rank of Sergeant or above, so long as records are maintained. Internal rules may dictate a higher rank requirement at the discretion of the agency.
    • Arrest persons for felonies or misdemeanors.
    • The power to carry, maintain, and utilize firearms otherwise prohibited by the Penal Code.
    • Issue fines.
    • The power to impound vehicles violating (11)04. Parking Violation, or vehicles creating an obstruction or hazard.
    • The power to deputize any individual as a 'Public Impounder', and empower them to impound vehicles violating (11)04. Parking Violation.
    • 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.
    • To carry out paid duty services for private events and non-emergency services.
  4. The Jurisdictions of the Los Santos Fire Department shall be:
    • Property management rights for All Saints General Hospital, County General Hospital, and all other LSFD owned or managed 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, MD and Psy.D 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.
  5. 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.
    • Conduct arrests of parolees and issue arrest warrants for violations of the parole program.
    • The power to carry, maintain, and utilize firearms otherwise prohibited by the Penal Code.
  6. The Jurisdictions of the San Andreas Department of Justice shall be:
    • 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.
  7. The Jurisdictions of the Courts of San Andreas 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 and revoke BAR licenses and regulate attorney membership in the State.
    • Collection of appropriate court fees as determined by the Supreme Court.

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