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 Los Santos County Sheriff's Department (LSSD)
    • The Los Santos Fire Department (LSFD)
    • The San Andreas Department of Corrections & Rehabilitation (SADCR)
    • 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 LSSD sworn personnel, DOJ District Attorney / Deputy Attorney General / Attorney General, SADCR, 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 composed of the Governor of San Andreas, the Lieutenant Governor of San Andreas, the Secretary of State, the Attorney General, the Secretary of Health, the State Treasurer, the State Auditor and the Secretary of Education, responsible for long-term oversight of the State Government's well-being and relevant executive action.
  2. The executive branch shall consist of the Bureau of Elections which shall be responsible for the fair running and maintaining of all San Andreas State elections. The Secretary of State shall be responsible for the running of the Bureau of Elections.
  3. The Governor shall have property management rights for the Governors Estate and the surrounding area at Verdant Bluffs.
  4. The Governor shall have the power to veto any legislation within FOURTEEN (14) days of its passing the State Senate.
  5. The Governor and Lieutenant Governor shall have the power to award any citizen the 'Governor's Distinguished Service Medal', which may be displayed as a ribbon by members of government agencies.
  6. The Governor shall have the power to pardon, commute, and reduce criminal sentences at their discretion.
  7. The Governor shall have the power to issue Executive Orders.
  8. The Governor shall have the power to impose the Death Penalty.
  9. The Governor and Lieutenant Governor 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.
  11. The Governor shall be able to remove the Secretary of State, the Attorney General, the Secretary of Health, the State Treasurer, the State Auditor, the Secretary of Education and any State Senator from their position at their discretion. The Lieutenant Governor, with the consent of the Governor, may remove the Secretary of State, the Secretary of Health, the State Treasurer, the State Auditor, and the Secretary of Education
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:
    • 7 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 Speaker shall serve as a leader and parliamentarian.
  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 discussions, ensuring the other legislators votes and are accounted for, and tallying votes.
  4. In the absence of the Speaker of the Senate, the position shall be fulfilled by the President 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. After at least FOUR (4) days of discussion a piece of legislation may be called for a vote at the discretion of the Speaker of the Senate or by the President of the Senate.
  7. Voting takes place over at least THREE (3) days, during which legislators may vote yea, nay or abstain. The Speaker of the Senate may close voting at any time after THREE (3) days have passed.
  8. 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.
  9. Legislation shall pass if more than 60 percent (60%) of all votes cast are in favor of the legislation.
  10. Changes to the Constitution of San Andreas require at least TWO-THIRDS (2/3rds) agreement of all voting Senators.
  11. If legislation fails, it may be modified and brought back to a vote after TWO (2) weeks. Discussion may continue during that waiting period.
  12. Committees may be created within the State Senate to allow discussions of issues that pertain to the issue at hand.
  13. Committees may be created by the President of the Senate.
  14. 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.
  15. Committees shall report all findings and decisions to the Senate, regardless of if a proposed piece of legislation was approved or rejected.
  16. 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.
    • The committee on Public Safety and State Security with a representative from the Los Santos Police Department, the Los Santos County 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.
  17. The State Senate shall have the power to call articles of impeachment against the members of the State Senate or the Chief Justice. At least FIVE (5) 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 Speaker of the Senate shall have the authority to issue reprimands and propose censures for misconduct among State Senators.
    • The Speaker of the Senate shall have, in cases of egregious violations of decorum, or in cases of criminal misconduct, the ability to make a recommendation of removal to the President of the Senate.
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 Chief Justice presides over the State Supreme Court and may appoint Justices to preside over the State Court of Appeals and State Superior Court.
  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 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.
  5. All citizens are entitled to due process through the State Superior Court
  6. The Chief Justice shall be appointed by the Governor and confirmed by the State Senate.
  7. Judges shall be appointed either by the Chief Justice or by the Governor as necessary for the courts to operate efficiently.
  8. A penal code shall be maintained by the State that the Judicial Branch shall use as its guideline for crime and punishment.
  9. 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.
  10. 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 emergency medical services provided prior to hospital admission, including ambulance services, provided to the public at no direct cost or charge. The State shall be subsequently exempt from medical damages resulting from no-cost care. The State shall have all other medical services and offerings provided to the public at the discretion of the Department of Health and Social Services.


Article 2. Elections
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Section I. Elected Positions
  1. The Governor and Lieutenant Governor shall be elected positions. (( The Governor shall be appointed in co-ordination with Management. Lieutenant Governor may face an actual election at Server Management's discretion. Both should be role-played as "elected positions" to make sense from an in-character perspective regardless. ))
  2. Senators of the State of San Andreas Senate shall be elected positions.
  3. Candidates running for an elected position shall be United States citizens and residents of the State of San Andreas.
Section II. Calling Elections
  1. Elections for the position of Senator shall begin every six (4) months, unless otherwise ordered by the Governor of San Andreas.
  2. Should the Lieutenant Governor or any Senator resign, be removed from office or become permanently incapacitated, the Governor shall have the power to appoint another person to fill the vacancy until another election takes place.
Section III. Election Process
  1. Elections shall be maintained by the Bureau of Elections, 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 Bureau of Elections shall investigate any allegations of rule breaking by the candidates and have the power to disqualify candidates who violate policies set by the Bureau of Elections.
  3. 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. Polling locations shall be widely available, accessible to the public and be kept safe & secure during voting.
  7. Voting shall take place in however many rounds is stipulated by the Bureau of Elections and shall be at least 72 hours (3 days) long.
  8. The winner of the Election shall assume office after the elections have ended and when formally sworn in by either the Governor, Lieutenant Governor, or Speaker of the Senate.
Section IV. Political Parties
  1. Political parties must be registered with the Bureau of Elections in order to be recognized during the Elections.
  2. Political parties may fund the campaign of a candidate but must maintain all records.
  3. Political parties are ought to provide their runners with an official letter of endorsement, which is to be sent to the Bureau of Elections upon the runner's request to run for the Election.


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 & Rehabilitation shall be responsible for the San Andreas Criminal Rehabilitation Code
  4. The State Government shall be responsible for the San Andreas Licensing Code.
  5. The Governor may overrule any code changes or amendments to the governing documents at their discretion.
  6. 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 all hospitals, medical centers, clinics, or other healthcare institutions, that are not privately owned, in the State of San Andreas. This includes, but is not limited to;
      • All Saints General Hospital,
      • County General Hospital,
      • Crippen Memorial Hospital,
      • Fort Carson Medical Center.
    • Property management rights for City Hall, the Capitol Building, the Verona Mall and its adjacent parking area/sidewalks, the Nixon Estate and the Governor's Estate.
    • Property management rights for all energy resource sites, quarries and oil fields, which are not privately owned.
    • 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 the Office of Press Secretary, the State Department, the Department of Health, the Office of the State Auditor, the Treasury Department and the Department of Education.
    • The power to manage other departments/bureaus/agencies that are within the jurisdiction.
    • The power to issue fines, licenses and regulate businesses.
    • The power to impound vehicles violating (11)04. Parking Violation.
    • The Office of Press Secretary shall be led by the Press Secretary and report to the (Lieutenant) Governor.
    • The State Department shall be led by the Secretary of State and report to the (Lieutenant) Governor.
    • The Department of Health shall be led by the Secretary of Health and report to the (Lieutenant) Governor and shall have:
      • The power to regulate, issue, and create medical licenses for practice in the State of 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 Office of the State Auditor shall be led by the State Auditor and report to the (Lieutenant) Governor.
    • The Treasury Department shall be led by the State Treasurer and report to the (Lieutenant) Governor.
    • The Department of Education shall be led by the Secretary of Education and report to the (Lieutenant) Governor.
    • The (Lieutenant) Governor may permit the establishment of an investigatory committee with the power to subpoena and have access to records not normally accessible to the public to report on issues and make recommendations to the Governor's Office.
  2. The Jurisdictions of the Los Santos Police Department shall be:
    • Is a Law Enforcement Agency employing Peace Officers in accordance with Penal Code Title 14.
    • 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 Los Santos Police Department shall be:
    • Is a Law Enforcement Agency employing Peace Officers in accordance with Penal Code Title 14.
    • 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.
  4. The Jurisdictions of the Los Santos County Sheriff's Department shall be:
    • Is a Law Enforcement Agency employing Peace Officers in accordance with Penal Code Title 14.
    • 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.
  5. The Jurisdictions of the Los Santos Fire Department shall be:
    • Property management rights for all Fire Houses, Fire Stations, and fire prevention, detection or firefighting facilities in San Andreas.
    • To provide firefighting & medical services at no charge to all residents & visitors of San Andreas, and may not deny any person this service.
    • The power to regulate Fire Codes, and inspect buildings for fire safety within the State of San Andreas.
  6. The Jurisdictions of the San Andreas Department of Corrections & Rehabilitation shall be:
    • Is a Law Enforcement Agency employing Peace Officers in accordance with Penal Code Title 14.
    • 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.
  7. 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 District 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 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.
  8. The Jurisdictions of the Courts of San Andreas shall be:
    • Property management rights for the State Courthouse.
    • 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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