NE2: Mind-Altering Substance Accountability Act of 2012 [Failed]

[Ѕenator Αverroës]

Please note that I will be probably be absent from the forum tomorrow evening. Lt. Gov Pyrofox should call the vote at 5 p.m. or as soon thereafter as possible, and grant any requests for extensions that occur before debate has expired.

[shua]

2. If a person under the influence of mind-altering substances causes the death of another Atlasian, they are to be charged with Involuntary Manslaughter and sentenced according to standards set by the region in which the offense is committed.

it seems like there would be other possible charges here, depending on the circumstances.

[Ѕenator Αverroës]

As it turns out, I am here. The Assembly will now vote on the proposed legislation. Voting will last 72 hours or until all members have voted.

[Ѕenator Αverroës]

Nay

[LINCOLN REPUBLICAN]

Aye

[Comrade Shmoo]

Aye.

[Senator Napoleon]

This will be vetoed, of course.

[Simfan34]

Aye.

This will be vetoed, of course.

With luck, we can override it.

[Senator Napoleon]

And I would have a few tricks up my sleeve if you did.

[Governor Scott]

I'm not quite sure why police officers shouldn't be allowed to test for driving under the influence or why DUI laws are unnecessary.  If we witness someone doing acting in a way that would likely result in the harm of another person, is it not in our nature to prevent it?  Obviously driving itself is dangerous, but operating any kind of vehicle when your motor skills are impaired- which inevitably happens when a person takes mind-altering substances- only increases the risk.

[LINCOLN REPUBLICAN]

And I would have a few tricks up my sleeve if you did.

Governor, if this bill passes the Assembly, which it will, and if you veto it, which is your constitutional right, and if the Assembly upholds the veto, fine, the bill dies.

If, on the other hand, the Assembly overrides the veto, the bill passes.

That's the constitution, that's the way this works.  There are no other options.

If the Assembly overrides the veto, the will of the Assembly prevails. 

[Senator Napoleon]

Well, there are other options. I just do not think they will be necessary.

[LINCOLN REPUBLICAN]

Well, there are other options. I just do not think they will be necessary.

Please point out other options in the constitution that would thwart the ultimate will of the Assembly, in other words, the will of the elected representatives of the people of the Northeast.

[Senator Napoleon]

Well, there are other options. I just do not think they will be necessary.

Please point out other options in the constitution that would thwart the ultimate will of the Assembly, in other words, the will of the elected representatives of the people of the Northeast.

The text of this bill is entirely unworkable and will only cause complications for our legal system. If a veto is overridden then the people can petition a referendum. Additionally I could be forced to issue an executive order to stop law enforcement from enforcing this law consider how vague it is and the fact that it sets no standard for prosecution. Otherwise I think the accused would have grounds to sue the region for violating the bill of rights.

Now I support having safe roads but this bill is a judicial nightmare. It isn't specific about what is or is not a mind altering substance for the purposes of this bill and sets absolutely no guidelines for prosecution. We absolutely can not afford to have this law.

[LINCOLN REPUBLICAN]

But, the fact of the matter remains, if the veto is overriden, the bill then becomes law.  The Governor cannot prevent this if the veto is overriden.

Perhaps the people can petition a referendum, but the bill still stands until such time as a referendum is successful in overturning the law.  And there has to be standards in a citizen initiated referendum, i.e. certain numbers of citizens must petition the referendum in the first place, and then the referendum must pass.

And I am not sure under the constitution just what authority the constitution grants to the Governor for signing executive orders, and how far reaching executive orders are.  No Governor can just go ahead and sign any executive order he or she wants to because they like or don't like something.

[Ѕenator Αverroës]

It's a shame that we got so caught up in arguing over the fourth provision that we never discussed a less divisive point: This is not a well-written piece of legislation.

[Senator Napoleon]

But, the fact of the matter remains, if the veto is overriden, the bill then becomes law.  The Governor cannot prevent this if the veto is overriden.

Perhaps the people can petition a referendum, but the bill still stands until such time as a referendum is successful in overturning the law.  And there has to be standards in a citizen initiated referendum, i.e. certain numbers of citizens must petition the referendum in the first place, and then the referendum must pass.

And I am not sure under the constitution just what authority the constitution grants to the Governor for signing executive orders, and how far reaching executive orders are.  No Governor can just go ahead and sign any executive order he or she wants to because they like or don't like something.

I certainly don't think I can sign an executive order and simply do as I wish but as the executive, I am responsible for executing or overseeing the execution of the region's laws, and if a law such as this one were to pass my administration would be unable to enforce it for the reasons I outlined. It might be statute but there could be no enforcement. The bill will need rethought and improved.

[Simfan34]

I suppose it is too late to withdraw the bill?

[Ѕenator Αverroës]

You (and others) may change your votes, but the SOAP prohibits  tabling a bill after voting has begun.

[LINCOLN REPUBLICAN]

I am of the view that when a bill becomes law, it is in full force and effect, and the law must be upheld and enforced, otherwise, the law making system becomes useless and a sham.

The law is nullified only after being successfully repealed or otherwise overturned, and it is up to the government to ensure the enforcement of the law.

However, Governor, I do understand your concerns about this bill,  and I believe it would be in the best interests of all to re-work this bill to a more acceptable form.

So once the veto process is complete, and if the veto is upheld, then we should all go back and re-work this bill.

[Simfan34]

Then I change my vote to NAY.

I urge Reps. Winfield and Jones to do the same, so that we may return and clarify the text.

[Comrade Shmoo]

I hereby change my vote to 'Nay'.

Where's Pyro?

[Rep Pyrofox]

Nay

[LINCOLN REPUBLICAN]

Vote changed to

Nay

[Ѕenator Αverroës]

With 0 ayes and 5 nays, the bill fails.