Cabinet Emergency Powers Amendment (C.E.P.A.) (R)


IN THE SENATE OF THE STATE OF FIRESTONE

March 30, 2022

Mr. Clonemep (for himself, Ms. Automationeer, Mr. DiazEdmundo, Mr. iiVortex_RBLX, Mr. Jacobbron, Mr. AlexTheAviatorRBLX and Mr. DonxId) introduced the following amendment:


A CONSTITUTIONAL AMENDMENT

To implement emergency powers in relation to the Governor’s inability to discharge the duties of the office.


         Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,

SECTION 1. SHORT TITLE

    This Amendment may be cited as the “Cabinet Emergency Powers Amendment” or “C.E.P.A.” for short.


SEC 2. ENACTMENT

    This Legislation shall go into effect upon the completion of the constitutionally required processes.


SEC 3. SEVERABILITY

    Should any part of this Legislation be struck down and/or declared unenforceable, then that part shall be severed with the rest remaining in full force and effect unless all is struck down and/or declared unenforceable.


SEC 4. AMENDMENTS

    (a) Article II, Section V of the State of Firestone Constitution shall be amended.

         (i) Article II, Section V of the State of Firestone Constitution currently states: "

I. In the event that the office of the Governor is vacant and the Lieutenant Governor is unable to succeed to the office of the Governor, then the line of succession of individuals to the office of the Governor shall consist of the Speaker of the House, the President pro tempore of the Senate, and then any other individuals as prescribed by law.

II. When a period of two weeks has elapsed and the Governor has been continuously absent from office or unable to discharge the duties and powers of their office as a result of mental or physical incapacity, the office shall be deemed vacant. The process of determining absence and incapacity shall be prescribed by law.

III. If the Governor takes a leave of absence, which shall be defined by law, the Lieutenant Governor shall become Acting Governor. In this capacity, they inherit all gubernatorial powers and duties of the Governor until the Governor ends their leave of absence. The Governor may, with written classification, restrict any powers and duties the Acting Governor possesses when a leave of absence is invoked. "

         (ii) Article II, Section V of the State of Firestone Constitution shall be amended to state: "

I. In the event that the office of the Governor is vacant and the Lieutenant Governor is unable to succeed to the office of the Governor, then the line of succession of individuals to the office of the Governor shall consist of the Speaker of the House, the President pro tempore of the Senate, and then any other individuals as prescribed by law.

II. If the Governor takes a leave of absence, which shall be defined by law, the Lieutenant Governor shall become Acting Governor. In this capacity, they inherit all gubernatorial powers and duties of the Governor until the Governor ends their leave of absence. The Governor may, with written classification, restrict any powers and duties the Acting Governor possesses when a leave of absence is invoked.

III. If the Lieutenant Governor (or, should this office be vacant, the next in the line of succession whom is not a member of congress) and a majority of the confirmed Cabinet submit to the Speaker of the House and President pro tempore of the Senate a written declaration that the Governor is unable to discharge the powers and duties of their office, the Lieutenant Governor (or, should this office be vacant, the next in the line of succession whom is not a member of congress) shall immediately assume the powers and duties of the office as Acting Governor. Thereafter, if and when the Governor submits to the Speaker of the House and President pro tempore of the Senate their written declaration that no inability exists, they shall resume the powers and duties of their office unless or until (within 120 hours of such declaration of no inability) the Lieutenant Governor (or, should this office be vacant, the next in the line of succession whom is not a member of congress) as well as a majority of the confirmed Cabinet, submits to the Speaker of the House and President pro tempore of the Senate a written declaration that the Governor continues to be unable to discharge the powers and duties of their office; thereupon Congress shall decide the issue. If congress determines by two-thirds vote of both Houses within 15 days of such reaffirmation that the Governor continues to be unable to discharge the powers and duties of their office, the Lieutenant Governor (or, should this office be vacant, the next in the line of succession whom is not a member of congress) shall retain the powers and duties of the office as Acting Governor until such a time that: the Governor resigns or their term ends; the Lieutenant Governor (or, should this office be vacant, the next in the line of succession whom is not a member of congress) submits to the Speaker of the House and President pro tempore of the Senate a written declaration stating that that an inability no-longer exists; a majority of the confirmed Cabinet submits to the Speaker of the House and President pro tempore of the Senate a written declaration stating that an inability no-longer exists; or a majority of both chambers of Congress determine that an inability no-longer exists. Should Congress not, within five days of the affirmation that an ability continues to exist, decide upon the issue, the Governor shall resume the powers and duties of their office unless and until such a time (within fifteen days of the affirmation that an ability continues to exist) that the Governor is unable to discharge the powers and duties of their office. The Governor may not limit the powers of the Acting Governor if the circumstances of an individual becoming Acting Governor is under this subsection."



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