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Statute Book
Topic Started: Aug 27 2007, 02:44 PM (3,265 Views)
Cieran
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Alcohol Excise Duty Act

Act of Parliament
 
Under this bill, the government will cease to levy excise duty on all acoholic beverages below 8.5% abv. This will be paid for by an increase in excise duty on all alcoholic beverages above 8.5% abv. This should encourage safer drinking, as well as encouraging the continued production of traditional ales and ciders.

Facts
 
Author: Commoncold0
Type: Opposition Legislation Bill

Voting Record
 
Motion:
"I move that the Alcohol Excise Duty Bill be passed into law."
Motion By: Commoncold0
Date: Made on 13/08/09, voted on 15/08/09
Result: PASSED (Ayes: 6, Nos: 2)
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Wills Act

Act of Parliament
 
PREAMBLE:
This Act defines the requirements for creation of a will and recovation.

DEFINITION AND REQUIREMENTS OF A WILL:
To define the requirements for creation of a Will which are;
( a ): Any person over the age of majority and of sound mind can draft his or her own will without the aid of an attorney;
( b ): The creator must clearly identify himself or herself as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document;
( c ): The creator must declare that he or she revokes all previous wills and codicils. Otherwise, a subsequent will revokes earlier wills and codicils only to the extent to which they are inconsistent. However, if a subsequent will is completely inconsistent with an earlier one, the earlier will is considered completely revoked by implication;
( d ): The creator must demonstrate that he or she has the capacity to dispose of his or her property, and does so freely and willingly;
( e ): The creator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). There may be extra witnesses, these are called "supernumary" witnesses, if there is a question as to an interested-party conflict.
( f ): The creator's signature must be placed at the end of the will. If this is not observed, any text following the signature will be ignored, or the entire will may be invalidated if what comes after the signature is so material that ignoring it would defeat the creator's intentions;
( g ): An heir, an heiress or multiple heirs must be clearly stated in the text.

DETAILS AFTER DEATH:

After the creator has died, a probate proceeding may be initiated in court to determine the validity of the will or wills that the creator may have created, i.e., which will satisfied the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to testify or sign a "proof of witness" affidavit. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted. A time limit of 30 days will be applied, within which a will must be admitted to probate. Only an original will can be admitted to probate in the vast majority of jurisdictions – even the most accurate photocopy will not suffice. There will be no legal requirement that a will be drawn up by a lawyer.

REVOCATION OF A WILL:
Intentional physical destruction of a will by the creator will revoke it, through deliberately burning or tearing the physical document itself, or by striking out the signature. Partial revocation is allowed if only part of the text or a particular provision is crossed out. Other jurisdictions will either ignore the attempt or hold that the entire will was actually revoked. A creator may also be able to revoke by the physical act of another (as would be necessary if he is physically incapacitated), if this is done in his presence and in the presence of witnesses.

A will will also be revoked by the execution of a new will.

The complete revocation of a will automatically revives the next most recent will, while others hold that revocation leaves the creator with no will so that his or her heirs will instead inherit by intestate succession.

As marriage will automatically revoke a will as it is presumed that upon marriage, a creator will want to review the will. A statement in a will that it is made in contemplation of forthcoming marriage to a named person will override this. Divorce, conversely, will not revoke a will, but will have the effect that the former spouse is treated as if they had died before the creator and so will not benefit.

Where a will has been accidentally destroyed, on evidence that this is the case, a copy will or draft will may be admitted to probate.

Facts
 
Author: Sir William Buttersworth
Type: Government Bill

Voting Record
 
Motion: "I move that the Wills Bill be passed into law."
Motion By: Sir William Buttersworth
Date: Made on 18/08/09, voted on 18/08/09
Result: PASSED (Ayes: 3, Nos: 1)
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Ostentian-Exilian Pact

Act of Parliament
 
Exilian-Ostentian Pact

This pact is a pact of non-agression and mutual defence between the countries of Exilia and Ostentia. Under the terms of this pact, neither country shall take agressive action against the other and both countries shall aid each other if attacked by a foreign power as they deem fit.

For the purposes of this pact aid is defined as, but not limited to; diplomatic action, financial and military contributions, military and intelligence collaboration and direct military involvement.

This pact may only be dissolved by mutual agreement of both countries.

Facts
 
Author: HRH King Zog II
Type: Government Bill

Voting Record
 
Motion: "I move that the Ostentian-Exilian Pact be passed into law. "
Motion By: HRH King Zog II
Date: Made on 06/08/09, voted on 06/08/09
Result: PASSED (Ayes: 7, Nos: 0)
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Presumed Consent Organ Donation Act

Act of Parliament
 
Preamble:
An Act to create an organ donation scheme in which it is presumed that citizens of Ostentia consent to organ donation unless they remove themselves from the organ donation register, an opt-out scheme.

SECTION 1 (DEFINITION OF ORGAN DONATION):
(1) An organ is defined as any human body part internal or external;
(2) Organ donation as described in this Act is the transplantation of an organ from a deceased donor to a donee who is registered on the Organ Donation Waiting List.

SECTION 2 (SCHEME DETAILS):
(1) Upon reaching the  age of 18, it is presumed that a citizen of Ostentia consents to registration on The Ostentian Organ Donation Register unless;

( a ) The citizen revokes their consent by completing an opt-out form to be lodged with the Register Office.

(2) The Ostentian Organ Donation Register regulates the transplantation of organs as described in Section 1 of this Act, by matching organs from deceased donors registered on The Ostentian Organ Donation Register with patients on the Organ Donation List.

(3) Citizens under the age of 18 will not be presumed to consent to organ donation, but may donate organs should their parents or guardians give consent prior to, or at the time of, death.

(4) If a citizen is registered on the Ostentian Organ Donation Register at the time of their death, next of kin are unable to revoke consent for organ donation, unless the Court gives leave.

(5) Organ donation is not for profit.

Facts
 
Author: Sir William Buttersworth
Type: Government Bill

Voting Record
 
Motion:
"I move that the Presumed Consent Organ Donation Motion be passed into law."
Motion By: Sir William Buttersworth
Date: Made on 21/08/09, voted on 22/08/09
Result: PASSED (Ayes: 7, Nos: 0)
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Contractual Agreements Act

Act of Parliament
 
PREAMBLE:
This Act serves purely to define what is required for a legal document to form a contract.

PRINCIPAL OBJECTS OF THIS ACT:
To define the requirements of a Contract which are;
( a ) Offer and Acceptance
( b ) Consideration
( c ) An intention to create legal relations
( d ) Legal capacity
( e ) Formalities

DETAILS OF ACT:

Offer and Acceptance
Offer and Acceptance is the most important feature of a contract - it is that one party make an offer for an 'arrangement' that another party accepts, ad idem of 2 parties if you will. There must be evidence that the parties had each from an objective perspective engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement. An objective perspective means that it is only necessary that somebody gives the impression of offering or accepting contractual terms in the eyes of a reasonable person, not that they actually did want to form a contract. Offer and acceptance does not always need to be expressed orally or in writing. An implied contract is one in which some of the terms are not expressed in words. This can take two forms. A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, by going to a doctor for a checkup, a patient agrees that he will pay a fair price for the service. If one refuses to pay after being examined, the patient has breached a contract implied in fact. A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other. For example, a plumber accidentally installs a sprinkler system in the lawn of the wrong house. The owner of the house had learned the previous day that his neighbor was getting new sprinklers. That morning, he sees the plumber installing them in his lawn. Pleased at the mistake, he says nothing, and then refuses to pay when the plumber delivers the bill. Will the man be held liable for payment? Yes, if it could be proven that the man knew that the sprinklers were being installed mistakenly, the court would make him pay because of a quasi-contract. If that knowledge could not be proven, he would not be liable.

Consideration
Consideration can be anything of value (such as an item or service), which each party to a legally-binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration, the agreement is not legally a binding contract. A contract must be "met with" or "supported by" consideration to be enforceable; also, only a person who has provided consideration can enforce a contract. In other words, if an arrangement consist of a promise which is not supported by consideration, then the arrangement is not a legally enforceable contract. Mutual promises constitute consideration for each other. ("I promise you to do X, in consideration for which promise you promise me to do Y").

An intention to create legal relations
Intention to be legally bound simply is to denote a court's presumption that parties to an agreement wished it to be enforceable by a court.

Legal capacity
The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will.

Capacity is an aspect of status and will be defined by this act:

( a ) for natural persons lex domicilii;
( b ) for artificial persons, the law of the place of incorporation, the lex incorporationis for companies while other forms of business entity derive their capacity either from the law of the place in which they were formed or the laws of the states in which they establish a presence for trading purposes depending on the nature of the entity and the transactions entered into.

Formalities
Formalisation and correct determination of the contract.

Facts
 
Author: Sir William Buttersworth
Type: Government Bill

Voting Record
 
Motion:
"I move that the Contractual Agreements Bill be passed into law."
Motion By: Sir William Buttersworth
Date: Made on 18/08/09, voted on 24/08/09
Result: PASSED (Ayes: 4, Nos: 0)
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Gender Reassignment Act

Act of Parliament
 
Preamble:

An Act to allow the reassignment of gender and establish a Gender Reassignment Board with power to issue recognition certificates; to promote equality of opportunity, and provide remedies in respect of discrimination, on gender history grounds in certain cases.

SECTION 1 (BOARD):

(1) A board called the Gender Reassignment Board of Ostentia is established.

(2)        The functions of the Board are —

            (a )        to receive and determine applications for recognition certificates; and

            (b )        to issue recognition certificates in suitable cases.

SECTION 2 (APPLICATIONS FOR RECOGNITION CERTIFICATE):

        (1)        Where a person has undergone a reassignment procedure (before or after the commencement of this Act), application may be made to the Board in accordance with this section for the issue of a recognition certificate.

        (2)        An application may be made under this section by the person to whom the application relates.

        (3)        An application must be made in the prescribed form and accompanied by the prescribed fee.

        (4)        A copy of the application must be served on —

            (a )        the Social Affairs Minister; and

            (b )        any other person who should, in the Board’s opinion, be served with notice of the application.

        (5)        A person referred to in subsection (4) is entitled to appear at the hearing of the application and to make submissions to the Board.

        (6)        In proceedings on an application, the Board is not bound by the rules of evidence, but may inform itself on any matter in such manner as the Board thinks appropriate.

        (7)        Proceedings under this section must be conducted in private.

        (8)        The Board must determine every application by giving a written decision containing the reasons for that decision.

        (9)        A decision of the Board not to issue a recognition certificate in a proceeding does not preclude a further application to the Board by the applicant based on additional or changed circumstances.

SECTION 3 (ISSUE OF RECOGNITION CERTIFICATES):

        (1)        Where an application under section 2 relates to an adult, the Board may issue a recognition certificate if —

            (a )        one or more of the following applies —

                  (i)        the reassignment procedure was carried out in Ostentia;

                  (ii)        the birth of the person to whom the application relates is registered in Ostentia;

                  (iii)        the person to whom the application relates is a resident of Ostentia and has been so resident for not less than 12 months;

                and

            (b )        the Board is satisfied that the person —

                  (i)        believes that his or her true gender is the gender to which the person has been reassigned;

                  (ii)        has adopted the lifestyle and has the gender characteristics of a person of the gender to which the person has been reassigned; and

                  (iii)        has received proper counselling in relation to his or her gender identity.

SECTION 4 (ISSUE OF NEW BIRTH CERTIFICATE):

        (1)        After the reassignment of gender is registered by the Registrar and the register altered accordingly, a birth certificate issued by the Registrar for the person must, unless otherwise requested by the person or permitted by the regulations, show the person’s sex in accordance with the register as altered.

        (2)        Any such birth certificate must not include a statement that the person has changed sex.

SECTION 5 (CONFIDENTIALITY):

        (1)        A person who holds or formerly held a position involving duties related to the administration of this Act must not divulge confidential information obtained by virtue of that position except as may be required for the purposes of official duties, or as may be permitted in writing by the person to whom the information relates.

SECTION 6 (DEFINITION OF REASSIGNMENT):

      (1)      The definition of reassignment is a person who has undergone hormone treatments, mentally identifies themselves of a certain sex or has undergone operations on sexual organs. There is no requirement under this Act for someone to be 'post-operation' on their sexual organs.

Facts
 
Author: Sir William Buttersworth
Type: Government Bill

Voting Record
 
Motion: "I move that the Gender Reassignment Motion be passed into law."
Motion By: Sir William Buttersworth
Date: Made on 21/08/09, voted on 27/08/09
Result: PASSED (Ayes: 4, Nos: 0)
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Definition of Death Act

Act of Parliament
 
PREAMBLE:
An Act to provide a definition of death for the purposes of the law of Ostentia.

SECTION 1 (DEFINITION OF DEATH):
For the purposes of the law of Ostentia, a person has died when there has occurred—
            ( a )        irreversible cessation of all function of the brain of the person; or
            ( b )        irreversible cessation of circulation of blood in the body of the person.

Facts
 
Author: Sir William Buttersworth
Type: Government Bill

Voting Record
 
Motion: "I move that the Definition of Death Bill be passed into law."
Motion By: Sir William Buttersworth
Date: Made on 21/08/09, voted on 30/08/09
Result: PASSED (Ayes: 4, Nos: 3)
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Woish-Ostentian Pact

Act of Parliament
 
This pact is a pact of non-agression and mutual defence between the countries of Woland and Ostentia. Under the terms of this pact, neither country shall take agressive action against the other and both countries shall aid each other if attacked by a foreign power as the aiding power deems fit.

For the purposes of this pact aid is defined as, but not limited to; diplomatic action, financial and military contributions, military and intelligence collaboration and direct military involvement.

This pact may only be dissolved by mutual agreement of both countries.

Facts
 
Author: HRH King Zog II
Type: Government Bill

Voting Record
 
Motion: "I move that the Woish-Ostentian Pact be passed into law."
Motion By: HRH King Zog II
Date: Made on 22/08/09, voted on 30/08/09
Result: PASSED (Ayes: 6, Nos: 1)
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Ostentia-Eronam Mutual Defence Pact

Act of Parliament
 
This pact is a pact of mutual defence between the countries of Eronam and Ostentia against agression by the country of Assym. Under the terms of this pact, neither country shall take agressive action against the other and both countries shall aid each other if attacked by Assym, or any power acting on its behalf, as the aiding power deems fit.

For the purposes of this pact aid is defined as, but not limited to; diplomatic action, financial and military contributions, military and intelligence collaboration and direct military involvement.

This pact may only be dissolved by mutual agreement of both countries.

Facts
 
Author: HRH King Zog II
Type: Government Bill

Voting Record
 
Motion: "I move that the Ostentia-Eronam Mutual Defence Pact be passed into law."
Motion By: HRH King Zog II
Date: Made on 28/08/09, voted on 02/09/09
Result: PASSED (Ayes: 6, Nos: 0)
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Constitutional Court Act

Act of Parliament
 
Under this bill, the constitution shall be amended with the following article added:

Quote:
 
Article XI: The Constitutional Court
a. A Constitutional Court shall be established to ensure that  this constitution is enforced.
a.1. The Constitutional Court shall be considered separate from the justice system, and shall not consider cases that have no constitutional significance.
b. The Constitutional Court shall be comprised of a Chief Justice, who shall consider cases alongside any Associate Justices who may also sit on the bench.
b.1. The Speaker of the House of Commons shall sit as the Chief Justice of the Constitutional Court.
b.2. The final judgement of the court in all cases shall be determined by the Chief Justice.
b.3. Associate Justices of the Constitutional Court may be appointed from time to time, with the consent of the Chief Justice, the Prime Minister and Parliament.
b.4. Once appointed, Associate Justices of the Constitutional Court are to hold their offices in good behaviour and activity.
b.5. Associate Justices of the Constitutional Court shall be forbidden from holding or seeking an office in the national executive, and may not attend cabinet.
c. The following powers shall be granted to the Constitutional Court, in order that it may defend the constitution.
c.1. The power to strike down legislation or sections of legislation which are in breach of the constitution.
c.2. The power to issue court orders compelling an individual or organisation to carry out a certain course of action, or refrain from carrying out a certain course of action.
c.3. The power to determine the course of action to be followed in the event of a disputed election or parliamentary procedure.


This bill will require a two thirds majority.

Facts
 
Author: Commoncold0
Type: Private Member Bill

Voting Record
 
Motion: "I move that the Constitutional Court Bill be passed into law."
Motion By: Commoncold0
Date: Made on 18/08/09, voted on 10/09/09
Result: PASSED (Ayes: 6, Nos: 0)
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Minimum Wage Act

Act of Parliament
 
Under this bill, all existing state-legislation on minimum wage will be superseded with a national minimum wage. This will be set in the following manner:
Age 15-21 - £4.50
Age 21+ - £7 an hour

This will be the nationally mandated minimum to be paid to workers, however, states may choose, if they so wish, to set the minimum wage higher than this.

While the economy may still be in a relatively fragile state, the fact remains that social issues in Ostentia are still a rarely-addressed issue. If we increase the money going to the lowest rung of society we can help everyone by improving their quality of life.

Those in the 15-21 bracket will be limited to a maximum of fifteen hours work per week on the understanding that it does not interfere with their schooling or education. Those in the aged twenty-one and over will have unlimited working hours.

This bill only sets out MINIMUM standards. States are free to adjust these as necessary provided they are not decreases below the minimum threshold.

Facts
 
Author: Cieran
Type: Private Member Bill

Voting Record
 
Motion: "I move that the Minimum Wage Bill be passed into law..."
Motion By: Cieran
Date: Made on 01/09/09, voted on 13/09/09
Result: PASSED (Ayes: 3, Nos: 0)
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Boo Health Service Act (2009)

Act of Parliament
 
Under this bill, existing legislation on public health provision shall be consolidated and expanded upon to create a Boo Health Service.

Part 1: Structure

The BHS in each state shall be organised under State Health Authorities. These authorities will be tasked with overseeing the distribution and development of BHS resources in their state.

Federal funding for the BHS in each state will be determined by the National Health Authority, which will allocate national government funds to each State Health Authority on the basis of need. State Healh Authorities may also recieve additional funding from State Governments.

Part 2: Services

The services offered by the BHS shall be divided into 3 categories.

Category A services are to be provided free of charge.

Category B services may be subject to charges. However, as the BHS is a not-for-profit body, State Health Authorities should subsidise these services as much as possible, offering them for free is funding is available.

Category C services are not to recieve any BHS subsidy and, if a SHA chooses to provide such services, then they are to be run as a commercial enterprise with profits going towards funding other BHS services.


The following services shall be considered Category A:
General Practitioners Services (Primary Care)
Emergency Treatment
In-Patient Care
Specialist Care (except as otherwise specified)
Long-Term Care
Psychiatric Care
Postnatal Care (health visitors for newborn children)
Category B Care for children under 16 (19 if in in full time education), those on low incomes and those over the age of 65.
Vaccinations
Other healthcare permitted by law and not contained within Categories B or C.

The following services shall be considered Category B:
Perscription Services
Opticians Services
Dental Services

The following services shall be considered Category C:
Cosmetic Surgery (excluding reconstructive surgery)
Fertility Treatments
Any treatment for which there is no medical basis.

This bill should not require any additional changes to the current health budget.

Facts
 
Author: Commoncold0
Type: Private Member Bill

Voting Record
 
Motion: "I move that the National Health Bill be passed into law."
Motion By: Commoncold0
Date: Made on 22/08/09, voted on 13/09/09
Result: PASSED (Ayes: 5, Nos: 0)
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Electoral Un-Reform Act

Act of Parliament
 
Under this bill, the Electoral Reform Acts will be repealed. In future, the Prime Minister will be elected by simple First-Past-The-Post. In the event of a tie for the post of Prime Minister, the incumbant shall remain in office as Acting Prime Minister until Parliament nominates a successor via a motion of confidence.

Facts
 
Author: Commoncold0
Type: Private Member Bill

Voting Record
 
Motion: "I move the the Electoral Un-Reform Bill be passed into law."
Motion By: Commoncold0
Date: Made on 23/08/09, voted on 13/09/09
Result: PASSED (Ayes: 4, Nos: 1)
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Expansion of the MRFA

Act of Parliament
 
AN ACT to expand the Mandatory Recycling Facilities Act of 2008.

§1. SHORT TITLE.

This Act may be referred to as the Expansion of the MRFA (2009).


§2. PROVISIONS.

Upon approval, this legislation shall amend the Mandatory Recycling Facilities Act of 2008, adding the following factors:

4. Council-ran recycling facilities shall have additional bays available to handle appliances, electronics, furniture and other items with potential recycle value in order to curtail the practice of "fly-dumping". These facilities will safely strip these components down and recycle what they can and hand over what cannot be recycled to be properly disposed of or reused if possible.


§3. ADDITIONAL COST.

This bill request the expenditure of a single budgetary unit in a one-off manner to be allocated using the surplus unit in Environment. This expenditure is necessary to install and retrofit the new bays in all recycling centers to handle these new goods. Upon the next term, the bays shall be payed for, and all operational cost continues to be funded by normal funding.

Facts
 
Author: DynamoJax
Type: Government Bill

Voting Record
 
Motion: "I move that the Expansion of the MRFA Act (2009) be passed into law and entered in the Statute Book."
Motion By: DynamoJax
Date: Made on 05/10/09, voted on 06/10/09
Result: PASSED (Ayes: 3, Nos: 0)
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License Plate Decorum Act

Act of Parliament
 
AN ACT to allow the States of the Federal Republic of Ostentia the creation of designer plates.

§1. SHORT TITLE.

This Act may be referred to as the License Plate Decorum act of 2009.


§2. PROVISIONS.

Upon approval, this legislation shall achieve the following:

1: All States are permitted to create their own license plate designs following that all the requirements below are met:

1a: The current approved licensing system is not altered.
1b: The plates are easily readable, and the paint colour of the text is in clear contrast with the colour(s) of the plate.
1c: The plates are mindful of all cultures and are devoid of obscenities or other vulgar language or imagery.

2: Each state may choose to offer plates with state decorum, but must always offer the Ostentian plate standard as an option.

3:In addition, a state is NOT required to offer any such "designer" plates, and may only offer the Ostentian Standard. In addition, a state is NOT required to offer any such "designer" plates, and may choose to only offer the Ostentian Standard.

4: States may charge a small fee for the designer plate, on top of the regular fee for an standard Ostentian License Plate.

5: Any designer plate by any state shall be entered into the federal database and shall hold equal rights and privileges in all other states, thus having validity in all other states as well as its state of origin.


§3. ADDITIONAL COST.

The Federal Republic of Ostentia will not, under any circumstances, allot any funding under this bill. The decision of whom funds the decorum plates, either the state or by the consumer (via a nominal fee on top of the standard plate fee) is solely determined by the state in question. However, the Federal Government reserves the right to install a cap on such fees should they become unacceptably abusive.

Facts
 
Author: DynamoJax
Type: Government Bill

Voting Record
 
Motion: "I move that the License Plate Decorum Act of 2009 be passed into law and entered in the Ostentian Statue Book."
Motion By: DynamoJax
Date: Made on 07/10/09, voted on 08/10/09
Result: PASSED (Ayes: 4, Nos: 1)
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