Act of Congress Mend July Legislation Act

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EmeraldGuuy

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CONGRESS OF THE
COMMONWEALTH OF REDMONT






A BILL TO

ISSUE MINOR CORRECTIONS TO VARIOUS LAWS PASSED BY A SINGLE LEGISLATOR





The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:



PART I: PRELIMINARIES

1 - Short Title and Enactment

(1) This Act may be cited as the "Mend July Legislation Act".

(2) This Act shall be enacted immediately upon its signage.

(3) This Act was authored by MJL.

(4) This Act is sponsored by EmeraldGuuy Goodman.

(5) This Act is co-sponsored by antonfr.

(5) This Act amends the following acts:
(a) Property Lien Act
(b) Provisional Debt Recovery Act
(c) Redmont Civil Code Act

2 - Reasons and Intent

(1) MJL messed up some things.

(2) This Act fixes those things.

PART II: AMENDMENTS

(1) Subdivision (c) of Subsection (7) of Section 1 of the Property Lien Act is repealed and the following is substituted in lieu thereof:

(c) Coordinates with the Debt Recovery Quick Fix Act Provisional Debt Recovery Act.

(2) (a) Section 30 of the Property Lien Act is repealed and the following is substituted in lieu thereof:

(1) A Judicial Lien may be obtained as part of debt recovery proceedings under the Debt Recovery Quick Fix Act Provisional Debt Recovery Act or subsequent acts.

(2) Asset seizure under the Debt Recovery Quick Fix Act Provisional Debt Recovery Act or subsequent acts does not displace the priority of a previously perfected Lien.

(b) Section 30 of the Property Lien Act is hereby renamed to "30 - Provisional Debt Recovery Act".

(3) Section 3, Part XII, of the Redmont Civil Code Act is repealed and the following is substituted in lieu thereof:

3 - Refusal to Release a Satisfied Lien
Offence Type: Violation Type: Intentional/Negligent​
Remedy: Up to 100 Civil Penalty Units; restitution of any damage caused​
A person commits a violation if the person:​
(a) being a Lienholder, fails to file a Release of Lien or release the relevant SIH Agent within 14 days of the secured obligation being satisfied; and​
(b) the failure is willful or in reckless disregard of the Lien Debtor's interests.​
Relevant Law: Act of Congress - Property Lien Act​

(4) Section 4, Part XII, of the Redmont Civil Code Act is repealed and the following is substituted in lieu thereof:
4 - Unauthorized Private Foreclosure
Offence Type: Indictable Violation Type: Strict Liability
Penalty: Remedy: Up to 200 Civil Penalty Units; restitution of Fair Market Value of the Collateral​
A person commits a violation if the person:​
(a) seizes, sells, or otherwise disposes of Collateral subject to a Lien without following the foreclosure procedures of the Property Lien Act and without an order of the Federal Court.​
Relevant Law: Act of Congress - Property Lien Act​

(5) (a) Part VI of the Property Lien Act is amended by adding the following new section:

24 - Court-Ordered Discharge

(1) Court-Ordered Discharge of a lien shall take place through the process described in Section 11, Part II, of the Redmont Civil Code Act.


(b) Subsequent sections shall be renumbered.

(6) Section 6 of the Property Lien Act is repealed and the following is substituted in lieu thereof:

(1) A Judicial Lien is created as described by Section 10, Part II, of the Redmont Civil Code Act.

4 - Other Amendments
(1) Subsection (2) of Section 11 of the Provisional Debt Recovery Act is repealed and the following is substituted in lieu thereof:

(2) Minimums. DoC shall ensure new players are covered for a minimum of 33% of their recoverable damages while under New Player Coverage. The exact percentage of coverage shall be set by DoC policy. DoC may further set policy capping payouts for recoverable damages to a specific dollar amount. The maximum dollar amount for such shall not be at a value of less than $10,000.
 
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Presidential Assent


Seal_President_Small.png

PRESIDENTIAL ASSENT




This Act corrects outdated references to the repealed Debt Recovery Quick Fix Act in the Property Lien Act, repairs two violations in Part XII of the Redmont Civil Code Act that carried criminal classifications into a civil instrument, clarifies a cross-reference, and amends the Provisional Debt Recovery Act to permit the Department of Commerce to cap New Player Coverage payouts at not less than $10,000.

I grant assent for three reasons.

First, the corrections are accurate. I have checked each amendment against the acts it touches. The references at §1(7)(c) and §30 of the Property Lien Act did point at a repealed Act. Part XII §3 of the Civil Code did read "Offence Type" and §4 did read "Offence Type: Indictable" with a criminal penalty heading, which is wrong in a code that classifies violations as Intentional, Negligent, Strict Liability or Administrative. Judicial Liens do sit in Part II of the Civil Code, and the cross-reference in §6 of the Property Lien Act is better for saying so.

Second, some of what this Act corrects is my own work. I authored the Property Lien Act as representative. It was vetoed, and MJL took it forward with adjustments and reproposed it in the form that became law. Errors of this kind are worth fixing promptly rather than left to accumulate, and I would rather sign a bill tidying our own drafting than preside over a code that cites repealed statutes and mislabels its own violation types. I record that interest here so that it is on the face of the assent rather than left for someone else to point out.

Third, the amendment to the Provisional Debt Recovery Act is bounded. The Department of Commerce may cap payouts, but not below $10,000, and the minimum coverage percentage in §11(2) of that Act remains. Most claims under New Player Coverage will fall well below that floor.

I record the following for Congress and for the Office of Congressional Affairs.

The amendment at §4(1) is a policy change rather than a correction. Where a new player's recoverable damages are large, a cap expressed in dollars will bind before the thirty three percent minimum is reached. That minimum was the central undertaking of the Provisional Debt Recovery Act and this qualifies it. I accept the change on its merits, but it should have been presented as what it is rather than carried in a bill titled as minor corrections.

Three errors of the same class remain unfixed and I would welcome their correction. Part XII §2 of the Civil Code still reads "Penalty" rather than "Remedy" and still states that a person commits an offence, sitting between the two provisions this Act repairs. Part II §10(2) of the Civil Code still refers to the repealed Debt Recovery Quick Fix Act, the very reference corrected elsewhere by this Act. And the tort inserted into Part X of the Civil Code by the Provisional Debt Recovery Act cites Section 5 of that Act for payment plans, which is Asset Seizure Warrants; payment plans are Section 6.

On implementation, §(5)(b) directs that subsequent sections of the Property Lien Act be renumbered following the insertion of a new §24. Because that Act already contains a §24, the rename of §30 directed by §(2)(b) should be applied before the renumbering is carried out, or the renamed section will be recorded in the wrong place.

My thanks to MJL for authoring this Act, to Former Representative EmeraldGuuy Goodman for sponsoring it, and to Vice President Anton Fontaine for co-sponsoring.



This bill has been granted assent and is hereby signed into law.
signature

Theory Fontaine
30th President of the Commonwealth of Redmont

 
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