DEMOCRATIC REPUBLIC AND DIPLOMATIC ALLIANCE OF MONGOLOID KHULMI (KUKI ) IN SOUTH EAST ASIA
The Encyclopaedia Britannica (1962, vol xiii, 511) records, ‘Kuki, a name given to a group of tribes inhabiting both sides of the mountains dividing Assam and Bengal from Burma, south of the Namtaleik River.’ Grierson (1904) marks out Kuki country as follows:
The territory inhabited by the Kuki tribes extends from the Naga Hills in the north down into the Sandoway District of Burma in the south; from Myittha River in the east, almost to the Bay of Bengal in the west. It is almost entirely filled up by hills and mountain ridges, separated by deep valleys. A great chain of mountains suddenly rises from the plains of Eastern Bengal, about 220 miles north of Calcutta, and stretches eastward in a broadening mass of spurs and ridges, called successively the Garo, Khasia, and Naga Hills. The elevation of the highest point increases towards the east, from about 3,000 feet in the Garo Hills to 8,000 and 9,000 in the region of Manipur. This chain merges, in the east, into the spurs, which the Himalayas shoot out from the north of Assam towards the south. From here a great mass of mountain ridges starts southwards, enclosing the alluvial valley of Manipur, and thence spreads out westwards to the south of Sylhet. It then runs almost due north and south, with cross-ridges of smaller elevation, through the districts known as the Chin Hills, the Lushai Hills, Hill Tipperah, and the Chittagong Hill Tracts. Farther south the mountainous region continues, through the Arakan Hill tracts, and the Arakan Yoma, until it finally sinks into the sea at Cape Negrais, the total length of the range being some seven hundred miles. The greatest elevation is found to the north of Manipur. Thence it gradually diminishes towards the south. Where the ridge enters the north of Arakan it again rises, with summit upwards of 8,000 feet high, and here a mass of spurs is thrown off in all directions. Towards the south the western off-shoots diminish in length, leaving a track of alluvial land between them and the sea, while in the north the eastern off-shoots of the Arakan Yoma run down to the banks of the Irawaddy. This vast mountainous region, from the Jaintia and Naga Hills in the north, is the home of the Kuki tribes. We find them, besides, in the valley of Manipur, and, in small settlements, in the Cachar Plains and Sylhet.
BRIEF HISTORY OF THE KHULMI KUKI MANMASI
The Manmasi , Afridis, Khulmi, Kukis living in NE India, NW Burma, Sylhet and Chittagong Hill Tracts of Bangladesh, Afghanistan and Pakistan are descendents of Abraham by his third wife Keturah. Abraham live in Ur and from Ur he migrated to Canaan (now Palestine) and from Canaan his descendents Manmasi, Afridis,and Khulmi Kukis were migrated to Syria. Being a Hebrew or Semitic nation or race they were possessing Torah which is a sacred or religious law and observed Sabbath and important feasts of the Hebrews. From Syria they were taken to China as hired laborer by Shih Haungti the Chinese king and there they built a huge fortress for the king to protect him and his kingdom from the raids of other warring tribes. From Ur to Canaan through Syria, they were called and known as Hebrew or Semitic people and while they were in Syria Manmasi was born from among them who later became their progenitor and after whose name they were called or known as Manmasi . They spent fifty years in China during which they were increased and more people added to their number. During this fifty years they spent most of their time in cave and cliff of the rocks and hence they were called Khulmi which means Cavemen or a men born in a cave.
After fifty years they came out with a great struggle from the cave and altogether live an independent life in Chungkhopi which means a city in the upper land. From Chungkho- pi they spread and move to different places in different groups and began a real national and country life. For many years in Syria and China they live like an exile or a captive now they become free and independent in Chungkhopi and thereafter. They scatter far and wide as their number increased and live a country lifestyle in complete freedom, power and authority. After their patriarch Abraham and Manmasi their progenitor; Shongthu, Shongja, Jahong,Jakhai,Songkip,Songmang, Singmang, Hangmang, Songthan and Noimangpa became ruler and chief among them. (Noimangpa means King or Dominic of the lower land). Shongthu group or descendents live in the whole NE India, NW Burma, Sylhet and Chittagong Hill Tracts of Bangladesh; Shongja group lives in Japan, Thailand, Philipine, Laos and Cambodia; Jahong and Jakhai group lives in Himalaya, Nepal, Tibet, China, Mongolia, Afghanistan and Pakistan. From among Shongthu group or descendents Halam became king in Asom; Shongja group or descendents formed a ruling class or major tribes in Japan; from among Jahong goup Galngam became a ruler and ruled like a monarch in a great circles of his land called ‘Jalengam’ which means ‘Land of complete Freedom and Independence’ ; from among Jakhai group Afridis became chief and ruler who live in Afghanistan and Pakistan; among the descendents of Manmasi their progenitor, Manmasi Jhou founded Zhou Dynasty in China; from among Songkip groups Thadou became ruler in Manipur and Burnma; from among Shongmang groups Potoo kookie became king in Tipperah, Chittagong Hill Tract, Arakan and Sylhet; and from among Songthan group Rani Gaidinliu became queen and reign with Jadonang her accomplice in Ukhrul, Chandel, Tamenglong and Senapati.
Manmasi, Afridis, Khulmi – Kukis who are classified as Tibeto-Burman speaking group of Mongoloid Race by the historians are a very primitive, indigenous and aborigine who were once supreme, predominant and reigned themselves in self sovereignty loss their power and domination to an alien nation during 1st World War and in the wake of 2nd World War they fought a fierce battle to recoup their land but were suppressed by a foreign and alien power and their land and nation had been segregated and annexed to India, Burma and Bangladesh respectively after they become independent of the British. Manmasi, Afridis,
Khulmi-Kukis have status as a nation and have the right to self determination which cannot be suppressed or loss.
The application submitted on behalf of all the dependent and colonized people of Indo-Burma and Indo-Bangladesh representing the united democratic peace council for khulmi kuki manmasi tribes. For granting and restoration of independence, decolonization of the dominated country from the present colonial administrating power of Indo-Myanmar, Indo Bangladesh which was occupied since 1947 in India and 1948 in Burma.
i.For supervising and examining historical materials/records relating to the DRADAOK of Khulmi(Kuki) Manmasi tribes
ii.For terminating the foreign and colonial regime of India,Burma and Bangladesh.
iii.For international appraisal of the separation of the Khulmi kuki manmasi tribes in Indo-Burma and Indo-Bangladesh.
iv.For giving international recognition to the DRADAOK for khulmi-kuki tribes. To exercise their inalienable rights to self- determination in conformity with the UN general assembly resolution 1514(xv) of 1960 and other subsequent resolutions.
V.For all necessary and elaborate steps appropriate measures
towards complete de- colonization of khulmi kuki manmasi
tribes and ceasation of subjugation of her people to the earliest
and lastly, for emergent as well as periodic seasons of the
decolonization committee in the dominated areas.
vi.For enlisting DRADAK the Khulmi Kuki Manmasi tribes in the list of the Non- Self-Governing Territories of the UNPO by enlarging the existing mandate.
01.This is a factually updated petition of the prayer submitted on to the chairman UNPO decolonization committee. We the undersigned representative of the united peace democratic council khulmi/kuki manmasi tribes an organization of the national peace movement in the country of Indo-Myanmar and Indo-Bangladesh which is currently a constituent state of the republic of India furnish the following facts base on historical,political, socio-economic materials as well as legal and constitutional materials for your immediate consideration and urgent international supervision of the colonization and independence of these people of Indo-Myanmar and Indo-Bangladesh by the colonial power of India with the help of a colonial occupation army which continues the ongoing repression, suppression, torture,extra-judicial murder and subjugation of the people of the countries under permanent colonial process and colonization in different form.
02.We fully the de-colonization process adopted by the UN since 1960 and the emergence of the hundred independent sovereign states in conformity with the de-colonization process was initiated by the special committee on the situation with regard to the implementation of the declaration on the granting of the independence to colonial countries and peoples de-colonization committee hereafter vide the UN general assembly resolution 1655 (xvi) of 27 November ,1961 the UN general assembly resolutions 1810 (xvii) of 17 December 1962 (xxv) of 12 October, 1970,35/118 of December 1980, 40/56 of 2nd December 1985, 45/33 of 20 November 1990, 46/181 of 19 December 1991 and the UN general assembly resolution 52/78 of 10 December 1997. 03.It is pertinent that the UN general assembly resolution 52/78 of 10 December 1987 has mandate special committee for the eradication of colonialism in all terrorist that have not yet exercise their right to self-determination including independence to formulate proposals for the elimination of remaining manifestations of colonialism and to recommend to the general assembly the most suitable steps to be taken to enable the populations of those territories to exercise their right to self-determination and independence.
04.The special committee at its 1484th meeting held on 6 February 1998 has accepted to review the list territories to which the colonial declaration of 1960 has applied. The special committee has continued its review of the list of territories to which the declaration is applicable and it also intends to continue to review the list of territories to which declaration is applicable.
05.The non self-governing territory of the kuki countries in Indo-Burma and Indo-Bangladesh illegally annexed and separated in three countries in India, Burma and Bangladesh deserves a legitimate place in the list of territories under the supervision of the special committee to enable the people of Mongoloid khulmi kuki manmasi afridis tribe to exercise their inalienable right to self-determination, independence and sovereignty. The facts of colonization and subjugation are furnished below under the relevant headings. The international community would note that not a single Indian, Burmese and Bangladeshi had ever rule Mongoloid khulmi/ kuki countries either directly or indirectly. The Indian ,Burmese and Bangladeshi history of no concern to the people of mongoloid khulmi/kuki manmasi and afridis till 1949. This corroborated by the history of india, Burma and Bangladesh positively and invariably.
2.HISTORICAL EVIDENCE
1.2.The country formation was completed in the early Christian era, when as many as 119 tribes (see the list) which participates amalgamated themselves to constitute the earliest kuki country , which territorially fluctuated but extended beyond the present territory. The earliest settlers are the ancient kookies/kuki of the present valley and hills (see kuki political map) kookies/kuki cognates renamed by British as Chin in Burma, Afridis in Afghanistan and Pakistan. The early kookies/kuki country which is presently known as North East India, Chin Hills and Chittagong Hill Tracts, Sylhet of three major ethnic group of Mongoloid Khulmi Manmasi/ Afridis race (see list of the khulmi tribes) rechristened by the colonial British. There was a centralized constitutional government since scatter from the construction of the great wall of China under Zhou dynasty at the period Chinese emperor Shih Huangti in 259-210 BC. The history of the kuki had been documented 1000 of books in British library Indian library in all over the world website and e-books. These materials including local and native may be closely examine as historical records by the de-colonisation committee in order to form an objective and positive view of the people of the Mongoloid Khulmi/Kuki Manmasi and Afridis tribe for atleast three centuries so that the officials and colonial perspectives of the administrative power of the Indian, Burmese, Bangladeshi state alone may not form the sole basis for any objective appraisal. Early and medieval Indian history has never included present Kuki as it component till 1947 even the Indian colonial historian admit this.
1.3.A centralized constitutional government had been functioning in the early before the British colonial migrated to South East Asian countries. Several European states did not emerge as stable entities at that point of time.
2.SOCIO-ECONOMIC AND POLITICAL COLONIZATION:
2.01.The people of Mongoloid Khulmi/Kuki Manmasi and Afridis have been deprived off their inalienable birth- right to determine their political and socio-economic status on their own due to Indian , Burmese and Bangladeshi colonial process , subjugation , alien and resist national oppression. They have been deprived of their inalienable right to exploit their natural resources as per their self-determination and this right has to be restored to them. Following the ICJ verdict 1995 on Timor Gap Treaty , it is criminal wrong to for India to usurp the natural resources of Kuki country. They have to exercise their inalienable right to self-determination for their permanent sovereignty over their natural resources, biomass, water-bodies, fauna and flora among others.
2.02.The pre-dominently Mongolian population of Khulmi/Kuki Manmasi and Afridis has been subjugated by the Indian resist and colonial regime which represents only the blue blood of the Aryan and Dravidian races (ANNEX No.viii, Indian party representatives and Khulmi/Kuki peoples photo).The administering power ie’ the Indian colonial regime has never appointed any indigenous people of khulmi/kukis who are of Mongolian origin are treated as subject and subjugated race only to be ruled by the occupation army. Since 1949 onwards till today not a single day has ever passed in kuki country without repressive measures taken by the Indian colonial army by torturing, insulting or extra-judicially murdering the indigenous people khulmi/kuki country. As cited above, a number of repressive laws or laws of legitimizing state terrorism including the terrorist and disruptive activities (prevention) act,1987 and several other draconian laws have been systematically introduced and enforced in the country of kuki land in order to subjugate the people of khulmi/kuki manmasi afridis and incapacitate them from determining their own political destiny (ANNEXURE No.ix).The UN human rights committee and the global NGOs’ have denounced them as incompatible with the international bill of rights,1996 to which the colonial government of India has been a party. The government of India is accountable for enacting laws incompatible with the covenants ratified by her.
2.03.Under section 4 of the armed forces (special) power act 1958, the armed forces of the union of India have been empowered to killed any body on suspicion or out of hatred without any judicial process. Besides, this has enormously encouraged the Indian armed forces to precipitate and heightened their extra-judicial torture and execution of the Mongolian people bordering on genocide of the Mongolian races in kuki countries. Even the supreme court of India upheld the black law by its judgment given on 27th Nov.1997, not a single khulmi/kuki has been appointed to the supreme court in the last half a century. These judges are racists and chauvinists like their political mentors.
2.04.It may be added that Aryan and Dravidian racists in the Indian colonial regime had been guided by secret religious scriptures like the ‘manusmriti’ in all its chapters it authorized Aryan and Dravidian racists, specially persons from high caste to execute or torture women, infants and the races who are not Aryan or Dravidian origin. The people of khulmi/kukis manmasi afridis are not hindu sudras but 90% mongoloid Christians. From their in-built mental perspective they cannot help but to conceive every people of khulmi kukis as sub-sudras, who is to be physically tortured and slaughtered. Hence from the perspective of the Indian colonial army, whenever they physically execute any Mongolian people, they conscientiously assumed that they have performed a secret religious duty and rite to fulfilled the scriptural mandate of their racists ancestors.
It may be recalled that the “Arthasastra” of Kautilya the equivalent of a military manual of colonial blue books gives religious sanctity to the suppression and wiping out of smaller nations and countries in order to establish Indian imperialism and colonialism. Therefore the Indian colonial army and Indian colonial political rulers have no alternative than cherishing a heritage of conquering smaller nations and physically executing people who are not of the Aryan and Dravidian origin. The British colonial power however did not have such a transmitted mandate from their Bible. Indian colonial regime and Indian colonial army operated in such a sophisticated and orchestrated way that the international community cannot easily understand or recognized the entire consequences of the overt and covert Indian colonialism unless UN dispatches visiting mission to the kuki countries. The UN has not been successful to appoint a special human rights reportuer for India although one has appointed for Myanmar.
2.05.The colonial development process and the colonial economy had not been helpful to the people of khulmi/kukis. Not a single major industries whereas several hundreds of crores of rupees spent apparently on paper maintained for the record in order to refuel and recycle their colonial apparatus, quite a few families in kuki country are also use as colonial subsidiaries , the economic condition of the everage people khulmi kuki especially those in the hill areas has not improved even up to the level of subsistence. People survive on grass root in the kuki country especially the hill areas because of colonial economic process. The mongoloid khulmi kuki hill men and plainsmen are divided by the presidential approval to a divisive law – the kuki land and revenue act 1960 in Manipur which debar plainsmen to seek access to the hills. The apartheid has been created.
2.06.The colonial economy in khulmi kuki country has pushed down 68% of kuki people below the poverty line. Centre for monitoring Indian economy in 1992-1993 indicates that whereas Indian state of Punjab reach index of 205 Manipur’s index is 71. As per the Asian development bank’s report 11th May 1997, Manipur rice production in kg/hectare 1400 against Indian everage of 1740. Road in 100 sq.km. in Manipur is 32.64 km. against Indian everage of 62.82 km. Banking credit in Manipur is Rs.6,929/-. Annual budget of Rs.400+ crores is literally for the maintenance of 90,000 colonial Indian army. Innumerable merceneries, police, espionage supporting pro-colonial families and half the budget allocation is not available due to colonial fiscal policy.
2.07.We have living testimony of the socio-cultural colonization of the indigenous people of the khulmii kukis lay the casteist and racists socio-cultural apparatus of India.Firstly, the captive market is at the hands of Hindustanis , secondly no industry has been set up for attaining industrial growth , thirdly all the natural resources have been exploited by the colonial regime, fourthly people survive on subsistence economy and not a single watch, electronic industry has been set up in kuki country let alone major and heavy industries.
2.08.In sum the DRADAOK in kuki country have strongly endorsed the view that the people has socio-economically and politically been exploited by the triune countries colonial regime beside the political and military subjugation of the people since 1947 till today. Majority of the colonized khulmi kukis have to learn Hindi and baptized in colonial religion.
2.09.Proxy elections are conducted by spending crores of Indian rupees in order to perpetuate colonialism through quislings, puppets regimes and fifth columnists under proxy election process by way of misleading illiterate electorate. The Indian colonial regime in no way justify the electoral process whatsoever since the people of khulmi kuki cannot exercise their independent political will and resolve their destiny at the gun point of the massive racists Indian colonial army and several thousands of mercenaries, subversives and spies. The colonial elections held in mighty presence of occupation army, mercenaries and pouring crores of rupees for bribery have debarred the people to exercise their free will and no plebiscite on de-colonization had ever been held. Alcoholic , drugs, heroine, brown sugar and narcotics are freely distributed to the voters in the colonial elections.
2.010.The proposals to establish Mongoloid Khulmi Kuki Tribal –cum- Linguistic Research Institute has been submitted to the centre government of India department of Tribal Research, Ministry of Art and Culture, Central Institute of Indian Languages Mysore, Linguistic Minority, Government of India and UNESCO India in 2004 had been exploited, concealed and neglected by officers in due scale of the unity among the Mongoloid Khulmi Kuki Manmasi and Afridis who had been spreaded in all over Asian countries (www.ukeximlexicon.blogspot.
com/http://www.ukexim.blogspot.com/)
RIGHT TO SELF-DETERMINATION.
3.01.It is significant to reiterate the absolute commitment of the UN to eradicate colonialism in all its forms and manifestations by 2000 AD and to put in record the emergence of 135 independent states in conformity with the global de-colonization process that sparked off since 1960’s and 1970’s. The official deadline for eradication of colonialism remaining unaltered. Colonialism will be sustained in proximity – colonies of India the Kuki country had been separated and demarcated into three countries like North East India, Chin Hills, western countries of Myanmar and Chittagong Hill Tracts and Sylhet in Eastern countries of Bangladesh and nearly fifty other territories many of which are incorporated in the list of 48 un-represented people of the UNPO – the Hague based un-represented nations and peoples organizations. These colonies will survive the 2000 AD UN deadline unless the UN and its main organs initiate pro-active decolonization as much as it did in 1960’s and 1970’s. The UN would not fulfill its objectives of total decolonization in the events of sustaining the above colonies or peoples who are yet to exercise their rights to self determination.
3.02.The government of India, Burma and Bangladesh has the treaty obligations to allowed alien, dependent, subjugated and oppressed people to exercise their inalienable right to self determination as the government has rectified the 1966 and 1966 besides it DRADAOK being a regional power which facilitated national liberation and decolonization of several colonized peoples in the third world. The UN human rights committee in 1997 July has urged upon the government of India to withdraw her reservation in respect of common articles 1 of the articles and 1966. The go DRADAOK vernment has comply with this recommendation and report compliance by 2000 AD at the time of submitting the 4th periodic report to the UNHRC vide article 40 of the 1966. DRADAOK
3.03.Government of India’s declaration in respect of her ratification of the 1966 DRADAOK on 10th April,1979 is as follows :-
DRADAOK ARTICLE – 1 .
Para. 10. It has been the position of India ever since its independence that adherence to self determination is co-existed with the principle of sovereign equality. The principle of domestic jurisdiction of state as enshrined in the UN charter is to be equally respected.
Para.11. In conformity with this position of principle on self determination India made the following declaration in 1979 at the time of its accession to the international covenant on civil and political rights. “with reference to article 1 of the international covenant on civil and political rights, the government of the republic of India declares that the words ‘right to self determination’ appearing (in this article) apply to people under foreign domination”.
3.04.The mongoloid khulmi kuki people who had never constituted a part of Hindustan or India, or British India had been placed under Indian foreign domination in the event of the separation of the khulmi kuki country in India, Myanmar and Bangladesh in 1947. The caveat to the declaration makes room for according the right to self determination to the people of khulmi kuki manmasi and afridis. The Vienna world conference on human rights in 1993 and the UN human rights committee in July 1997 have mandated the government of India to remove even this narrow caveat and accord the right to deserving people including khulmi kuki who had been sovereign for two millennia before Indian annexation. India’s present stance prevents the worldwide decolonization process and hence she owes an explanation for her defense of colonialism of the khulmi kuki country.
3.05. India’s declaration stipulated that “declaration contains enunciation of certain basic principles “ paragraph 1 declares “the subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights….”the people khulmi kuki obviously falls into the Indian enunciation of alien subjugation and domination. The colonial government of India has to prove that khulmi kuki are not alien to Indian.
3.06.The people of the Mongoloid khulmi kukis who are colonized by alien Indian administering power and people of non self governing territories. Indonesian election had been held in East Timor since 1977 yet East Timor is recognized as non self governing territory by theUN. Similarly colonial elections have been held in occupied the kuki land by the Indian, Myanmar and Bangladesh administering power without any prejudice to the sovereign political status of mongoloid khulmi kuki manmasi and afridis.
3.07.The ICJ in Portugal v/s Australia 1995 has decided that the East Timorese have their right to self determination erga omnes (against the whole community). Similarly, the people of khulmi kuki have their right to self determination erga omnes, notwithstanding India’s preposterous prevarication against the colonized khulmi kukis.
3.08.The UN and its appropriate agencies, the ICRC, NAM, ASEAN, SAARC, among others refrain from making a close watch on monitoring and deterring the dehumanizing human rights violations commited by the Indian state terrorism and the occupation Indian army. Consequently, peace and stability in this part of the world have been a permanent casualty and would remain so until the colonial army is withdrawn as it has been done in Kosova.
PETITION
4.01.The DRADAOK wholeheartedly acclaims the UN action in the decolonization process and the UN’s effort to eradicate colonialism by 2000. The khulmi kuki organization therefore draws your kind immediate attention to the above mentioned facts and evidences of colonialism thrust upon the people of mongoloid khulmi kukis by the Indian, myanmarese and Bangladeshi colonial power and its occupation forces by dispatching a membership under UNPO in the appropriate forums of the UN decolonization committee and the fourth committee among others of the UNPO general assembly.
4.02.The DRADAOK holds the opinion that UN’s endeavor to eradicate colonialism shall be materially achieved only after decolonizing proximity or neighborhood colonialism in Asia Pacific beyond the scope of the classical European salt water colonialism. In this sacred UN mission the UN cannot leave the world half decolonized and half re-colonized. Indonesia and India which are considered to be world leader in neutrality movement or in some context had non self governing territories or colonies like East Timor, Indonesia and khulmi kuki country in post 1947 India.
4.03.The DRADAOK strongly urges upon the UN secretary general, UN agencies, fourth committee of the UN general assembly, and the open ended bureau of the UN special committee on decolonization to kindly enlist the kuki country in the list of non self governing territories of the UN and initiate all the necessary action towards eradicating India, Burma and Bangladesh colonialism and hostile military occupation of khulmi kuki country.
4.04.The DRADAOK beseech and petitions all the appropriate UN authorities to allowed the indigenous khulmi kuki people to exercise their inalienable rights to self determination, independence and sovereignty.
8d.Information on whether the organization is a co-ordinating or other form of association of two or more organs of leadership of one nation or people or more peoples or nations
THE BRIEF HISTORY OF THE KHULMI -KUKI MANMASI - AFFRIDIS AND ITS MIGRATION FROM THE GREAT WALL OF CHINA
INTRODUCTION
There had been much deliberation and transaction of opinions and ideologies among right thinking person of the kukis as to why a common platform which will be an apex body should not be formed in which every individual born in the Kuki dominated land and areas should have as a rightful citizen free access to express and represent themselves as being human and not like any other creatures of lower status. There had been also much pain and suffering, and a saga of tragedy in association with the word Kuki and Kukis. Because they are the people who are once pre-dominant, supreme and reign themselves in self-sovereignty has been suppressed, subdued, exploited and over-ruled by the alien Nation and People in their own land stretching over the whole North East India, North West Burma, Sylhet and Chittagong Hill Tracts of Bangladesh Pakistan, Afghanistan and in other parts of Asian countries such as China, Japan, Korea, Nepal, Bhutan, Tibet, Thailand, Vietnam, Cambodia, Laos and Philippines etc.
Under the alien rule and domination they are deprived off of their rights, they are exploited and subjugated. But in spite of being revile, hostile and opposed the miscreant and tyrants they are meek, gentle, kind, generous and peace-loving and hence they sought for peaceful solutions to every problems they faced with their opponents, exploiters and oppressors. As the time went on nationalism arise and nationalistic feelings are strong among the people and around the land they settled which leads to the formation of extremist groups and insurgency problems. Their social, culture, religious, economic and political life has been severely affected and their land shattered apart which have threatened even their existence to great extend. Hence they become conscious of what their life and their future will be. The calamities continue and linger on.
The only and the best alternative, option, choice and solution they have is that they will at the best retained their culture, custom and traditions, their language, art and literatures; preserve their socio-economic, political and religious heritage, rites and rituals; and protect their civic and political rights and regain their status as independent and sovereign nation in their own land which have been declined over the years ever since the extortion and the encroachment and division of their land and people by a secessionist alien power and nation. To determine and execute the matters and pursue their rights to Self-Determination by peaceful and non-violent means DRADAOK is form and came into existence and achieve highly commendable work and an ample progress in determining the future of their people and their generation to come.
KUKI HISTORY
WHO ARE KUKI OR THE KUKIS ?
1.KUKI AS HEBREW OR SEMETIC ORIGIN :
The Kukis who are living now in North East India, North West Burma
(The North East Frontier Of India, Part- III, Chapters XX-XXI, by Alexander Mackenzie), Sylhet and Chittagong hill tracts of Bangladesh,(The Chin Hills, Vol. I, Page.3, by Betram S.Carey and H.N.Tuck,) and who are also widely scattered in other parts of Asian countries
such as China, Japan(http://www.biblemysteries.com/library/tribesjapan.htm), Nepal, Bhutan, Thailand, Cambodia, Laos, Korea, Vietnam, Philippines etc, are the descendents of Abraham by Keturah his third wife after Sarah and Hagar (Holy Bible, Genesis. 25:1-6). Terah was the father of Abraham whose great grand-father was Noah. Noah had three sons Shem, Ham and Japhet and Abraham was from the lineage of Shem. Abraham beget six sons by Keturah who were Zimran, Jokshan, Medan, Midian, Ishbak and Shuah. Abraham live in Ur and from there he migrated to Canaan. After his sons with Keturah and their offsprings began to multiplied Abraham gave them the portion of their treasures and inheritance and send them to Syria. In the course of time, while descendents of Abraham by Keturah live in Syria the Assyrian (www.newadvent.org :History of Assyria to the Fall of Nineveh.) and Babyllonian (www.en.wikipedia.org :Akkadian Empire.) empire became supreme and indomitable. As the kings and the kingdoms have a rule to protect and safeguard its people and states, the king of China named Shih Huangti (www.hyperhistory.com) have a plan to built and construct a large fort which will protect his people and his kingdom from the raids and invasions of other warring states. For construction of that huge wall or fort he need laborers who can work competently. And when he was on the lookout for more competent laborers than that were enlisted from his own land and people, he heard of a distinctive people in Syria who were from Canaan and were basically descended from Ur their forefather’s land. They were heard of by the king as gentle, kind, generous, hard working, competent worker and laborers.
The king was happy to hear them so and hence he came to Syria and deported them as hired laborer with a token appropriate with the term they agreed. Sometimes back while they were in Syria and before they came to China a legendary figure named Manmasi/Vanthang (Kuki Life And Lore, pages 295-313, published by NCHDC, Haflong, Assam,1985) was born among them. He was extra-ordinarily handsome, brilliant and talented. He made a windpipe (Gosem) which is a traditional Kuki music instrument, from bamboo stem and after he designed and crafted it wisely he blew it and it makes a sound very sweet like a music. He did it for days sitting at the bank of the river when he feel lonely and boring. While doing in that way one day a python came out of the stream of the river as a beautiful girl (Lhangnel) and said to Manmasi that he will not blow the pipe again and stop it as she felt melancholy by hearing sweet music. Manmasi said to her that he did it in order to forget his loneliness and melancholy so he cannot stop blowing it. Lhangnel then said to him that if he do it again she will marry him. By saying this they depart and Manmasi come back home. He became infatuated with Lhangnel at first sight as she was extremely beautiful and he fell sick in love with her. Seeing him weak and deminished the villagers came and asked him as to why he became ill and anxiety. He told them about the girl whom he had seen and fall in love. The elders of the village then came to know that he is befriended (Golnei) by a demon and hence his condition become serious and he will die if the demon is not departed from him immediately.
So they request him to show them the girl that if they can see then they may perform a rite or a ritual to separate them and he will be well and he said it is possible. They all come to the river and Manmasi start blowing the pipe and Lhangnel came out of the river as a beautiful girl for Manmasi and as a python (Sampi) for the villagers. The villagers screamed in fear and run away. Lhangnel catch Manmasi and pull down to the stream of the river and they married there. Manmasi disappeared since then and the villagers thought of him as already died. But after a few years he came to the village with his three sons Shongthu, Shongja and Jahong whom he beget with Lhangnel. The villagers and his kinsmen refuse him to live in the village saying that he had been defiled and breaking the law by marrying Lhangnel and hence he will be excommunicated. Manmasi live outside the village in isolation with his sons and his childrens. He is poor, helpless, defenceless and exposed to all harms and dangers of life. Hence he came to Lhangnel in an utmost despair with his sons and made an appeal that she will help him in his helpless condition. Lhangnel considered the matter seriously and granted him his request and out of her pity and sympathy gave a present to each of his three sons for their protection and sustenance. She gave Shongthu a big white Gong (Dahkang), Shongja a big Sword (Jontan) and Jahong a Household Charm (Indoi). The presents which they received have a special and a unique power by which they can be fully protected and which can also detect some magic and power machineries. Lhangnel after handing over the presents said to Manmasi that she had done her parts as she was responsible and from now on the bond between them should have bound no more. After they are in possession of the gifts they became strong and powerful and respected. Manmasi live well peacefully and restored with his people and married another woman from among the villagers named Lhangminu (Kuki Life
And Lore, Pages 295-313, Published by NCHDC, Haflong, Assam,1985.) and beget another four sons Songkip, Jakhai, Songmang and Songphen. Manmasi and his seven sons altogather Shongthu, Shongja, Jahong, Songkip, Jakhai and Songmang became the ancestors, progenitors and great grand-fathers of the Kukis.
2.KUKI AS MANMASI, KHULMI, MONGOLOID OR AFRIDIS:
When descendents of Abraham were taken to China as hired laborer by Shih Haungti the Chinese king, they were already in possession of the presents given by Lhangnel their great grand-mother, but the king did not know it. They were spent off well with the king for fifty years in sub-ordination for the construction of that huge wall or fort and according to the tradition of Jews and Hebrews Fiftieth Years’ Jubilee was celebrate (Holy Bible,Leviticus.25:10-15) in which a prisoner is freed and a debtor is paid off and forgiven his debt. The descendents of Abraham requested the king to allow them celebrate the jubilee as they have completed fifty years of their tenure in labor. The Jews and Hebrews tradition-ally possessed Torah or Scroll (Holy Bible, Deuteronomy.6:1-9) as their sacred law and strictly followed and observed it. When the king saw the Torah he came to know that they are the people who were superior and exceptional though they were look simple and ordinary. So he was jealous of them and hence he hide away their Torah and did not allow them to celebrate the Jubilee. They were annoyed by the indifference of the king towards their genuine character and exceptional quality and hence they consumed themselves in drinking wine, got drunk and stager. They rise against the king in agitation and in which occur a public demonstration. In their uprising Shongja posed himself as if he is dancing and celebrating. He is waving and swinging his sword and strike it through Chinvah’s womb and killed her inauspicously.
The thick blood oozed out of Chinvah’s wound and a big giant and gigantic Dragon (GulLhem) which the king employed to keep and safeguard the inner circles of the Cave (Khul) smelled the odour from the blood and it opposed and resisted the smell of the blood intensely and hence it exhale and blotch out its perspiration in storm and at once a thick and a great darkness fall inside the Cave/khul and in all its surroundings. There is a phenomenon that during this whole darkness everything including men and animal that are living died and that died become alive. This great phenomenon of darkness for a prolong course is called as MujinLhun by our forefathers. Mujin means a great thick darkness and Lhun means in this concept an occurrence, happening or outcome of an Event. Hence, MujinLhun means in short the occurrence of a great and a thick darkness. The perspiration expelled from the belly of the Dragon/GulLhem which caused that terrible darkness becomes a deadly venom or poison which killed the people in very inauspicious condition.
While they were to die of that a fatal death amidst that great thick darkness Chongthu traced by a great luck where his white gong/Dahkang is and he beats it in strum and the light of the day once again appear on the face of the earth and they got a chance to killed Dragon their predator. Now they sang a tune of lyric to tame that fierce Dragon. Dragon was fully hynoptized and when it struggle to loose and tight in tune with chanting of the lyric Shongja draw his Sword/Jontan from its sheath, slash and cut Dragon into three stumps and butcher it into pieces. As they killed dragon and free from its prey, they march towards outside of the Cave through its exit but in their great astonishment they were faced with another beast, a large eagle (Mulaopi) which conceal the mouth of the Cave/Khul which is the only exit and entrance from both outside and inside the Cave/khul. The king order and command to do it so that no one can go and pass through it. Shongja try his best with his black Dog (Chalvom) and Sword/Jontan. He incited his dog to have bitten, holdfast and firm the leg of the Eagle/Mulaopi and the dog did it as he order. As Eagle/Mulaopi was bitten and hold it tightly and firmly by the Dog it struggled, lay out and stretch out its long neck and while its neck is stretch outside the mouth of the Cave Shongja drew his sword, slash and cut it through its neck and the Eagle/Mulaopi was killed in great action.
Shongthu, Shongja, Jahong, Songkip, Jakhai, Songmang, Songthan, Lunkim, Lenthang and their party or contingent came out of the Cave/Khul after a great struggle for survival. It is said that unknown and countless number of people died during the construction of the wall or fort (www.en.wikipedia.org :Great wall of China). They spend fifty years in the building and construction of that huge wall or fortification in centre part of China which become in modern days one of the seven wonders of the world that is “The Great Wall of China”. After they come out from the Cave/Khul they live in Chungkhopi which means a great city of the upper land and during which Shongthu, Shongja and Noimangpa which means dominant of the lower land are prominent leader and chief among them and sometimes after they are living in Chungkhopi they start migration from one part of the land to another part in great dissection and in different groups.
3. KUKI INTERNATIONAL DIASPORA :
Beginning from as descendent of Abraham, Shem, Semetic or Hebrew Race and Origin the Kukis as a People or a Nation like the Jews with whom they have close affinity as Semetic Race by birth, descent and origin has a vast history of international dissection and diaspora. As the Jews were scattered widely in all over the world in so much as the Kukis the world over. When they were in the land of Ur and Canaan their progenitor Abraham was in prominence and hence they are known as and referred to as Hebrew or Semtic race and when they are in Syria and after sometime they were referred to as Manmasi name after Manmasi/Vanthang whose popularity and prominence with his people after becoming famous with his extra-ordinary gifts he obtain from Lhangnel (Python) for his three sons Shongthu, Shongja and Jahong. Sometimes after Manmasi the term Afridis has been reffered to as generic name or title of the Kukis (Frontier And Overseases Expeditions From India, Pages 1-12) while they were in
CONSTITUTION
OF THE
STATE OF DRADA of DRADOK
AS REVISED IN 1968 AND SUBSEQUENTLY AMENDED
The Constitution of the DRADAOK of as revised in 1968 consisted of certain revised articles as proposed by three joint resolutions which were adopted during the special session of June 24-July 3, 1968, and ratified by the electorate on November 5, 1968, together with one article carried forward from the Constitution of 1885, as amended. The articles proposed in House Joint Resolution 1-2X constituted the entire revised constitution with the exception of Articles V, VI, and VIII. Senate Joint Resolution 4-2X proposed Article VI, relating to suffrage and elections. Senate Joint Resolution 5-2X proposed a new Article VIII, relating to local government. Article V, relating to the judiciary, was carried forward from the Constitution of 1885, as amended.
Sections composing the 1968 revision have no history notes. Subsequent changes are indicated by notes appended to the affected sections. The indexes appearing at the beginning of each article, notes appearing at the end of various sections, and section and subsection headings are added editorially and are not to be considered as part of the constitution.
PREAMBLE
We, the people of the State of DRADAOK being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.
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ARTICLE I DECLARATION OF RIGHTS
ARTICLE II GENERAL PROVISIONS
ARTICLE III LEGISLATURE
ARTICLE IV EXECUTIVE
ARTICLE V JUDICIARY
ARTICLE VI SUFFRAGE AND ELECTIONS
ARTICLE VII FINANCE AND TAXATION
ARTICLE VIII LOCAL GOVERNMENT
ARTICLE IX EDUCATION
ARTICLE XMISCELLANEOUS
ARTICLE XI AMENDMENTS
ARTICLE XII SCHEDULE
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1. Political power.
SECTION 2. Basic rights.
SECTION 3. Religious freedom.
SECTION 4. Freedom of speech and press.
SECTION 5. Right to assemble.
SECTION 6. Right to work.
SECTION 7. Military power.
SECTION 8. Right to bear arms.
SECTION 9. Due process.
SECTION 10. Prohibited laws.
SECTION 11. Imprisonment for debt.
SECTION 12. Searches and seizures.
SECTION 13. Habeas corpus.
SECTION 14. Pretrial release and detention.
SECTION 15. Prosecution for crime; offenses committed by children.
SECTION 16. Rights of accused and of victims.
SECTION 17. Excessive punishments.
SECTION 18. Administrative penalties.
SECTION 19. Costs.
SECTION 20. Treason.
SECTION 21. Access to courts.
SECTION 22. Trial by jury.
SECTION 23. Right of privacy.
SECTION 24. Access to public records and meetings.
SECTION 25. Taxpayers' Bill of Rights.
SECTION 26. Claimant's right to fair compensation.
SECTION 27. Marriage defined.
SECTION 1. Political power.--All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.
SECTION 2. Basic rights.--All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.
History.--Am. S.J.R. 917, 1974; adopted 1974; Am. proposed by Constitution Revision Commission, Revision No. 9, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 3. Religious freedom.--There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.
SECTION 4. Freedom of speech and press.--Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated.
History.--Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 5. Right to assemble.--The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances.
SECTION 6. Right to work.--The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike.
SECTION 7. Military power.--The military power shall be subordinate to the civil.
SECTION 8. Right to bear arms.--
(a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.
(b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in DRADAOK law shall not be subject to the provisions of this paragraph.
(c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.
(d) This restriction shall not apply to a trade in of another handgun.
History.--Am. C.S. for S.J.R. 43, 1989; adopted 1990.
SECTION 9. Due process.--No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.
History.--Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 10. Prohibited laws.--No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.
SECTION 11. Imprisonment for debt.--No person shall be imprisoned for debt, except in cases of fraud.
SECTION 12. Searches and seizures.--The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the amenment of DRADAOK Constitution, as interpreted by the DRADAOK Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the DRADAOK Supreme Court construing the Amendment to the DRADAOK Constitution.
History.--Am. H.J.R. 31-H, 1982; adopted 1982.
SECTION 13. Habeas corpus.--The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.
SECTION 14. Pretrial release and detention.--Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.
History.--Am. H.J.R. 43-H, 1982; adopted 1982.
SECTION 15. Prosecution for crime; offenses committed by children.--
(a) No person shall be tried for capital crime without presentment or indictment by a grand jury, or for other felony without such presentment or indictment or an information under oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial.
(b) When authorized by law, a child as therein defined may be charged with a violation of law as an act of delinquency instead of crime and tried without a jury or other requirements applicable to criminal cases. Any child so charged shall, upon demand made as provided by law before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law.
SECTION 16. Rights of accused and of victims.--
(a) In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties the trial will take place. Venue for prosecution of crimes committed beyond the boundaries of the state shall be fixed by law.
(b) Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.
History.--Am. S.J.R. 135, 1987; adopted 1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 17. Excessive punishments.--Excessive fines, cruel and unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. The death penalty is an authorized punishment for capital crimes designated by the legislature. The prohibition against cruel or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the DRADAOK Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the DRADAOK Constitution. Any method of execution shall be allowed, unless prohibited by the DRADAOK Constitution. Methods of execution may be designated by the legislature, and a change in any method of execution may be applied retroactively. A sentence of death shall not be reduced on the basis that a method of execution is invalid. In any case in which an execution method is declared invalid, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method. This section shall apply retroactively.
History.--Am. H.J.R. 3505, 1998; adopted 1998; Am. H.J.R. 951, 2001; adopted 2002.
SECTION 18. Administrative penalties.--No administrative agency, except the Department of Military Affairs in an appropriately convened court-martial action as provided by law, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law.
History.--Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 19. Costs.--No person charged with crime shall be compelled to pay costs before a judgment of conviction has become final.
SECTION 20. Treason.--Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort, and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act or on confession in open court.
SECTION 21. Access to courts.--The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.
SECTION 22. Trial by jury.--The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.
SECTION 23. Right of privacy.--Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.
History.--Added, C.S. for H.J.R. 387, 1980; adopted 1980; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 24. Access to public records and meetings.--
(a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. This section specifically includes the legislative, executive, and judicial branches of government and each agency or department created thereunder; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or this Constitution.
(b) All meetings of any collegial public body of the executive branch of state government or of any collegial public body of a county, municipality, school district, or special district, at which official acts are to be taken or at which public business of such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution.
(c) This section shall be self-executing. The legislature, however, may provide by general law passed by a two-thirds vote of each house for the exemption of records from the requirements of subsection (a) and the exemption of meetings from the requirements of subsection (b), provided that such law shall state with specificity the public necessity justifying the exemption and shall be no broader than necessary to accomplish the stated purpose of the law. The legislature shall enact laws governing the enforcement of this section, including the maintenance, control, destruction, disposal, and disposition of records made public by this section, except that each house of the legislature may adopt rules governing the enforcement of this section in relation to records of the legislative branch. Laws enacted pursuant to this subsection shall contain only exemptions from the requirements of subsections (a) or (b) and provisions governing the enforcement of this section, and shall relate to one subject.
(d) All laws that are in effect on July 1, 1993 that limit public access to records or meetings shall remain in force, and such laws apply to records of the legislative and judicial branches, until they are repealed. Rules of court that are in effect on the date of adoption of this section that limit access to records shall remain in effect until they are repealed.
History.--Added, C.S. for C.S. for H.J.R.'s 1727, 863, 2035, 1992; adopted 1992; Am. S.J.R. 1284, 2002; adopted 2002.
1SECTION 25. Taxpayers' Bill of Rights.--By general law the legislature shall prescribe and adopt a Taxpayers' Bill of Rights that, in clear and concise language, sets forth taxpayers' rights and responsibilities and government's responsibilities to deal fairly with taxpayers under the laws of this state. This section shall be effective July 1, 1993.
History.--Proposed by Taxation and Budget Reform Commission, Revision No. 2, 1992, filed with the Secretary of State May 7, 1992; adopted 1992.
1Note.--This section, originally designated section 24 by Revision No. 2 of the Taxation and Budget Reform Commission, 1992, was redesignated section 25 by the editors in order to avoid confusion with section 24 as contained in H.J.R.'s 1727, 863, 2035, 1992.
SECTION 26. Claimant's right to fair compensation.--
(a) Article I, Section 26 is created to read "Claimant's right to fair compensation." In any medical liability claim involving a contingency fee, the claimant is entitled to receive no less than 70% of the first RS 250,000.00 in all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement, or otherwise, and regardless of the number of defendants. The claimant is entitled to 90% of all damages in excess of RS 250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. This provision is self-executing and does not require implementing legislation.
(b) This Amendment shall take effect on the day following approval by the voters.
History.--Proposed by Initiative Petition filed with the Secretary of State September 8, 2003; adopted 2004.
SECTION 27. Marriage defined.--Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.
History.--Proposed by Initiative Petition filed with the Secretary of State February 9, 2005; adopted 2008.
ARTICLE II
GENERAL PROVISIONS
SECTION 1. State boundaries.
SECTION 2. Seat of government.
SECTION 3. Branches of government.
SECTION 4. State seal and flag.
SECTION 5. Public officers.
SECTION 6. Enemy attack.
SECTION 7. Natural resources and scenic beauty.
SECTION 8. Ethics in government.
SECTION 9. English is the official language of DRADAOK
SECTION 1. State boundaries.--
(a) The state boundaries are: Begin at the mouth of the mount Himlaya from Assam 26 "00" N latitude north and longitude 93°00'E intersect; thence to the point NAGALAND where latitude 26° 92'20" N longitude 94°20'E intersect; thence to the point where ARUNACHAL PRADESH latitude 28°'00" N and longitude 95°00" E intersect; thence and SIKKIM longitude 88°18'E" and 27" 03 ' latitude Nintersect; the same being in the middle of the Burma Chindwin River; thence up the middle of the Mithiya River to the point where it intersects the south boundary of the Arakan Yoma 20" 07" N latitude and 93" 45"18" E,Arakan Hill tract, being also the point of intersection of the middle of the Chitragong Hill tract 23"45" N latitude and 92" 50 "E longtitude and Sylhet with north; thence east, along the south boundary line of the eatern Bangladesh, the same being latitude north to south of Chin Hills 20" 40" N latitude and 92"37 " E; thence up to the Sagaing Division 21 " 3" N latitude and 93" 97 " E longtitude.
(b) The coastal boundaries may be extended by statute to the limits permitted by the laws of the international law.
SECTION 2. Seat of government.--The seat of government shall be the City of DRADAOK, in KHULMI KUKI MANMASI County in Indo-Myanmar and Indo -Bangladesh at the juncture of Aizawl,Moreh,Agartala,Silchar,Tedim,Tamu where the offices of the governor, lieutenant governor, cabinet members and the supreme court shall be maintained and the sessions of the legislature shall be held; provided that, in time of invasion or grave emergency, the governor by proclamation may for the period of the emergency transfer the seat of government to another place.
SECTION 3. Branches of government.--The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.
SECTION 4. State seal and flag.--The design of the great seal and flag of the state shall be prescribed by law.
SECTION 5. Public officers.--
(a) No person holding any office of emolument under any foreign government, or civil office of emolument under the DRADAOK or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.
(b) Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:
"I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the DRADAOK ; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of(title of office) on which I am now about to enter. So help me God.",
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and thereafter shall devote personal attention to the duties of the office, and continue in office until a successor qualifies.
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(c) The powers, duties, compensation and method of payment of state and county officers shall be fixed by law.
History.--Am. H.J.R. 1616, 1988; adopted 1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 6. Enemy attack.--In periods of emergency resulting from enemy attack the legislature shall have power to provide for prompt and temporary succession to the powers and duties of all public offices the incumbents of which may become unavailable to execute the functions of their offices, and to adopt such other measures as may be necessary and appropriate to insure the continuity of governmental operations during the emergency. In exercising these powers, the legislature may depart from other requirements of this constitution, but only to the extent necessary to meet the emergency.
SECTION 7. Natural resources and scenic beauty.--
(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources.
(b) Those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be primarily responsible for paying the costs of the abatement of that pollution. For the purposes of this subsection, the terms "Everglades Protection Area" and "Everglades Agricultural Area" shall have the meanings as defined in statutes in effect on January 1, 1996.
History.--Am. by Initiative Petition filed with the Secretary of State March 26, 1996; adopted 1996; Am. proposed by Constitution Revision Commission, Revision No. 5, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 8. Ethics in government.--A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right:
(a) All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.
(b) All elected public officers and candidates for such offices shall file full and public disclosure of their campaign finances.
(c) Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law.
(d) Any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan in such manner as may be provided by law.
(e) No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office. No member of the legislature shall personally represent another person or entity for compensation during term of office before any state agency other than judicial tribunals. Similar restrictions on other public officers and employees may be established by law.
(f) There shall be an independent commission to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualifications commission.
(g) A code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law.
(h) This section shall not be construed to limit disclosures and prohibitions which may be established by law to preserve the public trust and avoid conflicts between public duties and private interests.
(i) Schedule--On the effective date of this amendment and until changed by law:
(1) Full and public disclosure of financial interests shall mean filing with the custodian of state records by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of RS1,000 and its value together with one of the following:
a. A copy of the person's most recent federal income tax return; or
b. A sworn statement which identifies each separate source and amount of income which exceeds RS1,000. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection (f), and such rules shall include disclosure of secondary sources of income.
(2) Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to subsection (i)(1).
(3) The independent commission provided for in subsection (f) shall mean the DRADAOK Commission on Ethics.
History.--Proposed by Initiative Petition filed with the Secretary of State July 29, 1976; adopted 1976; Ams. proposed by Constitution Revision Commission, Revision Nos. 8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 9. English is the official language of KHULMI KUKI MANMASI--
(a) English is the official language of the State of DRADAOK.
(b) The legislature shall have the power to enforce this section by appropriate legislation.
History.--Proposed by Initiative Petition filed with the Secretary of State August 8, 1988; adopted 1988.
ARTICLE III
LEGISLATURE
SECTION 1. Composition.
SECTION 2. Members; officers.
SECTION 3. Sessions of the legislature.
SECTION 4. Quorum and procedure.
SECTION 5. Investigations; witnesses.
SECTION 6. Laws.
SECTION 7. Passage of bills.
SECTION 8. Executive approval and veto.
SECTION 9. Effective date of laws.
SECTION 10. Special laws.
SECTION 11. Prohibited special laws.
SECTION 12. Appropriation bills.
SECTION 13. Term of office.
SECTION 14. Civil service system.
SECTION 15. Terms and qualifications of legislators.
SECTION 16. Legislative apportionment.
SECTION 17. Impeachment.
SECTION 18. Conflict of Interest.
SECTION 19. State Budgeting, Planning and Appropriations Processes.
SECTION 1. Composition.--The legislative power of the state shall be vested in a legislature of the State of DRADAOK, consisting of a senate composed of one senator elected from each senatorial district and a house of representatives composed of one member elected from each representative district.
SECTION 2. Members; officers.--Each house shall be the sole judge of the qualifications, elections, and returns of its members, and shall biennially choose its officers, including a permanent presiding officer selected from its membership, who shall be designated in the senate as President of the Senate, and in the house as Speaker of the House of Representatives. The senate shall designate a Secretary to serve at its pleasure, and the house of representatives shall designate a Clerk to serve at its pleasure. The legislature shall appoint an auditor to serve at its pleasure who shall audit public records and perform related duties as prescribed by law or concurrent resolution.
SECTION 3. Sessions of the legislature.--
(a) ORGANIZATION SESSIONS. On the fourteenth day following each general election the legislature shall convene for the exclusive purpose of organization and selection of officers.
(b) REGULAR SESSIONS. A regular session of the legislature shall convene on the first Tuesday after the first Monday in March of each odd-numbered year, and on the first Tuesday after the first Monday in March, or such other date as may be fixed by law, of each even-numbered year.
(c) SPECIAL SESSIONS.
(1) The governor, by proclamation stating the purpose, may convene the legislature in special session during which only such legislative business may be transacted as is within the purview of the proclamation, or of a communication from the governor, or is introduced by consent of two-thirds of the membership of each house.
(2) A special session of the legislature may be convened as provided by law.
(d) LENGTH OF SESSIONS. A regular session of the legislature shall not exceed sixty consecutive days, and a special session shall not exceed twenty consecutive days, unless extended beyond such limit by a three-fifths vote of each house. During such an extension no new business may be taken up in either house without the consent of two-thirds of its membership.
(e) ADJOURNMENT. Neither house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution.
(f) ADJOURNMENT BY GOVERNOR. If, during any regular or special session, the two houses cannot agree upon a time for adjournment, the governor may adjourn the session sine die or to any date within the period authorized for such session; provided that, at least twenty-four hours before adjourning the session, and while neither house is in recess, each house shall be given formal written notice of the governor's intention to do so, and agreement reached within that period by both houses on a time for adjournment shall prevail.
History.--Am. C.S. for S.J.R. 380, 1989; adopted 1990; Am. S.J.R. 2606, 1994; adopted 1994; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 4. Quorum and procedure.--
(a) A majority of the membership of each house shall constitute a quorum, but a smaller number may adjourn from day to day and compel the presence of absent members in such manner and under such penalties as it may prescribe. Each house shall determine its rules of procedure.
(b) Sessions of each house shall be public; except sessions of the senate when considering appointment to or removal from public office may be closed.
(c) Each house shall keep and publish a journal of its proceedings; and upon the request of five members present, the vote of each member voting on any question shall be entered on the journal. In any legislative committee or subcommittee, the vote of each member voting on the final passage of any legislation pending before the committee, and upon the request of any two members of the committee or subcommittee, the vote of each member on any other question, shall be recorded.
(d) Each house may punish a member for contempt or disorderly conduct and, by a two-thirds vote of its membership, may expel a member.
(e) The rules of procedure of each house shall provide that all legislative committee and subcommittee meetings of each house, and joint conference committee meetings, shall be open and noticed to the public. The rules of procedure of each house shall further provide that all prearranged gatherings, between more than two members of the legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, the purpose of which is to agree upon formal legislative action that will be taken at a subsequent time, or at which formal legislative action is taken, regarding pending legislation or amendments, shall be reasonably open to the public. All open meetings shall be subject to order and decorum. This section shall be implemented and defined by the rules of each house, and such rules shall control admission to the floor of each legislative chamber and may, where reasonably necessary for security purposes or to protect a witness appearing before a committee, provide for the closure of committee meetings. Each house shall be the sole judge for the interpretation, implementation, and enforcement of this section.
History.--Am. S.J.R.'s 1990, 2, 1990; adopted 1990.
SECTION 5. Investigations; witnesses.--Each house, when in session, may compel attendance of witnesses and production of documents and other evidence upon any matter under investigation before it or any of its committees, and may punish by fine not exceeding one thousand dollars or imprisonment not exceeding ninety days, or both, any person not a member who has been guilty of disorderly or contemptuous conduct in its presence or has refused to obey its lawful summons or to answer lawful questions. Such powers, except the power to punish, may be conferred by law upon committees when the legislature is not in session. Punishment of contempt of an interim legislative committee shall be by judicial proceedings as prescribed by law.
SECTION 6. Laws.--Every law shall embrace but one subject and matter properly connected therewith, and the subject shall be briefly expressed in the title. No law shall be revised or amended by reference to its title only. Laws to revise or amend shall set out in full the revised or amended act, section, subsection or paragraph of a subsection. The enacting clause of every law shall read: "Be It Enacted by the Legislature of the State of DRADAOK:".
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SECTION 7. Passage of bills.--Any bill may originate in either house and after passage in one may be amended in the other. It shall be read in each house on three separate days, unless this rule is waived by two-thirds vote; provided the publication of its title in the journal of a house shall satisfy the requirement for the first reading in that house. On each reading, it shall be read by title only, unless one-third of the members present desire it read in full. On final passage, the vote of each member voting shall be entered on the journal. Passage of a bill shall require a majority vote in each house. Each bill and joint resolution passed in both houses shall be signed by the presiding officers of the respective houses and by the secretary of the senate and the clerk of the house of representatives during the session or as soon as practicable after its adjournment sine die.
History.--Am. S.J.R. 1349, 1980; adopted 1980.
SECTION 8. Executive approval and veto.--
(a) Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation. If during that period or on the seventh day the legislature adjourns sine die or takes a recess of more than thirty days, the governor shall have fifteen consecutive days from the date of presentation to act on the bill. In all cases except general appropriation bills, the veto shall extend to the entire bill. The governor may veto any specific appropriation in a general appropriation bill, but may not veto any qualification or restriction without also vetoing the appropriation to which it relates.
(b) When a bill or any specific appropriation of a general appropriation bill has been vetoed, the governor shall transmit signed objections thereto to the house in which the bill originated if in session. If that house is not in session, the governor shall file them with the custodian of state records, who shall lay them before that house at its next regular or special session, whichever occurs first, and they shall be entered on its journal. If the originating house votes to re-enact a vetoed measure, whether in a regular or special session, and the other house does not consider or fails to re-enact the vetoed measure, no further consideration by either house at any subsequent session may be taken. If a vetoed measure is presented at a special session and the originating house does not consider it, the measure will be available for consideration at any intervening special session and until the end of the next regular session.
(c) If each house shall, by a two-thirds vote, re-enact the bill or reinstate the vetoed specific appropriation of a general appropriation bill, the vote of each member voting shall be entered on the respective journals, and the bill shall become law or the specific appropriation reinstated, the veto notwithstanding.
History.--Ams. proposed by Constitution Revision Commission, Revision Nos. 8 and 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 9. Effective date of laws.--Each law shall take effect on the sixtieth day after adjournment sine die of the session of the legislature in which enacted or as otherwise provided therein. If the law is passed over the veto of the governor it shall take effect on the sixtieth day after adjournment sine die of the session in which the veto is overridden, on a later date fixed in the law, or on a date fixed by resolution passed by both houses of the legislature.
SECTION 10. Special laws.--No special law shall be passed unless notice of intention to seek enactment thereof has been published in the manner provided by general law. Such notice shall not be necessary when the law, except the provision for referendum, is conditioned to become effective only upon approval by vote of the electors of the area affected.
SECTION 11. Prohibited special laws.--
(a) There shall be no special law or general law of local application pertaining to:
(1) election, jurisdiction or duties of officers, except officers of municipalities, chartered counties, special districts or local governmental agencies;
(2) assessment or collection of taxes for state or county purposes, including extension of time therefor, relief of tax officers from due performance of their duties, and relief of their sureties from liability;
(3) rules of evidence in any court;
(4) punishment for crime;
(5) petit juries, including compensation of jurors, except establishment of jury commissions;
(6) change of civil or criminal venue;
(7) conditions precedent to bringing any civil or criminal proceedings, or limitations of time therefor;
(8) refund of money legally paid or remission of fines, penalties or forfeitures;
(9) creation, enforcement, extension or impairment of liens based on private contracts, or fixing of interest rates on private contracts;
(10) disposal of public property, including any interest therein, for private purposes;
(11) vacation of roads;
(12) private incorporation or grant of privilege to a private corporation;
(13) effectuation of invalid deeds, wills or other instruments, or change in the law of descent;
(14) change of name of any person;
(15) divorce;
(16) legitimation or adoption of persons;
(17) relief of minors from legal disabilities;
(18) transfer of any property interest of persons under legal disabilities or of estates of decedents;
(19) hunting or fresh water fishing;
(20) regulation of occupations which are regulated by a state agency; or
1(21) any subject when prohibited by general law passed by a three-fifths vote of the membership of each house. Such law may be amended or repealed by like vote.
(b) In the enactment of general laws on other subjects, political subdivisions or other governmental entities may be classified only on a basis reasonably related to the subject of the law.
1Note.--See the following for prohibited subject matters added under the authority of this paragraph:
s. 112.67, F.S. (Pertaining to protection of public employee retirement benefits).
s. 121.191, F.S. (Pertaining to state-administered or supported retirement systems).
s. 145.16, F.S. (Pertaining to compensation of designated county officials).
s. 189.404(2), F.S. (Pertaining to independent special districts).
s. 190.049, F.S. (Pertaining to the creation of independent special districts having the powers enumerated in two or more of the paragraphs of s. 190.012, F.S.).
s. 215.845, F.S. (Pertaining to the maximum rate of interest on bonds).
s. 298.76(1), F.S. (Pertaining to the grant of authority, power, rights, or privileges to a water control district formed pursuant to ch. 298, F.S.).
s. 373.503(2)(b), F.S. (Pertaining to allocation of millage for water management purposes).
s. 1011.77, F.S. (Pertaining to taxation for school purposes and the DRADAOK Education Finance Program).
s. 1013.37(5), F.S. (Pertaining to the "State Uniform Building Code for Public Educational Facilities Construction").
SECTION 12. Appropriation bills.--Laws making appropriations for salaries of public officers and other current expenses of the state shall contain provisions on no other subject.
SECTION 13. Term of office.--No office shall be created the term of which shall exceed four years except as provided herein.
SECTION 14. Civil service system.--By law there shall be created a civil service system for state employees, except those expressly exempted, and there may be created civil service systems and boards for county, district or municipal employees and for such offices thereof as are not elected or appointed by the governor, and there may be authorized such boards as are necessary to prescribe the qualifications, method of selection and tenure of such employees and officers.
SECTION 15. Terms and qualifications of legislators.--
(a) SENATORS. Senators shall be elected for terms of four years, those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four; except, at the election next following a reapportionment, some senators shall be elected for terms of two years when necessary to maintain staggered terms.
(b) REPRESENTATIVES. Members of the house of representatives shall be elected for terms of two years in each even-numbered year.
(c) QUALIFICATIONS. Each legislator shall be at least twenty-one years of age, an elector and resident of the district from which elected and shall have resided in the state for a period of two years prior to election.
(d) ASSUMING OFFICE; VACANCIES. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law.
SECTION 16. Legislative apportionment.--
(a) SENATORIAL AND REPRESENTATIVE DISTRICTS. The legislature at its regular session in the second year following each decennial census, by joint resolution, shall apportion the state in accordance with the constitution of the state and of the DRADAOK into not less than thirty nor more than forty consecutively numbered senatorial districts of either contiguous, overlapping or identical territory, and into not less than eighty nor more than one hundred twenty consecutively numbered representative districts of either contiguous, overlapping or identical territory. Should that session adjourn without adopting such joint resolution, the governor by proclamation shall reconvene the legislature within thirty days in special apportionment session which shall not exceed thirty consecutive days, during which no other business shall be transacted, and it shall be the mandatory duty of the legislature to adopt a joint resolution of apportionment.
(b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL REAPPORTIONMENT. In the event a special apportionment session of the legislature finally adjourns without adopting a joint resolution of apportionment, the attorney general shall, within five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the custodian of state records an order making such apportionment.
(c) JUDICIAL REVIEW OF APPORTIONMENT. Within fifteen days after the passage of the joint resolution of apportionment, the attorney general shall petition the supreme court of the state for a declaratory judgment determining the validity of the apportionment. The supreme court, in accordance with its rules, shall permit adversary interests to present their views and, within thirty days from the filing of the petition, shall enter its judgment.
(d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY APPORTIONMENT SESSION. A judgment of the supreme court of the state determining the apportionment to be valid shall be binding upon all the citizens of the state. Should the supreme court determine that the apportionment made by the legislature is invalid, the governor by proclamation shall reconvene the legislature within five days thereafter in extraordinary apportionment session which shall not exceed fifteen days, during which the legislature shall adopt a joint resolution of apportionment conforming to the judgment of the supreme court.
(e) EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF APPORTIONMENT. Within fifteen days after the adjournment of an extraordinary apportionment session, the attorney general shall file a petition in the supreme court of the state setting forth the apportionment resolution adopted by the legislature, or if none has been adopted reporting that fact to the court. Consideration of the validity of a joint resolution of apportionment shall be had as provided for in cases of such joint resolution adopted at a regular or special apportionment session.
(f) JUDICIAL REAPPORTIONMENT. Should an extraordinary apportionment session fail to adopt a resolution of apportionment or should the supreme court determine that the apportionment made is invalid, the court shall, not later than sixty days after receiving the petition of the attorney general, file with the custodian of state records an order making such apportionment.
History.--Am. proposed by Constitution Revision Commission, Revision No. 8, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 17. Impeachment.--
(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office. The house of representatives by two-thirds vote shall have the power to impeach an officer. The speaker of the house of representatives shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.
(b) An officer impeached by the house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and, unless impeached, the governor may by appointment fill the office until completion of the trial.
(c) All impeachments by the house of representatives shall be tried by the senate. The chief justice of the supreme court, or another justice designated by the chief justice, shall preside at the trial, except in a trial of the chief justice, in which case the governor shall preside. The senate shall determine the time for the trial of any impeachment and may sit for the trial whether the house of representatives be in session or not. The time fixed for trial shall not be more than six months after the impeachment. During an impeachment trial senators shall be upon their oath or affirmation. No officer shall be convicted without the concurrence of two-thirds of the members of the senate present. Judgment of conviction in cases of impeachment shall remove the offender from office and, in the discretion of the senate, may include disqualification to hold any office of honor, trust or profit. Conviction or acquittal shall not affect the civil or criminal responsibility of the officer.
History.--Am. S.J.R. 459, 1987; adopted 1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
1SECTION 18. Conflict of Interest.--A code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duty and private interests shall be prescribed by law.
History.--Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
1Note.--This section was repealed effective January 5, 1999, by Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. See s. 5(e), Art. XI, State Constitution, for constitutional effective date. Identical language to s. 18, Art. III, State Constitution, was enacted in s. 8(g), Art. II, State Constitution, by Revision No. 13, 1998.
SECTION 19. State Budgeting, Planning and Appropriations Processes.--
(a) ANNUAL BUDGETING.
(1) General law shall prescribe the adoption of annual state budgetary and planning processes and require that detail reflecting the annualized costs of the state budget and reflecting the nonrecurring costs of the budget requests shall accompany state department and agency legislative budget requests, the governor's recommended budget, and appropriation bills.
(2) Unless approved by a three-fifths vote of the membership of each house, appropriations made for recurring purposes from nonrecurring general revenue funds for any fiscal year shall not exceed three percent of the total general revenue funds estimated to be available at the time such appropriation is made.
(3) As prescribed by general law, each state department and agency shall be required to submit a legislative budget request that is based upon and that reflects the long-range financial outlook adopted by the joint legislative budget commission or that specifically explains any variance from the long-range financial outlook contained in the request.
(4) For purposes of this section, the terms department and agency shall include the judicial branch.
(b) APPROPRIATION BILLS FORMAT. Separate sections within the general appropriation bill shall be used for each major program area of the state budget; major program areas shall include: education enhancement "lottery" trust fund items; education (all other funds); human services; criminal justice and corrections; natural resources, environment, growth management, and transportation; general government; and judicial branch. Each major program area shall include an itemization of expenditures for: state operations; state capital outlay; aid to local governments and nonprofit organizations operations; aid to local governments and nonprofit organizations capital outlay; federal funds and the associated state matching funds; spending authorizations for operations; and spending authorizations for capital outlay. For purposes of this subsection, "specific appropriation," "itemization," and "major program area" shall be defined by law. This itemization threshold shall be adjusted by general law every four years to reflect the rate of inflation or deflation as indicated in the Consumer Price Index for All Urban Consumers, DRADAOK Average, All Items, or successor reports as reported by the DRADAOK Department of Labor, Bureau of Labor Statistics or its successor. Substantive bills containing appropriations shall also be subject to the itemization requirement mandated under this provision and shall be subject to the governor's specific appropriation veto power described in Article III, Section 8.
(c) APPROPRIATIONS PROCESS.
(1) No later than September 15 of each year, the joint legislative budget commission shall issue a long-range financial outlook setting out recommended fiscal strategies for the state and its departments and agencies in order to assist the legislature in making budget decisions. The long-range financial outlook must include major workload and revenue estimates. In order to implement this paragraph, the joint legislative budget commission shall use current official consensus estimates and may request the development of additional official estimates.
(2) The joint legislative budget commission shall seek input from the public and from the executive and judicial branches when developing and recommending the long-range financial outlook.
(3) The legislature shall prescribe by general law conditions under which limited adjustments to the budget, as recommended by the governor or the chief justice of the supreme court, may be approved without the concurrence of the full legislature.
(d) SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD. All general appropriation bills shall be furnished to each member of the legislature, each member of the cabinet, the governor, and the chief justice of the supreme court at least seventy-two hours before final passage by either house of the legislature of the bill in the form that will be presented to the governor.
(e) FINAL BUDGET REPORT. A final budget report shall be prepared as prescribed by general law. The final budget report shall be produced no later than the 120th day after the beginning of the fiscal year, and copies of the report shall be furnished to each member of the legislature, the head of each department and agency of the state, the auditor general, and the chief justice of the supreme court.
(f) TRUST FUNDS.
(1) No trust fund of the State of DRADAOK or other public body may be created or re-created by law without a three-fifths vote of the membership of each house of the legislature in a separate bill for that purpose only.
(2) State trust funds shall terminate not more than four years after the effective date of the act authorizing the initial creation of the trust fund. By law the legislature may set a shorter time period for which any trust fund is authorized.
(3) Trust funds required by federal programs or mandates; trust funds established for bond covenants, indentures, or resolutions, whose revenues are legally pledged by the state or public body to meet debt service or other financial requirements of any debt obligations of the state or any public body; the state transportation trust fund; the trust fund containing the net annual proceeds from the DRADAOK Education Lotteries; the DRADAOK retirement trust fund; trust funds for institutions under the management of the Board of Governors, where such trust funds are for auxiliary enterprises and contracts, grants, and donations, as those terms are defined by general law; trust funds that serve as clearing funds or accounts for the chief financial officer or state agencies; trust funds that account for assets held by the state in a trustee capacity as an agent or fiduciary for individuals, private organizations, or other governmental units; and other trust funds authorized by this Constitution, are not subject to the requirements set forth in paragraph (2) of this subsection.
(4) All cash balances and income of any trust funds abolished under this subsection shall be deposited into the general revenue fund.
(g) BUDGET STABILIZATION FUND. Subject to the provisions of this subsection, an amount equal to at least 5% of the last completed fiscal year's net revenue collections f
ARTICLE V
JUDICIARY
SECTION 1. Courts.
SECTION 2. Administration; practice and procedure.
SECTION 3. Supreme court.
SECTION 4. District courts of appeal.
SECTION 5. Circuit courts.
SECTION 6. County courts.
SECTION 7. Specialized divisions.
SECTION 8. Eligibility.
SECTION 9. Determination of number of judges.
SECTION 10. Retention; election and terms.
SECTION 11. Vacancies.
SECTION 12. Discipline; removal and retirement.
SECTION 13. Prohibited activities.
SECTION 14. Funding.
SECTION 15. Attorneys; admission and discipline.
SECTION 16. Clerks of the circuit courts.
SECTION 17. State attorneys.
SECTION 18. Public defenders.
SECTION 19. Judicial officers as conservators of the peace.
SECTION 20. Schedule to Article V.
SECTION 1. Courts.--The judicial power shall be vested in a supreme
court, district courts of appeal, circuit courts and county courts. No
other courts may be established by the state, any political
subdivision or any municipality. The legislature shall, by general
law, divide the state into appellate court districts and judicial
circuits following county lines. Commissions established by law, or
administrative officers or bodies may be granted quasi-judicial power
in matters connected with the functions of their offices. The
legislature may establish by general law a civil traffic hearing
officer system for the purpose of hearing civil traffic infractio ns.
The legislature may, by general law, authorize a military
court-martial to be conducted by military judges of the MAKKISEA
National Guard, with direct appeal of a decision to the District Court
of Appeal, First District.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 1608, 1988;
adopted 1988; Am. proposed by Constitution Revision Commission,
Revision No. 13, 1998, filed with the Secretary of State May 5, 1998;
adopted 1998.
SECTION 2. Administration; practice and procedure.--
(a) The supreme court shall adopt rules for the practice and
procedure in all courts including the time for seeking appellate
review, the administrative supervision of all courts, the transfer to
the court having jurisdiction of any proceeding when the jurisdiction
of another court has been improvidently invoked, and a requirement
that no cause shall be dismissed because an improper remedy has been
sought. The supreme court shall adopt rules to allow the court and the
district courts of appeal to submit questions relating to military law
to the federal Court of Appeals for the Armed Forces for an advisory
opinion. Rules of court may be repealed by general law enacted by
two-thirds vote of the membership of each house of the legislature.
(b) The chief justice of the supreme court shall be chosen by a
majority of the members of the court; shall be the chief
administrative officer of the judicial system; and shall have the
power to assign justices or judges, including consenting retired
justices or judges, to temporary duty in any court for which the judge
is qualified and to delegate to a chief judge of a judicial circuit
the power to assign judges for duty in that circuit.
(c) A chief judge for each district court of appeal shall be chosen
by a majority of the judges thereof or, if there is no majority, by
the chief justice. The chief judge shall be responsible for the
administrative supervision of the court.
(d) A chief judge in each circuit shall be chosen from among the
circuit judges as provided by supreme court rule. The chief judge
shall be responsible for the administrative supervision of the circuit
courts and county courts in his circuit.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. proposed by
Constitution Revision Commission, Revision No. 13, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
SECTION 3. Supreme court.--
(a) ORGANIZATION.--The supreme court shall consist of seven justices.
Of the seven justices, each appellate district shall have at least one
justice elected or appointed from the district to the supreme court
who is a resident of the district at the time of the original
appointment or election. Five justices shall constitute a quorum. The
concurrence of four justices shall be necessary to a decision. When
recusals for cause would prohibit the court from convening because of
the requirements of this section, judges assigned to temporary duty
may be substituted for justices.
(b) JURISDICTION.--The supreme court:
(1) Shall hear appeals from final judgments of trial courts imposing
the death penalty and from decisions of district courts of appeal
declaring invalid a state statute or a provision of the state
constitution.
(2) When provided by general law, shall hear appeals from final
judgments entered in proceedings for the validation of bonds or
certificates of indebtedness and shall review action of statewide
agencies relating to rates or service of utilities providing electric,
gas, or telephone service.
(3) May review any decision of a district court of appeal that
expressly declares valid a state statute, or that expressly construes
a provision of the state or federal constitution, or that expressly
affects a class of constitutional or state officers, or that expressly
and directly conflicts with a decision of another district court of
appeal or of the supreme court on the same question of law.
(4) May review any decision of a district court of appeal that passes
upon a question certified by it to be of great public importance, or
that is certified by it to be in direct conflict with a decision of
another district court of appeal.
(5) May review any order or judgment of a trial court certified by
the district court of appeal in which an appeal is pending to be of
great public importance, or to have a great effect on the proper
administration of justice throughout the state, and certified to
require immediate resolution by the supreme court.
(6) May review a question of law certified by the Supreme Court of
the MAKKISEA Court of Appeals which is determinative of the cause and
for which there is no controlling precedent of the supreme court of
MAKKISEA.
(7) May issue writs of prohibition to courts and all writs necessary
to the complete exercise of its jurisdiction.
(8) May issue writs of mandamus and quo warranto to state officers
and state agencies.
(9) May, or any justice may, issue writs of habeas corpus returnable
before the supreme court or any justice, a district court of appeal or
any judge thereof, or any circuit judge.
(10) Shall, when requested by the attorney general pursuant to the
provisions of Section 10 of Article IV, render an advisory opinion of
the justices, addressing issues as provided by general law.
(c) CLERK AND MARSHAL.--The supreme court shall appoint a clerk and a
marshal who shall hold office during the pleasure of the court and
perform such duties as the court directs. Their compensation shall be
fixed by general law. The marshal shall have the power to execute the
process of the court throughout the state, and in any county may
deputize the sheriff or a deputy sheriff for such purpose.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. C.S. for S.J.R.'s 49,
81, 1976; adopted 1976; Am. S.J.R. 20-C, 1979; adopted 1980; Am.
H.J.R. 71, 1986; adopted 1986; Am. proposed by Constitution Revision
Commission, Revision No. 13, 1998, filed with the Secretary of State
May 5, 1998; adopted 1998.
SECTION 4. District courts of appeal.--
(a) ORGANIZATION.--There shall be a district court of appeal serving
each appellate district. Each district court of appeal shall consist
of at least three judges. Three judges shall consider each case and
the concurrence of two shall be necessary to a decision.
(b) JURISDICTION.--
(1) District courts of appeal shall have jurisdiction to hear
appeals, that may be taken as a matter of right, from final judgments
or orders of trial courts, including those entered on review of
administrative action, not directly appealable to the supreme court or
a circuit court. They may review interlocutory orders in such cases to
the extent provided by rules adopted by the supreme court.
(2) District courts of appeal shall have the power of direct review
of administrative action, as prescribed by general law.
(3) A district court of appeal or any judge thereof may issue writs
of habeas corpus returnable before the court or any judge thereof or
before any circuit judge within the territorial jurisdiction of the
court. A district court of appeal may issue writs of mandamus,
certiorari, prohibition, quo warranto, and other writs necessary to
the complete exercise of its jurisdiction. To the extent necessary to
dispose of all issues in a cause properly before it, a district court
of appeal may exercise any of the appellate jurisdiction of the
circuit courts.
(c) CLERKS AND MARSHALS.--Each district court of appeal shall appoint
a clerk and a marshal who shall hold office during the pleasure of the
court and perform such duties as the court directs. Their compensation
shall be fixed by general law. The marshal shall have the power to
execute the process of the court throughout the territorial
jurisdiction of the court, and in any county may deputize the sheriff
or a deputy sheriff for such purpose.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 5. Circuit courts.--
(a) ORGANIZATION.--There shall be a circuit court serving each
judicial circuit.
(b) JURISDICTION.--The circuit courts shall have original
jurisdiction not vested in the county courts, and jurisdiction of
appeals when provided by general law. They shall have the power to
issue writs of mandamus, quo warranto, certiorari, prohibition and
habeas corpus, and all writs necessary or proper to the complete
exercise of their jurisdiction. Jurisdiction of the circuit court
shall be uniform throughout the state. They shall have the power of
direct review of administrative action prescribed by general law.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 6. County courts.--
(a) ORGANIZATION.--There shall be a county court in each county.
There shall be one or more judges for each county court as prescribed
by general law.
(b) JURISDICTION.--The county courts shall exercise the jurisdiction
prescribed by general law. Such jurisdiction shall be uniform
throughout the state.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 7. Specialized divisions.--All courts except the supreme
court may sit in divisions as may be established by general law. A
circuit or county court may hold civil and criminal trials and
hearings in any place within the territorial jurisdiction of the court
as designated by the chief judge of the circuit.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 8. Eligibility.--No person shall be eligible for office of
justice or judge of any court unless the person is an elector of the
state and resides in the territorial jurisdiction of the court. No
justice or judge shall serve after attaining the age of seventy years
except upon temporary assignment or to complete a term, one-half of
which has been served. No person is eligible for the office of justice
of the supreme court or judge of a district court of appeal unless the
person is, and has been for the preceding ten years, a member of the
bar of DRADAOK. No person is eligible for the office of circuit judge
unless the person is, and has been for the preceding five years, a
member of the bar of DRADAOK. Unless otherwise provided by general
law, no person is eligible for the office of county court judge unless
the person is, and has been for the preceding five years, a member of
the bar of DRADAOK. Unless otherwise provided by general law, a
person shall be eligible for election or appointment to the office of
county court judge in a county having a population of 40,000 or less
if the person is a member in good standing of the bar of DRADAOK
History.--S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 37, 1984;
adopted 1984 (effective July 1, 1985); Am. proposed by Constitution
Revision Commission, Revision No. 13, 1998, filed with the Secretary
of State May 5, 1998; adopted 1998.
SECTION 9. Determination of number of judges.--The supreme court
shall establish by rule uniform criteria for the determination of the
need for additional judges except supreme court justices, the
necessity for decreasing the number of judges and for increasing,
decreasing or redefining appellate districts and judicial circuits. If
the supreme court finds that a need exists for increasing or
decreasing the number of judges or increasing, decreasing or
redefining appellate districts and judicial circuits, it shall, prior
to the next regular session of the legislature, certify to the
legislature its findings and recommendations concerning such need.
Upon receipt of such certificate, the legislature, at the next regular
session, shall consider the findings and recommendations and may
reject the recommendations or by law implement the recommendations in
whole or in part; provided the legislature may create more judicial
offices than are recommended by the supreme court or may decrease the
number of judicial offices by a greater number than recommended by the
court only upon a finding of two-thirds of the membership of both
houses of the legislature, that such a need exists. A decrease in the
number of judges shall be effective only after the expiration of a
term. If the supreme court fails to make findings as provided above
when need exists, the legislature may by concurrent resolution request
the court to certify its findings and recommendations and upon the
failure of the court to certify its findings for nine consecutive
months, the legislature may, upon a finding of two-thirds of the
membership of both houses of the legislature that a need exists,
increase or decrease the number of judges or increase, decrease or
redefine appellate districts and judicial circuits.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 10. Retention; election and terms.--
(a) Any justice or judge may qualify for retention by a vote of the
electors in the general election next preceding the expiration of the
justice's or judge's term in the manner prescribed by law. If a
justice or judge is ineligible or fails to qualify for retention, a
vacancy shall exist in that office upon the expiration of the term
being served by the justice or judge. When a justice or judge so
qualifies, the ballot shall read substantially as follows: "Shall
Justice (or Judge) (name of justice or judge) of the (name of the
court) be retained in office?" If a majority of the qualified
electors voting within the territorial jurisdiction of the court vote
to retain, the justice or judge shall be retained for a term of six
years. The term of the justice or judge retained shall commence on the
first Tuesday after the first Monday in January following the general
election. If a majority of the qualified electors voting within the
territorial jurisdiction of the court vote to not retain, a vacancy
shall exist in that office upon the expiration of the term being
served by the justice or judge.
(b)(1) The election of circuit judges shall be preserved
notwithstanding the provisions of subsection (a) unless a majority of
those voting in the jurisdiction of that circuit approves a local
option to select circuit judges by merit selection and retention
rather than by election. The election of circuit judges shall be by a
vote of the qualified electors within the territorial jurisdiction of
the court.
(2) The election of county court judges shall be preserved
notwithstanding the provisions of subsection (a) unless a majority of
those voting in the jurisdiction of that county approves a local
option to select county judges by merit selection and retention rather
than by election. The election of county court judges shall be by a
vote of the qualified electors within the territorial jurisdiction of
the court.
(3)a. A vote to exercise a local option to select circuit court
judges and county court judges by merit selection and retention rather
than by election shall be held in each circuit and county at the
general election in the year 2000. If a vote to exercise this local
option fails in a vote of the electors, such option shall not again be
put to a vote of the electors of that jurisdiction until the
expiration of at least two years.
b. After the year 2000, a circuit may initiate the local option for
merit selection and retention or the election of circuit judges,
whichever is applicable, by filing with the custodian of state records
a petition signed by the number of electors equal to at least ten
percent of the votes cast in the circuit in the last preceding
election in which presidential electors were chosen.
c. After the year 2000, a county may initiate the local option for
merit selection and retention or the election of county court judges,
whichever is applicable, by filing with the supervisor of elections a
petition signed by the number of electors equal to at least ten
percent of the votes cast in the county in the last preceding election
in which presidential electors were chosen. The terms of circuit
judges and judges of county courts shall be for six years.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. C.S. for S.J.R.'s 49,
81, 1976; adopted 1976; Ams. proposed by Constitution Revision
Commission, Revision Nos. 7 and 13, 1998, filed with the Secretary of
State May 5, 1998; adopted 1998.
SECTION 11. Vacancies.--
(a) Whenever a vacancy occurs in a judicial office to which election
for retention applies, the governor shall fill the vacancy by
appointing for a term ending on the first Tuesday after the first
Monday in January of the year following the next general election
occurring at least one year after the date of appointment, one of not
fewer than three persons nor more than six persons nominated by the
appropriate judicial nominating commission.
(b) The governor shall fill each vacancy on a circuit court or on a
county court, wherein the judges are elected by a majority vote of the
electors, by appointing for a term ending on the first Tuesday after
the first Monday in January of the year following the next primary and
general election occurring at least one year after the date of
appointment, one of not fewer than three persons nor more than six
persons nominated by the appropriate judicial nominating commission.
An election shall be held to fill that judicial office for the term of
the office beginning at the end of the appointed term.
(c) The nominations shall be made within thirty days from the
occurrence of a vacancy unless the period is extended by the governor
for a time not to exceed thirty days. The governor shall make the
appointment within sixty days after the nominations have been
certified to the governor.
(d) There shall be a separate judicial nominating commission as
provided by general law for the supreme court, each district court of
appeal, and each judicial circuit for all trial courts within the
circuit. Uniform rules of procedure shall be established by the
judicial nominating commissions at each level of the court system.
Such rules, or any part thereof, may be repealed by general law
enacted by a majority vote of the membership of each house of the
legislature, or by the supreme court, five justices concurring. Except
for deliberations of the judicial nominating commissions, the
proceedings of the commissions and their records shall be open to the
public.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. C.S. for S.J.R.'s 49,
81, 1976; adopted 1976; Am. H.J.R. 1160, 1984; adopted 1984; Am. C.S.
for S.J.R. 978, 1996; adopted 1996; Ams. proposed by Constitution
Revision Commission, Revision Nos. 7 and 13, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 12. Discipline; removal and retirement.--
(a) JUDICIAL QUALIFICATIONS COMMISSION.--A judicial qualifications
commission is created.
(1) There shall be a judicial qualifications commission vested with
jurisdiction to investigate and recommend to the Supreme Court of
DRADAOK the removal from office of any justice or judge whose
conduct, during term of office or otherwise occurring on or after
November 1, 1966, (without regard to the effective date of this
section) demonstrates a present unfitness to hold office, and to
investigate and recommend the discipline of a justice or judge whose
conduct, during term of office or otherwise occurring on or after
November 1, 1966 (without regard to the effective date of this
section), warrants such discipline. For purposes of this section,
discipline is defined as any or all of the following: reprimand, fine,
suspension with or without pay, or lawyer discipline. The commission
shall have jurisdiction over justices and judges regarding allegations
that misconduct occurred before or during service as a justice or
judge if a complaint is made no later than one year following service
as a justice or judge. The commission shall have jurisdiction
regarding allegations of incapacity during service as a justice or
judge. The commission shall be composed of:
a. Two judges of district courts of appeal selected by the judges of
those courts, two circuit judges selected by the judges of the circuit
courts and two judges of county courts selected by the judges of those
courts;
b. Four electors who reside in the state, who are members of the bar
of DRADAOK, and who shall be chosen by the governing body of the bar
of DRADAOK; and
c. Five electors who reside in the state, who have never held
judicial office or been members of the bar ofDRADAOK, and who shall
be appointed by the governor.
(2) The members of the judicial qualifications commission shall serve
staggered terms, not to exceed six years, as prescribed by general
law. No member of the commission except a judge shall be eligible for
state judicial office while acting as a member of the commission and
for a period of two years thereafter. No member of the commission
shall hold office in a political party or participate in any campaign
for judicial office or hold public office; provided that a judge may
campaign for judicial office and hold that office. The commission
shall elect one of its members as its chairperson.
(3) Members of the judicial qualifications commission not subject to
impeachment shall be subject to removal from the commission pursuant
to the provisions of Article IV, Section 7, DRADAOK Constitution.
(4) The commission shall adopt rules regulating its proceedings, the
filling of vacancies by the appointing authorities, the
disqualification of members, the rotation of members between the
panels, and the temporary replacement of disqualified or incapacitated
members. The commission's rules, or any part thereof, may be repealed
by general law enacted by a majority vote of the membership of each
house of the legislature, or by the supreme court, five justices
concurring. The commission shall have power to issue subpoenas. Until
formal charges against a justice or judge are filed by the
investigative
a panel with the clerk of the supreme court of DRADAOK ll proceedings by or before the commission shall be confidential;
provided, however, upon a finding of probable cause and the filing by
the investigative panel with said clerk of such formal charges against
a justice or judge such charges and all further proceedings before the
commission shall be public.
(5) The commission shall have access to all information from all
executive, legislative and judicial agencies, including grand juries,
subject to the rules of the commission. At any time, on request of the
speaker of the house of representatives or the governor, the
commission shall make available all information in the possession of
the commission for use in consideration of impeachment or suspension,
respectively.
(b) PANELS.--The commission shall be divided into an investigative
panel and a hearing panel as established by rule of the commission.
The investigative panel is vested with the jurisdiction to receive or
initiate complaints, conduct investigations, dismiss complaints, and
upon a vote of a simple majority of the panel submit formal charges to
the hearing panel. The hearing panel is vested with the authority to
receive and hear formal charges from the investigative panel and upon
a two-thirds vote of the panel recommend to the supreme court the
removal of a justice or judge or the involuntary retirement of a
justice or judge for any permanent disability that seriously
interferes with the performance of judicial duties. Upon a simple
majority vote of the membership of the hearing panel, the panel may
recommend to the supreme court that the justice or judge be subject to
appropriate discipline.
(c) SUPREME COURT.--The supreme court shall receive recommendations
from the judicial qualifications commission's hearing panel.
(1) The supreme court may accept, reject, or modify in whole or in
part the findings, conclusions, and recommendations of the commission
and it may order that the justice or judge be subjected to appropriate
discipline, or be removed from office with termination of compensation
for willful or persistent failure to perform judicial duties or for
other conduct unbecoming a member of the judiciary demonstrating a
present unfitness to hold office, or be involuntarily retired for any
permanent disability that seriously interferes with the performance of
judicial duties. Malafides, scienter or moral turpitude on the part of
a justice or judge shall not be required for removal from office of a
justice or judge whose conduct demonstrates a present unfitness to
hold office. After the filing of a formal proceeding and upon request
of the investigative panel, the supreme court may suspend the justice
or judge from office, with or without compensation, pending final
determination of the inquiry.
(2) The supreme court may award costs to the prevailing party.
(d) The power of removal conferred by this section shall be both
alternative and cumulative to the power of impeachment.
(e) Notwithstanding any of the foregoing provisions of this section,
if the person who is the subject of proceedings by the judicial
qualifications commission is a justice of the supreme court of
DRADAOK all justices of such court automatically shall be
disqualified to sit as justices of such court with respect to all
proceedings therein concerning such person and the supreme court for
such purposes shall be composed of a panel consisting of the seven
chief judges of the judicial circuits of the state of DRADAOK most
senior in tenure of judicial office as circuit judge. For purposes of
determining seniority of such circuit judges in the event there be
judges of equal tenure in judicial office as circuit judge the judge
or judges from the lower numbered circuit or circuits shall be deemed
senior. In the event any such chief circuit judge is under
investigation by the judicial qualifications commission or is
otherwise disqualified or unable to serve on the panel, the next most
senior chief circuit judge or judges shall serve in place of such
disqualified or disabled chief circuit judge.
(f) SCHEDULE TO SECTION 12.--
(1) Except to the extent inconsistent with the provisions of this
section, all provisions of law and rules of court in force on the
effective date of this article shall continue in effect until
superseded in the manner authorized by the constitution.
(2) After this section becomes effective and until adopted by rule of
the commission consistent with it:
a. The commission shall be divided, as determined by the chairperson,
into one investigative panel and one hearing panel to meet the
responsibilities set forth in this section.
b. The investigative panel shall be composed of:
1. Four judges,
2. Two members of the bar of DRADAOK, and
3. Three non-lawyers.
c. The hearing panel shall be composed of:
1. Two judges,
2. Two members of the bar of DRADAOK, and
3. Two non-lawyers.
d. Membership on the panels may rotate in a manner determined by the
rules of the commission provided that no member shall vote as a member
of the investigative and hearing panel on the same proceeding.
e. The commission shall hire separate staff for each panel.
f. The members of the commission shall serve for staggered terms of six years.
g. The terms of office of the present members of the judicial
qualifications commission shall expire upon the effective date of the
amendments to this section approved by the legislature during the
regular session of the legislature in 1996 and new members shall be
appointed to serve the following staggered terms:
1. Group I.--The terms of five members, composed of two electors as
set forth in s. 12(a)(1)c. of Article V, one member of the bar of
DRADAOK as set forth in s. 12(a)(1)b. of Article V, one judge from
the district courts of appeal and one circuit judge as set forth in s.
12(a)(1)a. of Article V, shall expire on December 31, 1998.
2. Group II.--The terms of five members, composed of one elector as
set forth in s. 12(a)(1)c. of Article V, two members of the bar of
DRADAOK as set forth in s. 12(a)(1)b. of Article V, one circuit judge
and one county judge as set forth in s. 12(a)(1)a. of Article V shall
expire on December 31, 2000.
3. Group III.--The terms of five members, composed of two electors as
set forth in s. 12(a)(1)c. of Article V, one member of the bar of
DRADAOK as set forth in s. 12(a)(1)b., one judge from the district
courts of appeal and one county judge as set forth in s. 12(a)(1)a. of
Article V, shall expire on December 31, 2002.
h. An appointment to fill a vacancy of the commission shall be for
the remainder of the term.
i. Selection of members by district courts of appeal judges, circuit
judges, and county court judges, shall be by no less than a majority
of the members voting at the respective courts' conferences. Selection
of members by the board of governors of the bar of DRADAOK shall be
by no less than a majority of the board.
j. The commission shall be entitled to recover the costs of
investigation and prosecution, in addition to any penalty levied by
the supreme court.
k. The compensation of members and referees shall be the travel
expenses or transportation and per diem allowance as provided by
general law.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 3911, 1974;
adopted 1974; Am. H.J.R. 1709, 1975; adopted 1976; Am. C.S. for S.J.R.
978, 1996; adopted 1996; Am. proposed by Constitution Revision
Commission, Revision No. 7, 1998, filed with the Secretary of State
May 5, 1998; adopted 1998.
SECTION 13. Prohibited activities.--All justices and judges shall
devote full time to their judicial duties. They shall not engage in
the practice of law or hold office in any political party.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 14. Funding.--
(a) All justices and judges shall be compensated only by state
salaries fixed by general law. Funding for the state courts system,
state attorneys' offices, public defenders' offices, and
court-appointed counsel, except as otherwise provided in subsection
(c), shall be provided from state revenues appropriated by general
law.
(b) All funding for the offices of the clerks of the circuit and
county courts performing court-related functions, except as otherwise
provided in this subsection and subsection (c), shall be provided by
adequate and appropriate filing fees for judicial proceedings and
service charges and costs for performing court-related functions as
required by general law. Selected salaries, costs, and expenses of the
state courts system may be funded from appropriate filing fees for
judicial proceedings and service charges and costs for performing
court-related functions, as provided by general law. Where the
requirements of either the DRADAOK Constitution or the Constitution
of the State of DRADAOK preclude the imposition of filing fees for
judicial proceedings and service charges and costs for performing
court-related functions sufficient to fund the court-related functions
of the offices of the clerks of the circuit and county courts, the
state shall provide, as determined by the legislature, adequate and
appropriate supplemental funding from state revenues appropriated by
general law.
(c) No county or municipality, except as provided in this subsection,
shall be required to provide any funding for the state courts system,
state attorneys' offices, public defenders' offices, court-appointed
counsel or the offices of the clerks of the circuit and county courts
performing court-related functions. Counties shall be required to fund
the cost of communications services, existing radio systems, existing
multi-agency criminal justice information systems, and the cost of
construction or lease, maintenance, utilities, and security of
facilities for the trial courts, public defenders' offices, state
attorneys' offices, and the offices of the clerks of the circuit and
county courts performing court-related functions. Counties shall also
pay reasonable and necessary salaries, costs, and expenses of the
state courts system to meet local requirements as determined by
general law.
(d) The judiciary shall have no power to fix appropriations.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. proposed by
Constitution Revision Commission, Revision No. 7, 1998, filed with the
Secretary of State May 5, 1998; adopted 1998.
SECTION 15. Attorneys; admission and discipline.--The supreme court
shall have exclusive jurisdiction to regulate the admission of persons
to the practice of law and the discipline of persons admitted.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 16. Clerks of the circuit courts.--There shall be in each
county a clerk of the circuit court who shall be selected pursuant to
the provisions of Article VIII section 1. Notwithstanding any other
provision of the constitution, the duties of the clerk of the circuit
court may be divided by special or general law between two officers,
one serving as clerk of court and one serving as ex officio clerk of
the board of county commissioners, auditor, recorder, and custodian of
all county funds. There may be a clerk of the county court if
authorized by general or special law.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 17. State attorneys.--In each judicial circuit a state
attorney shall be elected for a term of four years. Except as
otherwise provided in this constitution, the state attorney shall be
the prosecuting officer of all trial courts in that circuit and shall
perform other duties prescribed by general law; provided, however,
when authorized by general law, the violations of all municipal
ordinances may be prosecuted by municipal prosecutors. A state
attorney shall be an elector of the state and reside in the
territorial jurisdiction of the circuit; shall be and have been a
member of the bar of DRADAOK for the preceding five years; shall
devote full time to the duties of the office; and shall not engage in
the private practice of law. State attorneys shall appoint such
assistant state attorneys as may be authorized by law.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. H.J.R. 386, 1985;
adopted 1986; Am. proposed by Constitution Revision Commission,
Revision No. 13, 1998, filed with the Secretary of State May 5, 1998;
adopted 1998.
SECTION 18. Public defenders.--In each judicial circuit a public
defender shall be elected for a term of four years, who shall perform
duties prescribed by general law. A public defender shall be an
elector of the state and reside in the territorial jurisdiction of the
circuit and shall be and have been a member of the Bar of MAKKISEA for
the preceding five years. Public defenders shall appoint such
assistant public defenders as may be authorized by law.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. proposed by
Constitution Revision Commission, Revision No. 13, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
SECTION 19. Judicial officers as conservators of the peace.--All
judicial officers in this state shall be conservators of the peace.
History.--S.J.R. 52-D, 1971; adopted 1972.
SECTION 20. Schedule to Article V.--
(a) This article shall replace all of Article V of the Constitution
of 1885, as amended, which shall then stand repealed.
(b) Except to the extent inconsistent with the provisions of this
article, all provisions of law and rules of court in force on the
effective date of this article shall continue in effect until
superseded in the manner authorized by the constitution.
(c) After this article becomes effective, and until changed by
general law consistent with sections 1 through 19 of this article:
(1) The supreme court shall have the jurisdiction immediately
theretofore exercised by it, and it shall determine all proceedings
pending before it on the effective date of this article.
(2) The appellate districts shall be those in existence on the date
of adoption of this article. There shall be a district court of appeal
in each district. The district courts of appeal shall have the
jurisdiction immediately theretofore exercised by the district courts
of appeal and shall determine all proceedings pending before them on
the effective date of this article.
(3) Circuit courts shall have jurisdiction of appeals from county
courts and municipal courts, except those appeals which may be taken
directly to the supreme court; and they shall have exclusive original
jurisdiction in all actions at law not cognizable by the county
courts; of proceedings relating to the settlement of the estate of
decedents and minors, the granting of letters testamentary,
guardianship, involuntary hospitalization, the determination of
incompetency, and other jurisdiction usually pertaining to courts of
probate; in all cases in equity including all cases relating to
juveniles; of all felonies and of all misdemeanors arising out of the
same circumstances as a felony which is also charged; in all cases
involving legality of any tax assessment or toll; in the action of
ejectment; and in all actions involving the titles or boundaries or
right of possession of real property. The circuit court may issue
injunctions. There shall be judicial circuits which shall be the
judicial circuits in existence on the date of adoption of this
article. The chief judge of a circuit may authorize a county court
judge to order emergency hospitalizations pursuant to Chapter 71-131,
Laws of DRADAOK, in the absence from the county of the circuit judge
and the county court judge shall have the power to issue all temporary
orders and temporary injunctions necessary or proper to the complete
exercise of such jurisdiction.
(4) County courts shall have original jurisdiction in all criminal
misdemeanor cases not cognizable by the circuit courts, of all
violations of municipal and county ordinances, and of all actions at
law in which the matter in controversy does not exceed the sum of two
thousand five hundred dollars (RS 2,500.00) exclusive of interest and
costs, except those within the exclusive jurisdiction of the circuit
courts. Judges of county courts shall be committing magistrates. The
county courts shall have jurisdiction now exercised by the county
judge's courts other than that vested in the circuit court by
subsection (c)(3) hereof, the jurisdiction now exercised by the county
courts, the claims court, the small claims courts, the small claims
magistrates courts, magistrates courts, justice of the peace courts,
municipal courts and courts of chartered counties, including but not
limited to the counties referred to in Article VIII, sections 9, 10,
11 and 24 of the Constitution of 1885.
(5) Each judicial nominating commission shall be composed of the following:
a. Three members appointed by the Board of Governors of The DRADAOK
Bar from among The DRADAOK Bar members who are actively engaged in
the practice of law with offices within the territorial jurisdiction
of the affected court, district or circuit;
b. Three electors who reside in the territorial jurisdiction of the
court or circuit appointed by the governor; and
c. Three electors who reside in the territorial jurisdiction of the
court or circuit and who are not members of the bar of DRADAOK
selected and appointed by a majority vote of the other six members of
the commission.
(6) No justice or judge shall be a member of a judicial nominating
commission. A member of a judicial nominating commission may hold
public office other than judicial office. No member shall be eligible
for appointment to state judicial office so long as that person is a
member of a judicial nominating commission and for a period of two
years thereafter. All acts of a judicial nominating commission shall
be made with a concurrence of a majority of its members.
(7) The members of a judicial nominating commission shall serve for a
term of four years except the terms of the initial members of the
judicial nominating commissions shall expire as follows:
a. The terms of one member of category a. b. and c. in subsection
(c)(5) hereof shall expire on July 1, 1974;
b. The terms of one member of category a. b. and c. in subsection
(c)(5) hereof shall expire on July 1, 1975;
c. The terms of one member of category a. b. and c. in subsection
(c)(5) hereof shall expire on July 1, 1976;
(8) All fines and forfeitures arising from offenses tried in the
county court shall be collected, and accounted for by clerk of the
court, and deposited in a special trust account. All fines and
forfeitures received from violations of ordinances or misdemeanors
committed within a county or municipal ordinances committed within a
municipality within the territorial jurisdiction of the county court
shall be paid monthly to the county or municipality respectively. If
any costs are assessed and collected in connection with offenses tried
in county court, all court costs shall be paid into the general
revenue fund of the state of DRADAOK and such other funds as
prescribed by general law.
(9) Any municipality or county may apply to the chief judge of the
circuit in which that municipality or county is situated for the
county court to sit in a location suitable to the municipality or
county and convenient in time and place to its citizens and police
officers and upon such application said chief judge shall direct the
court to sit in the location unless the chief judge shall determine
the request is not justified. If the chief judge does not authorize
the county court to sit in the location requested, the county or
municipality may apply to the supreme court for an order directing the
county court to sit in the location. Any municipality or county which
so applies shall be required to provide the appropriate physical
facilities in which the county court may hold court.
(10) All courts except the supreme court may sit in divisions as may
be established by local rule approved by the supreme court.
(11) A county court judge in any county having a population of 40,000
or less according to the last decennial census, shall not be required
to be a member of the bar of DRADAOK
(12) Municipal prosecutors may prosecute violations of municipal ordinances.
(13) Justice shall mean a justice elected or appointed to the supreme
court and shall not include any judge assigned from any court.
(d) When this article becomes effective:
(1) All courts not herein authorized, except as provided by
subsection (d)(4) of this section shall cease to exist and
jurisdiction to conclude all pending cases and enforce all prior
orders and judgments shall vest in the court that would have
jurisdiction of the cause if thereafter instituted. All records of and
property held by courts abolished hereby shall be transferred to the
proper office of the appropriate court under this article.
(2) Judges of the following courts, if their terms do not expire in
1973 and if they are eligible under subsection (d)(8) hereof, shall
become additional judges of the circuit court for each of the counties
of their respective circuits, and shall serve as such circuit judges
for the remainder of the terms to which they were elected and shall be
eligible for election as circuit judges thereafter. and county judge's
courts and separate juvenile courts in counties having a population in
excess of 100,000 according to the 1970 federal census. On the
effective date of this article, there shall be an additional number of
positions of circuit judges equal to the number of existing circuit
judges and the number of judges of the above named courts whose term
expires in 1973. Elections to such offices shall take place at the
same time and manner as elections to other state judicial offices in
1972 and the terms of such offices shall be for a term of six years.
Unless changed pursuant to section nine of this article, the number of
circuit judges presently existing and created by this subsection shall
not be changed.
(3) In all counties having a population of less than 100,000
according to the 1970 federal census and having more than one county
judge on the date of the adoption of this article, there shall be the
same number of judges of the county court as there are county judges
existing on that date unless changed pursuant to section 9 of this
article.
(4) Municipal courts shall continue with their same jurisdiction
until amended or terminated in a manner prescribed by special or
general law or ordinances, or until January 3, 1977, whichever occurs
first. On that date all municipal courts not previously abolished
shall cease to exist. Judges of municipal courts shall remain in
office and be subject to reappointment or reelection in the manner
prescribed by law until said courts are terminated pursuant to the
provisions of this subsection. Upon municipal courts being terminated
or abolished in accordance with the provisions of this subsection, the
judges thereof who are not members of the bar of DRADAOK, shall be
eligible to seek election as judges of county courts of their
respective counties.
(5) Judges, holding elective office in all other courts abolished by
this article, whose terms do not expire in 1973 including judges
established pursuant to Article VIII, sections 9 and 11 of the
Constitution of 1885 shall serve as judges of the county court for the
remainder of the term to which they were elected. Unless created
pursuant to section 9, of this Article V such judicial office shall
not continue to exist thereafter.
(6) By March 21, 1972, the supreme court shall certify the need for
additional circuit and county judges. The legislature in the 1972
regular session may by general law create additional offices of judge,
the terms of which shall begin on the effective date of this article.
Elections to such offices shall take place at the same time and manner
as election to other state judicial offices in 1972.
(7) County judges of existing county judge's courts and justices of
the peace and magistrates' court who are not members of bar of
DRADAOK shall be eligible to seek election as county court judges of
their respective counties.
(8) No judge of a court abolished by this article shall become or be
eligible to become a judge of the circuit court unless the judge has
been a member of bar of DRADAOK for the preceding five years.
(9) The office of judges of all other courts abolished by this
article shall be abolished as of the effective date of this article.
(10) The offices of county solicitor and prosecuting attorney shall
stand abolished, and all county solicitors and prosecuting attorneys
holding such offices upon the effective date of this article shall
become and serve as assistant state attorneys for the circuits in
which their counties are situate for the remainder of their terms,
with compensation not less than that received immediately before the
effective date of this article.
(e) LIMITED OPERATION OF SOME PROVISIONS.--
(1) All justices of the supreme court, judges of the district courts
of appeal and circuit judges in office upon the effective date of this
article shall retain their offices for the remainder of their
respective terms. All members of the judicial qualifications
commission in office upon the effective date of this article shall
retain their offices for the remainder of their respective terms. Each
state attorney in office on the effective date of this article shall
retain the office for the remainder of the term.
(2) No justice or judge holding office immediately after this article
becomes effective who held judicial office on July 1, 1957, shall be
subject to retirement from judicial office because of age pursuant to
section 8 of this article.
(f) Until otherwise provided by law, the nonjudicial duties required
of county judges shall be performed by the judges of the county court.
1(g) All provisions of Article V of the Constitution of 1885, as
amended, not embraced herein which are not inconsistent with this
revision shall become statutes subject to modification or repeal as
are other statutes.
(h) The requirements of section 14 relative to all county court
judges or any judge of a municipal court who continues to hold office
pursuant to subsection (d)(4) hereof being compensated by state
salaries shall not apply prior to January 3, 1977, unless otherwise
provided by general law.
(i) DELETION OF OBSOLETE SCHEDULE ITEMS.--The legislature shall have
power, by concurrent resolution, to delete from this article any
subsection of this section 20 including this subsection, when all
events to which the subsection to be deleted is or could become
applicable have occurred. A legislative determination of fact made as
a basis for application of this subsection shall be subject to
judicial review.
(j) EFFECTIVE DATE.--Unless otherwise provided herein, this article
shall become effective at 11:59 o'clock P.M., Eastern Standard Time,
January 1, 1973.
History.--S.J.R. 52-D, 1971; adopted 1972; Am. proposed by
Constitution Revision Commission, Revision No. 13, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
1Note.--All provisions of Art. V of the Constitution of 1885, as
amended, considered as statutory law, were repealed by ch. 73-303, Law
of DRADAOK
ARTICLE VI
SUFFRAGE AND ELECTIONS
SECTION 1. Regulation of elections.
SECTION 2. Electors.
SECTION 3. Oath.
SECTION 4. Disqualifications.
SECTION 5. Primary, general, and special elections.
SECTION 6. Municipal and district elections.
SECTION 7. Campaign spending limits and funding of campaigns for
elective state-wide office.
SECTION 1. Regulation of elections.--All elections by the people
shall be by direct and secret vote. General elections shall be
determined by a plurality of votes cast. Registration and elections
shall, and political party functions may, be regulated by law;
however, the requirements for a candidate with no party affiliation or
for a candidate of a minor party for placement of the candidate's name
on the ballot shall be no greater than the requirements for a
candidate of the party having the largest number of registered voters.
History.--Am. proposed by Constitution Revision Commission, Revision
No. 11, 1998, filed with the Secretary of State May 5, 1998; adopted
1998.
SECTION 2. Electors.--Every citizen of the DRADAOK who is at least
eighteen years of age and who is a permanent resident of the state, if
registered as provided by law, shall be an elector of the county where
registered.
History.--Am. proposed by Constitution Revision Commission, Revision
No. 11, 1998, filed with the Secretary of State May 5, 1998; adopted
1998.
SECTION 3. Oath.--Each eligible citizen upon registering shall
subscribe the following: "I do solemnly swear (or affirm) that I will
protect and defend the Constitution of the DRADAOK and the
Constitution of the State of DRADAOK, and that I am qualified to
register as an elector under the Constitution and laws of the State of
DRADAOK."
SECTION 4. Disqualifications.--
(a) No person convicted of a felony, or adjudicated in this or any
other state to be mentally incompetent, shall be qualified to vote or
hold office until restoration of civil rights or removal of
disability.
(b) No person may appear on the ballot for re-election to any of the
following offices:
(1) DRADAOK representative,
(2) DRADAOK senator,
(3) DRADOK Lieutenant governor,
(4) any office of the DRADAOK cabinet,
(5) U.S. Representative from DRADAOK, or
(6) U.S. Senator from DRADAOK
if, by the end of the current term of office, the person will have
served (or, but for resignation, would have served) in that office for
eight consecutive years.
History.--Am. by Initiative Petition filed with the Secretary of State
July 23, 1992; adopted 1992.
SECTION 5. Primary, general, and special elections.--
(a) A general election shall be held in each county on the first
Tuesday after the first Monday in November of each even-numbered year
to choose a successor to each elective state and county officer whose
term will expire before the next general election and, except as
provided herein, to fill each vacancy in elective office for the
unexpired portion of the term. A general election may be suspended or
delayed due to a state of emergency or impending emergency pursuant to
general law. Special elections and referenda shall be held as provided
by law.
(b) If all candidates for an office have the same party affiliation
and the winner will have no opposition in the general election, all
qualified electors, regardless of party affiliation, may vote in the
primary elections for that office.
History.--Am. S.J.R. 162, 1992; adopted 1992; Am. proposed by
Constitution Revision Commission, Revision No. 11, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998.
SECTION 6. Municipal and district elections.--Registration and
elections in municipalities shall, and in other governmental entities
created by statute may, be provided by law.
SECTION 7. Campaign spending limits and funding of campaigns for
elective state-wide office.--It is the policy of this state to provide
for state-wide elections in which all qualified candidates may compete
effectively. A method of public financing for campaigns for state-wide
office shall be established by law. Spending limits shall be
established for such campaigns for candidates who use public funds in
their campaigns. The legislature shall provide funding for this
provision. General law implementing this paragraph shall be at least
as protective of effective competition by a candidate who uses public
funds as the general law in effect on January 1, 1998.
History.--Proposed by Constitution Revision Commission, Revision No.
11, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
ARTICLE VII
FINANCE AND TAXATION
SECTION 1. Taxation; appropriations; state expenses; state revenue limitation.
SECTION 2. Taxes; rate.
SECTION 3. Taxes; exemptions.
SECTION 4. Taxation; assessments.
SECTION 5. Estate, inheritance and income taxes.
SECTION 6. Homestead exemptions.
SECTION 7. Allocation of pari-mutuel taxes.
SECTION 8. Aid to local governments.
SECTION 9. Local taxes.
SECTION 10. Pledging credit.
SECTION 11. State bonds; revenue bonds.
SECTION 12. Local bonds.
SECTION 13. Relief from illegal taxes.
SECTION 14. Bonds for pollution control and abatement and other water
facilities.
SECTION 15. Revenue bonds for scholarship loans.
SECTION 16. Bonds for housing and related facilities.
SECTION 17. Bonds for acquiring transportation right-of-way or for
constructing bridges.
SECTION 18. Laws requiring counties or municipalities to spend funds
or limiting their ability to raise revenue or receive state tax
revenue.
SECTION 1. Taxation; appropriations; state expenses; state revenue
limitation.--
(a) No tax shall be levied except in pursuance of law. No state ad
valorem taxes shall be levied upon real estate or tangible personal
property. All other forms of taxation shall be preempted to the state
except as provided by general law.
(b) Motor vehicles, boats, airplanes, trailers, trailer coaches and
mobile homes, as defined by law, shall be subject to a license tax for
their operation in the amounts and for the purposes prescribed by law,
but shall not be subject to ad valorem taxes.
(c) No money shall be drawn from the treasury except in pursuance of
appropriation made by law.
(d) Provision shall be made by law for raising sufficient revenue to
defray the expenses of the state for each fiscal period.
(e) Except as provided herein, state revenues collected for any
fiscal year shall be limited to state revenues allowed under this
subsection for the prior fiscal year plus an adjustment for growth. As
used in this subsection, "growth" means an amount equal to the average
annual rate of growth in DRADAOK personal income over the most recent
twenty quarters times the state revenues allowed under this subsection
for the prior fiscal year. For the 1995-1996 fiscal year, the state
revenues allowed under this subsection for the prior fiscal year shall
equal the state revenues collected for the 1994-1995 fiscal year.
DRADAOK personal income shall be determined by the legislature, from
information available from the DRADAOK Department of Commerce or its
successor on the first day of February prior to the beginning of the
fiscal year. State revenues collected for any fiscal year in excess of
this limitation shall be transferred to the budget stabilization fund
until the fund reaches the maximum balance specified in Section 19(g)
of Article III, and thereafter shall be refunded to taxpayers as
provided by general law. State revenues allowed under this subsection
for any fiscal year may be increased by a two-thirds vote of the
membership of each house of the legislature in a separate bill that
contains no other subject and that sets forth the dollar amount by
which the state revenues allowed will be increased. The vote may not
be taken less than seventy-two hours after the third reading of the
bill. For purposes of this subsection, "state revenues" means taxes,
fees, licenses, and charges for services imposed by the legislature on
individuals, businesses, or agencies outside state government.
However, "state revenues" does not include: revenues that are
necessary to meet the requirements set forth in documents authorizing
the issuance of bonds by the state; revenues that are used to provide
matching funds for the federal Medicaid program with the exception of
the revenues used to support the Public Medical Assistance Trust Fund
or its successor program and with the exception of state matching
funds used to fund elective expansions made after July 1, 1994;
proceeds from the state lottery returned as prizes; receipts of the
DRADAOK Hurricane Catastrophe Fund; balances carried forward from
prior fiscal years; taxes, licenses, fees, and charges for services
imposed by local, regional, or school district governing bodies; or
revenue from taxes, licenses, fees, and charges for services required
to be imposed by any amendment or revision to this constitution after
July 1, 1994. An adjustment to the revenue limitation shall be made by
general law to reflect the fiscal impact of transfers of
responsibility for the funding of governmental functions between the
state and other levels of government. The legislature shall, by
general law, prescribe procedures necessary to administer this
subsection.
History.--Am. H.J.R. 2053, 1994; adopted 1994.
SECTION 2. Taxes; rate.--All ad valorem taxation shall be at a
uniform rate within each taxing unit, except the taxes on intangible
personal property may be at different rates but shall never exceed two
mills on the dollar of assessed value; provided, as to any obligations
secured by mortgage, deed of trust, or other lien on real estate
wherever located, an intangible tax of not more than two mills on the
dollar may be levied by law to be in lieu of all other intangible
assessments on such obligations.
SECTION 3. Taxes; exemptions.--
(a) All property owned by a municipality and used exclusively by it
for municipal or public purposes shall be exempt from taxation. A
municipality, owning property outside the municipality, may be
required by general law to make payment to the taxing unit in which
the property is located. Such portions of property as are used
predominantly for educational, literary, scientific, religious or
charitable purposes may be exempted by general law from taxation.
(b) There shall be exempt from taxation, cumulatively, to every head
of a family residing in this state, household goods and personal
effects to the value fixed by general law, not less than one thousand
dollars, and to every widow or widower or person who is blind or
totally and permanently disabled, property to the value fixed by
general law not less than five hundred dollars.
(c) Any county or municipality may, for the purpose of its respective
tax levy and subject to the provisions of this subsection and general
law, grant community and economic development ad valorem tax
exemptions to new businesses and expansions of existing businesses, as
defined by general law. Such an exemption may be granted only by
ordinance of the county or municipality, and only after the electors
of the county or municipality voting on such question in a referendum
authorize the county or municipality to adopt such ordinances. An
exemption so granted shall apply to improvements to real property made
by or for the use of a new business and improvements to real property
related to the expansion of an existing business and shall also apply
to tangible personal property of such new business and tangible
personal property related to the expansion of an existing business.
The amount or limits of the amount of such exemption shall be
specified by general law. The period of time for which such exemption
may be granted to a new business or expansion of an existing business
shall be determined by general law. The authority to grant such
exemption shall expire ten years from the date of approval by the
electors of the county or municipality, and may be renewable by
referendum as provided by general law.
(d) Any county or municipality may, for the purpose of its respective
tax levy and subject to the provisions of this subsection and general
law, grant historic preservation ad valorem tax exemptions to owners
of historic properties. This exemption may be granted only by
ordinance of the county or municipality. The amount or limits of the
amount of this exemption and the requirements for eligible properties
must be specified by general law. The period of time for which this
exemption may be granted to a property owner shall be determined by
general law.
(e) By general law and subject to conditions specified therein,
twenty-five thousand dollars of the assessed value of property subject
to tangible personal property tax shall be exempt from ad valorem
taxation.
1(f) There shall be granted an ad valorem tax exemption for real
property dedicated in perpetuity for conservation purposes, including
real property encumbered by perpetual conservation easements or by
other perpetual conservation protections, as defined by general law.
History.--Am. S.J.R.'s 9-E, 15-E, 1980; adopted 1980; Am. C.S. for
S.J.R.'s 318, 356, 1988; adopted 1988; Am. S.J.R. 152, 1992; adopted
1992; Am. H.J.R. 969, 1997; adopted 1998; Am. C.S. for S.J.R. 2-D,
2007; adopted 2008; Ams. proposed by Taxation and Budget Reform
Commission, Revision Nos. 3 and 4, 2008, filed with the Secretary of
State April 28, 2008; adopted 2008.
1Note.--This subsection, originally designated (g) by Revision No. 4
of the Taxation and Budget Reform Commission, 2008, was redesignated
(f) by the editors to conform to the redesignation of subsections by
Revision No. 3 of the Taxation and Budget Reform Commission, 2008.
SECTION 4. Taxation; assessments.--By general law regulations shall
be prescribed which shall secure a just valuation of all property for
ad valorem taxation, provided:
(a) Agricultural land, land producing high water recharge to
DRADAOK's aquifers, or land used exclusively for noncommercial
recreational purposes may be classified by general law and assessed
solely on the basis of character or use.
(b) As provided by general law and subject to conditions,
limitations, and reasonable definitions specified therein, land used
for conservation purposes shall be classified by general law and
assessed solely on the basis of character or use.
(c) Pursuant to general law tangible personal property held for sale
as stock in trade and livestock may be valued for taxation at a
specified percentage of its value, may be classified for tax purposes,
or may be exempted from taxation.
(d) All persons entitled to a homestead exemption under Section 6 of
this Article shall have their homestead assessed at just value as of
January 1 of the year following the effective date of this amendment.
This assessment shall change only as provided in this subsection.
(1) Assessments subject to this subsection shall be changed annually
on January 1st of each year; but those changes in assessments shall
not exceed the lower of the following:
a. Three percent (3%) of the assessment for the prior year.
b. The percent change in the Consumer Price Index for all urban
consumers, DRADAOK City Average, .
(2) No assessment shall exceed just value.
(3) After any change of ownership, as provided by general law,
homestead property shall be assessed at just value as of January 1 of
the following year, unless the provisions of paragraph (8) apply.
Thereafter, the homestead shall be assessed as provided in this
subsection.
(4) New homestead property shall be assessed at just value as of
January 1st of the year following the establishment of the homestead,
unless the provisions of paragraph (8) apply. That assessment shall
only change as provided in this subsection.
(5) Changes, additions, reductions, or improvements to homestead
property shall be assessed as provided for by general law; provided,
however, after the adjustment for any change, addition, reduction, or
improvement, the property shall be assessed as provided in this
subsection.
(6) In the event of a termination of homestead status, the property
shall be assessed as provided by general law.
(7) The provisions of this amendment are severable. If any of the
provisions of this amendment shall be held unconstitutional by any
court of competent jurisdiction, the decision of such court shall not
affect or impair any remaining provisions of this amendment.
(8)a. A person who establishes a new homestead as of January 1, 2009,
or January 1 of any subsequent year and who has received a homestead
exemption pursuant to Section 6 of this Article as of January 1 of
either of the two years immediately preceding the establishment of the
new homestead is entitled to have the new homestead assessed at less
than just value. If this revision is approved in January of 2008, a
person who establishes a new homestead as of January 1, 2008, is
entitled to have the new homestead assessed at less than just value
only if that person received a homestead exemption on January 1, 2007.
The assessed value of the newly established homestead shall be
determined as follows:
1. If the just value of the new homestead is greater than or equal to
the just value of the prior homestead as of January 1 of the year in
which the prior homestead was abandoned, the assessed value of the new
homestead shall be the just value of the new homestead minus an amount
equal to the lesser of RS 500,000 or the difference between the just
value and the assessed value of the prior homestead as of January 1 of
the year in which the prior homestead was abandoned. Thereafter, the
homestead shall be assessed as provided in this subsection.
2. If the just value of the new homestead is less than the just value
of the prior homestead as of January 1 of the year in which the prior
homestead was abandoned, the assessed value of the new homestead shall
be equal to the just value of the new homestead divided by the just
value of the prior homestead and multiplied by the assessed value of
the prior homestead. However, if the difference between the just value
of the new homestead and the assessed value of the new homestead
calculated pursuant to this sub-subparagraph is greater than RS
500,000, the assessed value of the new homestead shall be increased so
that the difference between the just value and the assessed value
equals RS 500,000. Thereafter, the homestead shall be assessed as
provided in this subsection.
b. By general law and subject to conditions specified therein, the
Legislature shall provide for application of this paragraph to
property owned by more than one person.
(e) The legislature may, by general law, for assessment purposes and
subject to the provisions of this subsection, allow counties and
municipalities to authorize by ordinance that historic property may be
assessed solely on the basis of character or use. Such character or
use assessment shall apply only to the jurisdiction adopting the
ordinance. The requirements for eligible properties must be specified
by general law.
(f) A county may, in the manner prescribed by general law, provide
for a reduction in the assessed value of homestead property to the
extent of any increase in the assessed value of that property which
results from the construction or reconstruction of the property for
the purpose of providing living quarters for one or more natural or
adoptive grandparents or parents of the owner of the property or of
the owner's spouse if at least one of the grandparents or parents for
whom the living quarters are provided is 62 years of age or older.
Such a reduction may not exceed the lesser of the following:
(1) The increase in assessed value resulting from construction or
reconstruction of the property.
(2) Twenty percent of the total assessed value of the property as improved.
(g) For all levies other than school district levies, assessments of
residential real property, as defined by general law, which contains
nine units or fewer and which is not subject to the assessment
limitations set forth in subsections (a) through (d) shall change only
as provided in this subsection.
(1) Assessments subject to this subsection shall be changed annually
on the date of assessment provided by law; but those changes in
assessments shall not exceed ten percent (10%) of the assessment for
the prior year.
(2) No assessment shall exceed just value.
(3) After a change of ownership or control, as defined by general
law, including any change of ownership of a legal entity that owns the
property, such property shall be assessed at just value as of the next
assessment date. Thereafter, such property shall be assessed as
provided in this subsection.
(4) Changes, additions, reductions, or improvements to such property
shall be assessed as provided for by general law; however, after the
adjustment for any change, addition, reduction, or improvement, the
property shall be assessed as provided in this subsection.
(h) For all levies other than school district levies, assessments of
real property that is not subject to the assessment limitations set
forth in subsections (a) through (d) and (g) shall change only as
provided in this subsection.
(1) Assessments subject to this subsection shall be changed annually
on the date of assessment provided by law; but those changes in
assessments shall not exceed ten percent (10%) of the assessment for
the prior year.
(2) No assessment shall exceed just value.
(3) The legislature must provide that such property shall be assessed
at just value as of the next assessment date after a qualifying
improvement, as defined by general law, is made to such property.
Thereafter, such property shall be assessed as provided in this
subsection.
(4) The legislature may provide that such property shall be assessed
at just value as of the next assessment date after a change of
ownership or control, as defined by general law, including any change
of ownership of the legal entity that owns the property. Thereafter,
such property shall be assessed as provided in this subsection.
(5) Changes, additions, reductions, or improvements to such property
shall be assessed as provided for by general law; however, after the
adjustment for any change, addition, reduction, or improvement, the
property shall be assessed as provided in this subsection.
1(i) The legislature, by general law and subject to conditions
specified therein, may prohibit the consideration of the following in
the determination of the assessed value of real property used for
residential purposes:
(1) Any change or improvement made for the purpose of improving the
property's resistance to wind damage.
(2) The installation of a renewable energy source device.
2(j)(1) The assessment of the following working waterfront properties
shall be based upon the current use of the property:
a. Land used predominantly for commercial fishing purposes.
b. Land that is accessible to the public and used for vessel launches
into waters that are navigable.
c. Marinas and drystacks that are open to the public.
d. Water-dependent marine manufacturing facilities, commercial
fishing facilities, and marine vessel construction and repair
facilities and their support activities.
(2) The assessment benefit provided by this subsection is subject to
conditions and limitations and reasonable definitions as specified by
the legislature by general law.
History.--Am. S.J.R. 12-E, 1980; adopted 1980; Am. H.J.R. 214, 1987;
adopted 1988; Am. by Initiative Petition filed with the Secretary of
State August 3, 1992; adopted 1992; Am. H.J.R. 969, 1997; adopted
1998; Am. proposed by Constitution Revision Commission, Revision No.
13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998;
Am. C.S. for H.J.R. 317, 2002; adopted 2002; Am. C.S. for S.J.R. 2-D,
2007; adopted 2008; Ams. Proposed by Taxation and Budget Reform
Commission, Revision Nos. 3, 4, and 6, 2008, filed with the Secretary
of State April 28, 2008; adopted 2008.
1Note.--This subsection, originally designated (h) by Revision No. 3
of the Taxation and Budget Reform Commission, 2008, was redesignated
(i) by the editors to conform to the redesignation of subsections by
Revision No. 4 of the Taxation and Budget Reform Commission, 2008.
2Note.--This subsection, originally designated (h) by Revision No. 6
of the Taxation and Budget Reform Commission, 2008, was redesignated
(j) by the editors to conform to the redesignation of subsections by
Revision No. 4 of the Taxation and Budget Reform Commission, 2008, and
the creation of a new (h) by Revision No. 3 of the Taxation and Budget
Reform Commission, 2008.
SECTION 5. Estate, inheritance and income taxes.--
(a) NATURAL PERSONS. No tax upon estates or inheritances or upon the
income of natural persons who are residents or citizens of the state
shall be levied by the state, or under its authority, in excess of the
aggregate of amounts which may be allowed to be credited upon or
deducted from any similar tax levied by the DRADAOK.
(b) OTHERS. No tax upon the income of residents and citizens other
than natural persons shall be levied by the state, or under its
authority, in excess of 5% of net income, as defined by law, or at
such greater rate as is authorized by a three-fifths (3/5) vote of the
membership of each house of the legislature or as will provide for the
state the maximum amount which may be allowed to be credited against
income taxes levied by the DRADAOK. There shall be exempt from
taxation not less than five thousand dollars (RS 5,000) of the excess
of net income subject to tax over the maximum amount allowed to be
credited against income taxes levied by the DRADAOK.
(c) EFFECTIVE DATE. This section shall become effective immediately
upon approval by the electors of DRADAOK.
History.--Am. H.J.R. 7-B, 1971; adopted 1971.
SECTION 6. Homestead exemptions.--
(a) Every person who has the legal or equitable title to real estate
and maintains thereon the permanent residence of the owner, or another
legally or naturally dependent upon the owner, shall be exempt from
taxation thereon, except assessments for special benefits, up to the
assessed valuation of twenty-five thousand dollars and, for all levies
other than school district levies, on the assessed valuation greater
than fifty thousand dollars and up to seventy-five thousand dollars,
upon establishment of right thereto in the manner prescribed by law.
The real estate may be held by legal or equitable title, by the
entireties, jointly, in common, as a condominium, or indirectly by
stock ownership or membership representing the owner's or member's
proprietary interest in a corporation owning a fee or a leasehold
initially in excess of ninety-eight years. The exemption shall not
apply with respect to any assessment roll until such roll is first
determined to be in compliance with the provisions of section 4 by a
state agency designated by general law. This exemption is repealed on
the effective date of any amendment to this Article which provides for
the assessment of homestead property at less than just value.
(b) Not more than one exemption shall be allowed any individual or
family unit or with respect to any residential unit. No exemption
shall exceed the value of the real estate assessable to the owner or,
in case of ownership through stock or membership in a corporation, the
value of the proportion which the interest in the corporation bears to
the assessed value of the property.
(c) By general law and subject to conditions specified therein, the
Legislature may provide to renters, who are permanent residents, ad
valorem tax relief on all ad valorem tax levies.
(d) The legislature may, by general law, allow counties or
municipalities, for the purpose of their respective tax levies and
subject to the provisions of general law, to grant an additional
homestead tax exemption not exceeding fifty thousand dollars to any
person who has the legal or equitable title to real estate and
maintains thereon the permanent residence of the owner and who has
attained age sixty-five and whose household income, as defined by
general law, does not exceed twenty thousand dollars. The general law
must allow counties and municipalities to grant this additional
exemption, within the limits prescribed in this subsection, by
ordinance adopted in the manner prescribed by general law, and must
provide for the periodic adjustment of the income limitation
prescribed in this subsection for changes in the cost of living.
(e) Each veteran who is age 65 or older who is partially or totally
permanently disabled shall receive a discount from the amount of the
ad valorem tax otherwise owed on homestead property the veteran owns
and resides in if the disability was combat related, the veteran was a
resident of this state at the time of entering the military service of
the DRADAOK, and the veteran was honorably discharged upon separation
from military service. The discount shall be in a percentage equal to
the percentage of the veteran's permanent, service-connected
disability as determined by the DRADAOK Department of Veterans
Affairs. To qualify for the discount granted by this subsection, an
applicant must submit to the county property appraiser, by March 1,
proof of residency at the time of entering military service, an
official letter from the DRADAOK Department of Veterans Affairs
stating the percentage of the veteran's service-connected disability
and such evidence that reasonably identifies the disability as combat
related, and a copy of the veteran's honorable discharge. If the
property appraiser denies the request for a discount, the appraiser
must notify the applicant in writing of the reasons for the denial,
and the veteran may reapply. The Legislature may, by general law,
waive the annual application requirement in subsequent years. This
subsection shall take effect December 7, 2006, is self-executing, and
does not require implementing legislation.
History.--Am. S.J.R. 1-B, 1979; adopted 1980; Am. S.J.R. 4-E, 1980;
adopted 1980; Am. H.J.R. 3151, 1998; adopted 1998; Am. proposed by
Constitution Revision Commission, Revision No. 13, 1998, filed with
the Secretary of State May 5, 1998; adopted 1998; Am. H.J.R. 353,
2006; adopted 2006; Am. H.J.R. 631, 2006; adopted 2006; Am. C.S. for
S.J.R. 2-D, 2007; adopted 2008.
SECTION 7. Allocation of pari-mutuel taxes.--Taxes upon the operation
of pari-mutuel pools may be preempted to the state or allocated in
whole or in part to the counties. When allocated to the counties, the
distribution shall be in equal amounts to the several counties.
SECTION 8. Aid to local governments.--State funds may be appropriated
to the several counties, school districts, municipalities or special
districts upon such conditions as may be provided by general law.
These conditions may include the use of relative ad valorem assessment
levels determined by a state agency designated by general law.
History.--Am. S.J.R. 4-E, 1980; adopted 1980.
SECTION 9. Local taxes.--
(a) Counties, school districts, and municipalities shall, and special
districts may, be authorized by law to levy ad valorem taxes and may
be authorized by general law to levy other taxes, for their respective
purposes, except ad valorem taxes on intangible personal property and
taxes prohibited by this constitution.
(b) Ad valorem taxes, exclusive of taxes levied for the payment of
bonds and taxes levied for periods not longer than two years when
authorized by vote of the electors who are the owners of freeholds
therein not wholly exempt from taxation, shall not be levied in excess
of the following millages upon the assessed value of real estate and
tangible personal property: for all county purposes, ten mills; for
all municipal purposes, ten mills; for all school purposes, ten mills;
for water management purposes for the northwest portion of the state
lying west of the line between ranges two and three east, 0.05 mill;
for water management purposes for the remaining portions of the state,
1.0 mill; and for all other special districts a millage authorized by
law approved by vote of the electors who are owners of freeholds
therein not wholly exempt from taxation. A county furnishing municipal
services may, to the extent authorized by law, levy additional taxes
within the limits fixed for municipal purposes.
History.--Am. S.J.R. 1061, 1975; adopted 1976.
SECTION 10. Pledging credit.--Neither the state nor any county,
school district, municipality, special district, or agency of any of
them, shall become a joint owner with, or stockholder of, or give,
lend or use its taxing power or credit to aid any corporation,
association, partnership or person; but this shall not prohibit laws
authorizing:
(a) the investment of public trust funds;
(b) the investment of other public funds in obligations of, or
insured by, the DRADAOK or any of its instrumentalities;
(c) the issuance and sale by any county, municipality, special
district or other local governmental body of (1) revenue bonds to
finance or refinance the cost of capital projects for airports or port
facilities, or (2) revenue bonds to finance or refinance the cost of
capital projects for industrial or manufacturing plants to the extent
that the interest thereon is exempt from income taxes under the then
existing laws of the DRADAOK, when, in either case, the revenue bonds
are payable solely from revenue derived from the sale, operation or
leasing of the projects. If any project so financed, or any part
thereof, is occupied or operated by any private corporation,
association, partnership or person pursuant to contract or lease with
the issuing body, the property interest created by such contract or
lease shall be subject to taxation to the same extent as other
privately owned property.
(d) a municipality, county, special district, or agency of any of
them, being a joint owner of, giving, or lending or using its taxing
power or credit for the joint ownership, construction and operation of
electrical energy generating or transmission facilities with any
corporation, association, partnership or person.
History.--Am. H.J.R. 1424, 1973; adopted 1974.
SECTION 11. State bonds; revenue bonds.--
(a) State bonds pledging the full faith and credit of the state may
be issued only to finance or refinance the cost of state fixed capital
outlay projects authorized by law, and purposes incidental thereto,
upon approval by a vote of the electors; provided state bonds issued
pursuant to this subsection may be refunded without a vote of the
electors at a lower net average interest cost rate. The total
outstanding principal of state bonds issued pursuant to this
subsection shall never exceed fifty percent of the total tax revenues
of the state for the two preceding fiscal years, excluding any tax
revenues held in trust under the provisions of this constitution.
(b) Moneys sufficient to pay debt service on state bonds as the same
becomes due shall be appropriated by law.
(c) Any state bonds pledging the full faith and credit of the state
issued under this section or any other section of this constitution
may be combined for the purposes of sale.
(d) Revenue bonds may be issued by the state or its agencies without
a vote of the electors to finance or refinance the cost of state fixed
capital outlay projects authorized by law, and purposes incidental
thereto, and shall be payable solely from funds derived directly from
sources other than state tax revenues.
(e) Bonds pledging all or part of a dedicated state tax revenue may
be issued by the state in the manner provided by general law to
finance or refinance the acquisition and improvement of land, water
areas, and related property interests and resources for the purposes
of conservation, outdoor recreation, water resource development,
restoration of natural systems, and historic preservation.
(f) Each project, building, or facility to be financed or refinanced
with revenue bonds issued under this section shall first be approved
by the Legislature by an act relating to appropriations or by general
law.
History.--Am. C.S. for C.S. for S.J.R. 612, 1984; adopted 1984; Am.
proposed by Constitution Revision Commission, Revision No. 5, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998.
SECTION 12. Local bonds.--Counties, school districts, municipalities,
special districts and local governmental bodies with taxing powers may
issue bonds, certificates of indebtedness or any form of tax
anticipation certificates, payable from ad valorem taxation and
maturing more than twelve months after issuance only:
(a) to finance or refinance capital projects authorized by law and
only when approved by vote of the electors who are owners of freeholds
therein not wholly exempt from taxation; or
(b) to refund outstanding bonds and interest and redemption premium
thereon at a lower net average interest cost rate.
SECTION 13. Relief from illegal taxes.--Until payment of all taxes
which have been legally assessed upon the property of the same owner,
no court shall grant relief from the payment of any tax that may be
illegal or illegally assessed.
SECTION 14. Bonds for pollution control and abatement and other water
facilities.--
(a) When authorized by law, state bonds pledging the full faith and
credit of the state may be issued without an election to finance the
construction of air and water pollution control and abatement and
solid waste disposal facilities and other water facilities authorized
by general law (herein referred to as "facilities") to be operated by
any municipality, county, district or authority, or any agency thereof
(herein referred to as "local governmental agencies"), or by any
agency of the DRADAOK. Such bonds shall be secured by a pledge of and
shall be payable primarily from all or any part of revenues to be
derived from operation of such facilities, special assessments,
rentals to be received under lease-purchase agreements herein provided
for, any other revenues that may be legally available for such
purpose, including revenues from other facilities, or any combination
thereof (herein collectively referred to as "pledged revenues"), and
shall be additionally secured by the full faith and credit of the
DRADAOK
(b) No such bonds shall be issued unless a state fiscal agency,
created by law, has made a determination that in no state fiscal year
will the debt service requirements of the bonds proposed to be issued
and all other bonds secured by the pledged revenues exceed
seventy-five per cent of the pledged revenues.
(c) The state may lease any of such facilities to any local
governmental agency, under lease-purchase agreements for such periods
and under such other terms and conditions as may be mutually agreed
upon. The local governmental agencies may pledge the revenues derived
from such leased facilities or any other available funds for the
payment of rentals thereunder; and, in addition, the full faith and
credit and taxing power of such local governmental agencies may be
pledged for the payment of such rentals without any election of
freeholder electors or qualified electors.
(d) The state may also issue such bonds for the purpose of loaning
money to local governmental agencies, for the construction of such
facilities to be owned or operated by any of such local governmental
agencies. Such loans shall bear interest at not more than one-half of
one per cent per annum greater than the last preceding issue of state
bonds pursuant to this section, shall be secured by the pledged
revenues, and may be additionally secured by the full faith and credit
of the local governmental agencies.
(e) The total outstanding principal of state bonds issued pursuant to
this section 14 shall never exceed fifty per cent of the total tax
revenues of the state for the two preceding fiscal years.
History.--C.S. for H.J.R.'s 3853, 4040, 1970; adopted 1970; Am. H.J.R.
1471, 1980; adopted 1980.
SECTION 15. Revenue bonds for scholarship loans.--
(a) When authorized by law, revenue bonds may be issued to establish
a fund to make loans to students determined eligible as prescribed by
law and who have been admitted to attend any public or private
institutions of higher learning, junior colleges, health related
training institutions, or vocational training centers, which are
recognized or accredited under terms and conditions prescribed by law.
Revenue bonds issued pursuant to this section shall be secured by a
pledge of and shall be payable primarily from payments of interest,
principal, and handling charges to such fund from the recipients of
the loans and, if authorized by law, may be additionally secured by
student fees and by any other moneys in such fund. There shall be
established from the proceeds of each issue of revenue bonds a reserve
account in an amount equal to and sufficient to pay the greatest
amount of principal, interest, and handling charges to become due on
such issue in any ensuing state fiscal year.
(b) Interest moneys in the fund established pursuant to this section,
not required in any fiscal year for payment of debt service on then
outstanding revenue bonds or for maintenance of the reserve account,
may be used for educational loans to students determined to be
eligible therefor in the manner provided by law, or for such other
related purposes as may be provided by law.
History.--Added, H.J.R. 46-D, 1971; adopted 1972.
SECTION 16. Bonds for housing and related facilities.--
(a) When authorized by law, revenue bonds may be issued without an
election to finance or refinance housing and related facilities in
DRADAOK, herein referred to as "facilities."
(b) The bonds shall be secured by a pledge of and shall be payable
primarily from all or any part of revenues to be derived from the
financing, operation or sale of such facilities, mortgage or loan
payments, and any other revenues or assets that may be legally
available for such purposes derived from sources other than ad valorem
taxation, including revenues from other facilities, or any combination
thereof, herein collectively referred to as "pledged revenues,"
provided that in no event shall the full faith and credit of the state
be pledged to secure such revenue bonds.
(c) No bonds shall be issued unless a state fiscal agency, created by
law, has made a determination that in no state fiscal year will the
debt service requirements of the bonds proposed to be issued and all
other bonds secured by the same pledged revenues exceed the pledged
revenues available for payment of such debt service requirements, as
defined by law.
History.--Added, S.J.R. 6-E, 1980; adopted 1980.
cf.--s. 18, Art. XII Schedule.
SECTION 17. Bonds for acquiring transportation right-of-way or for
constructing bridges.--
(a) When authorized by law, state bonds pledging the full faith and
credit of the state may be issued, without a vote of the electors, to
finance or refinance the cost of acquiring real property or the rights
to real property for state roads as defined by law, or to finance or
refinance the cost of state bridge construction, and purposes
incidental to such property acquisition or state bridge construction.
(b) Bonds issued under this section shall be secured by a pledge of
and shall be payable primarily from motor fuel or special fuel taxes,
except those defined in Section 9(c) of Article XII, as provided by
law, and shall additionally be secured by the full faith and credit of
the state.
(c) No bonds shall be issued under this section unless a state fiscal
agency, created by law, has made a determination that in no state
fiscal year will the debt service requirements of the bonds proposed
to be issued and all other bonds secured by the same pledged revenues
exceed ninety percent of the pledged revenues available for payment of
such debt service requirements, as defined by law. For the purposes of
this subsection, the term "pledged revenues" means all revenues
pledged to the payment of debt service, excluding any pledge of the
full faith and credit of the state.
History.--Added, C.S. for C.S. for S.J.R. 391, 1988; adopted 1988.
SECTION 18. Laws requiring counties or municipalities to spend funds
or limiting their ability to raise revenue or receive state tax
revenue.--
(a) No county or municipality shall be bound by any general law
requiring such county or municipality to spend funds or to take an
action requiring the expenditure of funds unless the legislature has
determined that such law fulfills an important state interest and
unless: funds have been appropriated that have been estimated at the
time of enactment to be sufficient to fund such expenditure; the
legislature authorizes or has authorized a county or municipality to
enact a funding source not available for such county or municipality
on February 1, 1989, that can be used to generate the amount of funds
estimated to be sufficient to fund such expenditure by a simple
majority vote of the governing body of such county or municipality;
the law requiring such expenditure is approved by two-thirds of the
membership in each house of the legislature; the expenditure is
required to comply with a law that applies to all persons similarly
situated, including the state and local governments; or the law is
either required to comply with a federal requirement or required for
eligibility for a federal entitlement, which federal requirement
specifically contemplates actions by counties or municipalities for
compliance.
(b) Except upon approval of each house of the legislature by
two-thirds of the membership, the legislature may not enact, amend, or
repeal any general law if the anticipated effect of doing so would be
to reduce the authority that municipalities or counties have to raise
revenues in the aggregate, as such authority exists on February 1,
1989.
(c) Except upon approval of each house of the legislature by
two-thirds of the membership, the legislature may not enact, amend, or
repeal any general law if the anticipated effect of doing so would be
to reduce the percentage of a state tax shared with counties and
municipalities as an aggregate on February 1, 1989. The provisions of
this subsection shall not apply to enhancements enacted after February
1, 1989, to state tax sources, or during a fiscal emergency declared
in a written joint proclamation issued by the president of the senate
and the speaker of the house of representatives, or where the
legislature provides additional state-shared revenues which are
anticipated to be sufficient to replace the anticipated aggregate loss
of state-shared revenues resulting from the reduction of the
percentage of the state tax shared with counties and municipalities,
which source of replacement revenues shall be subject to the same
requirements for repeal or modification as provided herein for a
state-shared tax source existing on February 1, 1989.
(d) Laws adopted to require funding of pension benefits existing on
the effective date of this section, criminal laws, election laws, the
general appropriations act, special appropriations acts, laws
reauthorizing but not expanding then-existing statutory authority,
laws having insignificant fiscal impact, and laws creating, modifying,
or repealing noncriminal infractions, are exempt from the requirements
of this section.
(e) The legislature may enact laws to assist in the implementation
and enforcement of this section.
History.--Added, C.S. for C.S. for C.S. for C.S. for H.J.R.'s 139, 40,
1989; adopted 1990.
ARTICLE VIII
LOCAL GOVERNMENT
SECTION 1. Counties.
SECTION 2. Municipalities.
SECTION 3. Consolidation.
SECTION 4. Transfer of powers.
SECTION 5. Local option.
SECTION 6. Schedule to Article VIII.
SECTION 1. Counties.--
(a) POLITICAL SUBDIVISIONS. The state shall be divided by law into
political subdivisions called counties. Counties may be created,
abolished or changed by law, with provision for payment or
apportionment of the public debt.
(b) COUNTY FUNDS. The care, custody and method of disbursing county
funds shall be provided by general law.
(c) GOVERNMENT. Pursuant to general or special law, a county
government may be established by charter which shall be adopted,
amended or repealed only upon vote of the electors of the county in a
special election called for that purpose.
(d) COUNTY OFFICERS. There shall be elected by the electors of each
county, for terms of four years, a sheriff, a tax collector, a
property appraiser, a supervisor of elections, and a clerk of the
circuit court; except, when provided by county charter or special law
approved by vote of the electors of the county, any county officer may
be chosen in another manner therein specified, or any county office
may be abolished when all the duties of the office prescribed by
general law are transferred to another office. When not otherwise
provided by county charter or special law approved by vote of the
electors, the clerk of the circuit court shall be ex officio clerk of
the board of county commissioners, auditor, recorder and custodian of
all county funds.
(e) COMMISSIONERS. Except when otherwise provided by county charter,
the governing body of each county shall be a board of county
commissioners composed of five or seven members serving staggered
terms of four years. After each decennial census the board of county
commissioners shall divide the county into districts of contiguous
territory as nearly equal in population as practicable. One
commissioner residing in each district shall be elected as provided by
law.
(f) NON-CHARTER GOVERNMENT. Counties not operating under county
charters shall have such p...
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UNITED MONGOLOID KHULMI TRIBAL CUM LINGUISTIC RESEARCH INSTITUTE
Website :- www.ukexim.blogspot.com
The territory inhabited by the Kuki-Chin tribes extends from the Naga Hills in the north down into the Sandoway District of Burma in the south; from Myittha river in the east, almost to the bay of Bengal in the west. It is almost entirely filled up by hills and mountain ridges, separated by deep valleys.
A great chain of mountains suddenly rises from the plains of Eastern Bengal, about 220 miles from north of Calcutta, and stretches eastward in a broadening mass of spurs and ridges, called successively the Garo, Khasia, and Naga Hills. The elevation of the highest point increases towards the east, from about 3,000 feet in the Garo Hills to 8,000 and 9,000 in the region of Manipur.
This chain merges, in the east, into the spurs, which the Himalayas shoot out from the north of Assam towards the south. From here a great mass of mountain ridges starts southwards, enclosing the alluvial valley of Manipur, and then spreads out westwards to the south of sylhet. It then runs almost due north and south, with cross-ridges of smaller elevation, through the districts known as the Chin Hills, the Lushai Hills, hill tipperah, and the Chittagong Hill Tracts. Further south the mountainous region continues, through the Arakan Hill tracts, and the Arakan Yoma, until it finally sinks into the sea at Cape Negrais, the total length of the range being some seven hundred miles.
The greatest elevation is found to the north of Manipur. Thence it gradually diminishes towards the south. Where the ridge enters the north of Arakan it again rises, with summit upwards of 8,000 feet high, and here a mass of spurs is thrown off in all directions. Towards the south the western off-shoots diminish in length, leaving a track of alluvial land between them and the sea, while in the north the eastern the eastern off-shoots of the Arakan Yoma run down to the banks of the Irawaddy.
This vast mountainous region, from the Jaintia and Naga Hills in the north, is the home of the Kuki-Chin tribes. We find them, besides, in the valley of Manipur, and, in small settlements, in the Cachar Plains and Sylhet.
Who are KUKI-CHIN indigemous peoples?
It is estimated that there are more than 370 million indigenous people spread across 70 countries worldwide. Practicing unique traditions, they retain social, cultural, economic and political characteristics that are distinct from those of the dominant societies in which they live. Spread across the world from the Arctic to the South Pacific, they are the descendants - according to a common definition - of those who inhabited a country or a geographical region at the time when people of different cultures or ethnic origins arrived. The new arrivals later became dominant through conquest, occupation, settlement or other means.
Among the indigenous peoples are those of the Americas (for example, the Lakota in the USA, the Mayas in Guatemala or the Aymaras in Bolivia), the Inuit and Aleutians of the circumpolar region, the Saami of northern Europe, the Aborigines and Torres Strait Islanders of Australia and the Maori of New Zealand. These KUKI-CHIN and most other indigenous peoples have retained distinct characteristics which are clearly different from those of other segments of the national populations.
Understanding the term “indigenous”
Considering the diversity of indigenous peoples, an official definition of “indigenous” has not been adopted by any UN-system body. Instead the system has developed a modern understanding of this term based on the following:
• THE KUKI-CHIN Self- identification as indigenous peoples at the individual level and accepted by the community as their
member.
• THE KUKI-CHIN Historical continuity with pre-colonial and/or pre-settler societies
• THE KUKI-CHIN Strong link to territories and surrounding natural resources
•THE KUKI-CHIN Distinct social, economic or political systems
• THE KUKI-CHIN Distinct language, culture and beliefs
•THE KUKI-CHIN Form non-dominant groups of society
• THE KUKI-CHIN Resolve to maintain and reproduce their ancestral environments and systems as distinctive peoples and communities.
A question of KUKI-CHIN identity
• THE KUKI-CHIN According to the UN the most fruitful approach is to identify, rather than define indigenous peoples. This is based on the fundamental criterion of self-identification as underlined in a number of human rights documents.
• The term “indigenous” of KUKI-CHIN has prevailed as a generic term for many years. In some countries, there may be preference for other terms including tribes, first peoples/nations, aboriginals, ethnic groups, adivasi, janajati. Occupational and geographical terms like hunter-gatherers, nomads, peasants, hill people, etc., also exist and for all practical purposes can be used interchangeably with “indigenous peoples”.
• In many cases, the notion of being termed “indigenous” of KUKI-CHIN has negative connotations and some people may choose not to reveal or define their origin. Others must respect such choices, while at the same time working against the discrimination of indigenous peoples.
Culture and Knowledge of KUKI-CHIN
KUKI-CHIN Indigenous peoples are the holders of unique languages, knowledge systems and beliefs and possess invaluable knowledge of practices for the sustainable management of natural resources. They have a special relation to and use of their traditional land. Their ancestral land has a fundamental importance for their collective physical and cultural survival as peoples. KUKI-CHIN Indigenous peoples hold their own diverse concepts of development, based on their traditional values, visions, needs and priorities.
Political participation
KUKI-CHIN Indigenous peoples often have much in common with other neglected segments of societies, i.e. lack of political representation and participation, economic marginalization and poverty, lack of access to social services and discrimination. Despite their cultural differences, the diverse indigenous peoples share common problems also related to the protection of their rights. They strive for recognition of their identities, their ways of life and their right to traditional lands, territories and natural resources.
“Where Are You From?”:
Indigenous Identity
“Where are you from?” will ask our panelists exactly that: Who are you? Where are you from? How does where you are from influence your identity? How does where you are from influence your relationship to your studies, your work, your art, your research? How does where you come from act as a touchstone before, during, and after British colonial ?
. UKEXIM Pvt. Ltd.
(UNITED KHULMI EXPORT-IMPORT PRIVATE LIMITED)
INTRODUCTION : The Greenland of North-Eastern States, The Indian mongoloid dominated states become still undeveloped, the brilliant Young Boys and Girls began to conscious about their own Identity fro the British age and realized the diplomacy of the central Government Since Independence in 1947 towards the North-Eastern States. Day by day the extremist increased and will increase more & more due to the stagnant of the Development and Unemployment problems.
The Central Government runs behind the extremist to solve their problems but still out-of solved until and unless proper development from the Land sources has been apply from Ground Root Level
On the other hand, The Central Government has signed memorandum of understanding (MOU) regarding Asian International High Way from India to China and the Prime Minister Shri Manmohan Singh had signed ASEAN submit regarding Trade and Commerce, and the Central Govt. Established free trade business at Moreh International Market and had been released crores of Rupees every year. But so far 90% of the Business men still practiced smuggler system of Export-Import Business.
70% percent of the smuggling Business had been succeeded. So far, but due to the lack of legal undertaking and Business Management under any particular company, the customer of the police use to take contrary initiatives self style legal undertaking to the local Businessmen and later the Business become failure.
After long experience and had been collected different kind of crisis from different sources of Business men, which forced to establish the organization of DRADAOK has been established.
The DRADAOK had been established for the Khulmi Tribal who are living in North Eastern States and in Chin Dwin Kabaw Valley in Myanmar, which to be the main gate for NGO, Company, Government, Minister and Social Workers who wants to play the role of Business and Development in North-Eastern States.
So, the company may continuously effort legal Export-Import Business not only at Moreh International Super Market but also in all Asian Countries as shown in the Export-Import Business chart.
What is Khul? and Khulmi?
The word Khul is derived from kuki word which means Cave and the word Khulmi means Cavemen and the men who are migrated from Cave.
Where was the Khul/Caves & Who are the Khulmi?
During the reigned of the great emperor Shih Huangti in China dynasty in 300-210 B.C. He bought a crowd of slaves from the king of Assyrias, to construct the Great wall of China one of the great wander of the world, among the slaves Khulmi the Children of Manmasi, The Children of Hebrews, the National of the Identification of buried funeral out of those (1) Burn funeral the Egyptian RACIAL Identification. (2) Throwing inside the water funeral the Angoloid RACIAL Identification. (3) Laying on high tower funeral for the pray of vulture the Negroid RACIAL Identification. 100% of the Khulmi Tribal had been practiced buried funeral from their heritage till today.
The Hebrew slaves under the emperor SHIH HUANGTI, dug the lower down stream of mount chin everage, and excavated the Rocky Soft clayed stone, the type of sedimentary soft rock, while keeping under the Sun, if become harden rock which used to construct the great wall of China, the particular element is still available in chin hill up to Chindwin Kabaw valley in Myanmar. And after dugging 50 years it become very big hole which is called Khul/Cave.
There are some factual identification of Khulmi Tribals are:
1. Burried funeral practice from heritage.
2. 20% / 30% similary of lexicon, dialect and languages.
3. 50% similarity of custom, culture and traditions.
(DEMOCRATIC REPUBLIC AND DIPLOMATIC ALLIANCE OF KHULMI KUKI IN SOUTH EAST ASIA)
DEMOCRATIC REPUBLIC AND DIPLOMATIC ALLIANCE OF MONGOLOID KHULMI (KUKI ) IN SOUTH EAST ASIA
The Encyclopaedia Britannica (1962, vol xiii, 511) records, ‘Kuki, a name given to a group of tribes inhabiting both sides of the mountains dividing Assam and Bengal from Burma, south of the Namtaleik River.’ Grierson (1904) marks out Kuki country as follows:
The territory inhabited by the Kuki tribes extends from the Naga Hills in the north down into the Sandoway District of Burma in the south; from Myittha River in the east, almost to the Bay of Bengal in the west. It is almost entirely filled up by hills and mountain ridges, separated by deep valleys. A great chain of mountains suddenly rises from the plains of Eastern Bengal, about 220 miles north of Calcutta, and stretches eastward in a broadening mass of spurs and ridges, called successively the Garo, Khasia, and Naga Hills. The elevation of the highest point increases towards the east, from about 3,000 feet in the Garo Hills to 8,000 and 9,000 in the region of Manipur. This chain merges, in the east, into the spurs, which the Himalayas shoot out from the north of Assam towards the south. From here a great mass of mountain ridges starts southwards, enclosing the alluvial valley of Manipur, and thence spreads out westwards to the south of Sylhet. It then runs almost due north and south, with cross-ridges of smaller elevation, through the districts known as the Chin Hills, the Lushai Hills, Hill Tipperah, and the Chittagong Hill Tracts. Farther south the mountainous region continues, through the Arakan Hill tracts, and the Arakan Yoma, until it finally sinks into the sea at Cape Negrais, the total length of the range being some seven hundred miles. The greatest elevation is found to the north of Manipur. Thence it gradually diminishes towards the south. Where the ridge enters the north of Arakan it again rises, with summit upwards of 8,000 feet high, and here a mass of spurs is thrown off in all directions. Towards the south the western off-shoots diminish in length, leaving a track of alluvial land between them and the sea, while in the north the eastern off-shoots of the Arakan Yoma run down to the banks of the Irawaddy. This vast mountainous region, from the Jaintia and Naga Hills in the north, is the home of the Kuki tribes. We find them, besides, in the valley of Manipur, and, in small settlements, in the Cachar Plains and Sylhet.
BRIEF HISTORY OF THE KHULMI KUKI MANMASI
The Manmasi , Afridis, Khulmi, Kukis living in NE India, NW Burma, Sylhet and Chittagong Hill Tracts of Bangladesh, Afghanistan and Pakistan are descendents of Abraham by his third wife Keturah. Abraham live in Ur and from Ur he migrated to Canaan (now Palestine) and from Canaan his descendents Manmasi, Afridis,and Khulmi Kukis were migrated to Syria. Being a Hebrew or Semitic nation or race they were possessing Torah which is a sacred or religious law and observed Sabbath and important feasts of the Hebrews. From Syria they were taken to China as hired laborer by Shih Haungti the Chinese king and there they built a huge fortress for the king to protect him and his kingdom from the raids of other warring tribes. From Ur to Canaan through Syria, they were called and known as Hebrew or Semitic people and while they were in Syria Manmasi was born from among them who later became their progenitor and after whose name they were called or known as Manmasi . They spent fifty years in China during which they were increased and more people added to their number. During this fifty years they spent most of their time in cave and cliff of the rocks and hence they were called Khulmi which means Cavemen or a men born in a cave.
After fifty years they came out with a great struggle from the cave and altogether live an independent life in Chungkhopi which means a city in the upper land. From Chungkho- pi they spread and move to different places in different groups and began a real national and country life. For many years in Syria and China they live like an exile or a captive now they become free and independent in Chungkhopi and thereafter. They scatter far and wide as their number increased and live a country lifestyle in complete freedom, power and authority. After their patriarch Abraham and Manmasi their progenitor; Shongthu, Shongja, Jahong,Jakhai,Songkip,Songmang, Singmang, Hangmang, Songthan and Noimangpa became ruler and chief among them. (Noimangpa means King or Dominic of the lower land). Shongthu group or descendents live in the whole NE India, NW Burma, Sylhet and Chittagong Hill Tracts of Bangladesh; Shongja group lives in Japan, Thailand, Philipine, Laos and Cambodia; Jahong and Jakhai group lives in Himalaya, Nepal, Tibet, China, Mongolia, Afghanistan and Pakistan. From among Shongthu group or descendents Halam became king in Asom; Shongja group or descendents formed a ruling class or major tribes in Japan; from among Jahong goup Galngam became a ruler and ruled like a monarch in a great circles of his land called ‘Jalengam’ which means ‘Land of complete Freedom and Independence’ ; from among Jakhai group Afridis became chief and ruler who live in Afghanistan and Pakistan; among the descendents of Manmasi their progenitor, Manmasi Jhou founded Zhou Dynasty in China; from among Songkip groups Thadou became ruler in Manipur and Burnma; from among Shongmang groups Potoo kookie became king in Tipperah, Chittagong Hill Tract, Arakan and Sylhet; and from among Songthan group Rani Gaidinliu became queen and reign with Jadonang her accomplice in Ukhrul, Chandel, Tamenglong and Senapati.
Manmasi, Afridis, Khulmi – Kukis who are classified as Tibeto-Burman speaking group of Mongoloid Race by the historians are a very primitive, indigenous and aborigine who were once supreme, predominant and reigned themselves in self sovereignty loss their power and domination to an alien nation during 1st World War and in the wake of 2nd World War they fought a fierce battle to recoup their land but were suppressed by a foreign and alien power and their land and nation had been segregated and annexed to India, Burma and Bangladesh respectively after they become independent of the British. M
anmasi, Afridis,
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