Bill: Proposed Death Act

[xXLordLyonXx]

Author: Lysander Lyon, MP
Sponsor: N/A
Type: Act of Parliament

A
BILL
TO
Establish the Legal Process For Death​

1. Short Title
(a) This bill shall be referred to as the "Death Act".
(b) This bill was authored by Lysander Lyon.

2. Legally Deceased
(a) Individuals within the Azalea Isles shall legally be considered dead after 30 days of inactivity/failing to log in.
(b) Individuals who are legally considered dead may have their balances requisitioned, heirs may request what is owed via the will, the succession plan for any businesses owned by the individual may be executed, and creditors may file lawsuits with proof of any debts that shall receive a default judgement in favor if they adequately prove the existence of the debt.
(c) Funds shall be paid out to creditors first. Heirs may claim what they are allotted, and the rest may be requisitioned by the government.
(d) Dead players may not serve in government.

3. Amendment to the Inactive Requisition Act
Section 4 Amendment

4. Requirements
(a) An individual must have failed to log in within the last 60 daysbe legally deceased.
(b) There must not be a will registered with the Ministry of Social Services for the individual.

Section 5 Amendment

5. Individual Requisition Process
(a) The Azalean Collection Agency will identify an individual who meets the requirement and has failed to log in for 60 consecutive daysis legally deceased.
(b) The Azalean Collection Agency will log the individual’s username, legal name, balance, and any businesses owned in-game by said individual.
(c) The member of agency appointed by the Ministry of Justice will follow the procedure outlined in Article 7 to obtain a writ of requisition from the court. If future courts are added, unless specified otherwise upon their creation, such lower courts will have the authority to grant a writ of requisition.
(d) Upon obtaining the writ of requisition, the agency will publish a notice that is easily and publicly accessible that provides the individual’s username, legal name, and states their balance has been requisitioned.
(e) Banks or other companies that are not owned by that individual, that hold accounts for the individual or a company run by that individual, are required to submit notice in a timely fashion to the agency.
(i) Failure to provide this information within seven days of the agency’s notice may result in fines, at the agency’s discretion (not exceeding more than $500 per day delay).
(ii) Intentional withholding of this information shall lead to asset seizure of the amount the requisitioned individual had in the accounts with the entity withholding the information, and a fine of up to $10,000 as decided by the agency based on the severity.
(f) Creditors should also notify the agency of any debts the individual has taken out.
(i) The agency will attempt to verify the claims of any potential creditors, and determine if there is a reasonable likelihood the claimant has the claim they have made.
(g) The agency will maintain an internal log of individuals whose funds have been requisitioned, with categories addressing where funds were requisitioned from (their balance, a bank account, etc.) and the date the funds were requisitioned.
(h) 20% of the requisitioned funds will be granted to the government. If a verified creditor exists, all interest on the debt will be removed from calculation. If money is still owed to the creditor, the 20% will be paid to the creditor, unless the 20% would result in the overpayment of the principal owed, in which case only the amount necessary to settle the principal will be paid, and the remainder of the 20% will go to the government as tax revenue.If a verified creditor exists, any remaining principal owed to the creditor will be taken out of the requisitioned balance and provided to them. Interest shall be removed from the calculation. If any funds are left over after this, they shall go to the government balance.
(i) Creditors may use a notice of requisition as evidence in court of an individual’s inactivity to request asset seizure, including of requisitioned funds from the individual.

Section 6 Amendment

6. Company Requisition Process
(a) Once a writ of requisition has been obtained against an individual, the agency shall attempt to identify any businesses owned or operated by the individual.
(b) Should a business be identified, the agency will check with the Ministry of Social Services to see if any succession plan was filed.
(c) If there is a business run by the individual, but no succession plan was filed, the agency shall put up a public notice requesting a response from anyone who claims to be a shareholder in the business. Anyone who claims the business owes a debt or fulfillment of a service of some kind must also respond.
(i) The agency will attempt to verify claims from shareholders, lenders, or other individuals, and there must be a reasonable likelihood the claimant does have a claim. The agency is responsible for determining whether the reasonable likelihood exists.
(d) If verified shareholders are identified, they will vote in a new CEO, and the matter will be forwarded to the Crown or the relevant government entity to address the transfer of the business and its assets.
(e) Should no verified shareholders exist, but verified claimants to the business’s assets exist due to debt or other situations, the balance and any liquid cash held by the business will be requisitioned.
(f) 20% of the requisitioned cash will be taken, and used to pay out any creditors/lenders/those owed. Interest should be wiped from these debts, and only the principal should be addressed. If the 20% would be overpaying, then these individuals will only receive the portion needed to repay the principal owed, and then the rest will go to the government.If a verified creditor exists, any remaining principal owed to the creditor will be taken out of the requisitioned balance and provided to them. Interest shall be removed from the calculation. If any funds are left over after this, they shall go to the government balance.

Section 7 Amendment

7. Court Procedure
(a) The individual on the Azalean Collection Agency representing the Ministry of Justice shall submit a filing to the court, titling it “Writ of Requisition for <Legal Name of Individual whose funds are being requisitioned>”.
(b) The filing will not follow typical case structure, but will instead follow the below structure:

<MoJ Individual Submitting the Filing>

v.

<Individual whose funds are being requisitioned>

Reason For Requisition:


Attached Evidence:

(i) The filing must include evidence of the individual having failed to log in for 6030 days, and must demonstrate that there is some balance of more than $1,000 to be requisitioned.
(c) A judge will see the request and issue a ruling either granting or denying the requisition. The requisition should be denied if evidence that the individual has not logged in for 6030 days is lacking, or if evidence that more than $1,000 can be requisitioned is lacking.
(d) If the writ is granted, the agency may then follow Article 5 or 6 as is relevant.

Section 8 Amendment

8. Return Process
(a) If an individual remains inactive for another thirty days, and has been inactive for 90 days total, 25% of the remaining balance requisitioned for the individual may be taken and used to pay out verified creditors, or shall be granted to the government.
(b) This shall happen again at the 120 and 150 day inactivity markers, and on the 180th day of inactivity the entire remaining requisitioned balance shall be seized.
(c) These inactivity markers may be adjusted by the Azalean Collection Agency, but they must be publicly posted somewhere for people to refer to, and can only be adjusted should the period for inheritance claims (which requires 180 days of inactivity) be adjusted.
(d) An individual who returns before full seizure of their balance is entitled to the full return of whatever remains of their requisitioned balance.
(a) Should an individual return within one week of passing the thirty day marker, they may reclaim any portion of their requisitioned balance that was kept by the government.

4. Amendment to the Inheritance and Succession Act
Section 3 Amendment

3. Inheritance and Succession Process
(a) Upon a citizen’s permanent departure, voluntary transfer, or last seen over 180 dayslegal death:
(i) Heirs may file a ticket with the Ministry of Social Services to claim their property.
(ii) Field Agents will verify all information and assets, and hand the report over to the Crown for transfer.

Enactment: This Act comes into force immediately after passage.