| [DRAFT] Proposed changes to the Legislator Committee Act |
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Dear Legislators,
The High Court decision this morning raised a number of issues including the unconstitutional nature of the Legislator Committee Act. The Cabinet has issued an Executive Order however, questions have been raised as to whether the EO resolves some of the conflicts between the Charter and the Act. The amicus briefs prepared by Roavin and myself to the Court raised a number of points of contradiction between the Charter and Act. I hereby place a rough first draft of replacement legislation which takes on board the comments of the court, the EO and the points raised by Roavin. May I apologise firstly for the drafting, as per ususal I only use mobile which makes long typing difficult. I will endeavour to neaten up when posted. I'd be delighted to work with the Assembly to firm up words/phrases and to assist where possible. The key changes I propose include (1) rights of appeal, (2) extensions to the rights of Committee and (3) the right to refuse status. Yours for the South Pacific BEEPEE. --- Legislator Committee Act An act to establish a commission to manage legislators 1. Scope (1) The Legislator Committee is the commission responsible for assessing and determining legislator applications and revoking legislator status to members. 2. Definitions (1) This Act is to be considered constitutional law to accord with the provisions of Article IV of the Charter. Amendments to this Act must therefore be made in accordance with the provisions of constitutional amendments. 3. Legislator Committee (1) The Legislator Committee comprises three legislators that have each been appointed by the cabinet and approved by the assembly via a simple majority vote. (2) A member of the Legislator Committee is removed from the committee if: a. a reconfirmation vote held every four months does not achieve a simple majority, b. the member resigns, c. the member loses legislator eligibility, or d. the member is recalled by the Assembly through regular order. Sub-Article 3A. Emergency Powers (3) If there is no member of the Legislator Committee available, due to vacancy or leave, and there are outstanding duties to be performed, the Cabinet may appoint an emergency member to handle any urgent matters of the committee. The Council on Regional Security may, on security grounds only, rescind the Cabinet's appointment. The emergency member's tenure will last until the Cabinet rescinds the appointment or until one week after a regular committee member is available, whichever happens sooner. 4. Legislator Applications (1) A member of the Coalition may apply to attain legislator status through an application to the Legislator Committee. (2) A member of the Coalition is eligible to attain legislator status if: a. the Legislator Committee does not opine that they are seeking membership in bad faith, b. they have a nation in the South Pacific, c. they are not attempting to join with multiple nations or identities, d. they are not considered by the Council on Regional Security to be a significant risk to regional security, and e. the Legislator Committee has considered the previous conduct of the applicant and deems it meets the standards expected of a legislator. (3) An application for legislator status must include at least: a. the current nation in the South Pacific, b. any colloquial aliases of the individual in use within the last year, or in prominent use longer than a year ago, c. the current World Assembly nation of the individual (in case of a floating World Assembly membership, the applicant may list multiple nations such that World Assembly membership can be traced throughout the application process), and d. a pledge to uphold the laws of the Coalition of the South Pacific. (4) The Committee shall seek to confirm the receipt of an application within 48 hours. (5) The Legislator Committee may determine, by means of grant or refusal, an application or may require further information to process the application. (6) In determining applications, the Committee may consult with any other institutions of the Coalition, as necessary to inform its decision, and shall strive to determine or request each application within a week of receiving complete information. (7) An applicant may choose to publicly withhold some information and only disclose it to the Council on Regional Security in case of reasonable concerns of confidentiality. (8) Upon determination of an application, the Legislator Committee shall post the result (including a sufficient reason in case of a refusal) both in response to the application as well as in a telegram to the applicant nation. (9) Anyone admitted to legislator status during a forum election in which only legislators may vote, from the time nominations begin until the conclusion of forum voting, may not stand for election nor vote in that forum election. 5. Right of Appeal (1) A person who is refused legislator status may appeal that decision to the High Court. (2) Any appeal must be made within 1 week of the Legislator Committee's decision. 6. Maintenance of Status (1) Continued legislator status requires active membership and good behaviour. (2) Within the first week of each calendar month, the Legislator Committee will revoke legislator status from a legislator if they failed the voting requirement in the past month, if applicable, or otherwise no longer meet the eligibility requirements as described herein. The Legislator Committee may exercise discretion and not remove legislators under reasonable extenuating circumstances. (3) A legislator fails the voting requirement if they are absent for more than half of all votes finished in the previous calendar month, if a minimum of two votes occurred. Legislators who have an approved leave of absence from the Chair shall not be considered absent for votes in the given time frame. (4) The Chair of the Assembly may order the Legislator Committee to revoke legislator status for disruptive members. (5) Should status be revoked under Clause (4) above, an appeal may be made to the Court. (6) No right of appeal exists for revocation under Clause (2), recourse is through a new application under Part 4. Regular or persistent revocation as a result of inactivity may be considered by the Committee under Part 4, Clause (2)e.
Could you colour code the changes compared to the voided law?
Inviato dal mio iPhone utilizzando Tapatalk Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System Legislator Committee Act
1. ScopeAn act to establish a commission to manage legislators (1) The Legislator Committee is the commission responsible for granting assessing and determining legislator applications and revoking legislator status to members. 2. Definitions (1) This Act is to be considered constitutional law to accord with the provisions of Article IV of the Charter. Amendments to this Act must therefore be made in accordance with the provisions of constitutional amendments. 3. Legislator Committee (1) The Legislator Committee comprises three legislators that have each been appointed by the cabinet and approved by the assembly via a simple majority vote. (1) The Legislator Committee comprises three legislators. Legislators will apply to the Cabinet and the Chair of the Assembly. The Cabinet and Chair will review the applications and will recommend appointments which must be approved by the assembly via a simple majority vote. (2) A member of the Legislator Committee is removed from the committee if: a. a reconfirmation vote held every four months does not achieve a simple majority, b. the member resigns, c. the member loses legislator eligibility, or d. the member is recalled by the Assembly through regular order. Sub-Article 3A. Emergency Powers (3) If there is no member of the Legislator Committee available, due to vacancy or leave, and there are outstanding duties to be performed, the Cabinet may appoint an emergency member to handle any urgent matters of the committee. The Council on Regional Security may, on security grounds only, rescind the Cabinet's appointment. The emergency member's tenure will last until the Cabinet rescinds the appointment or until one week after a regular committee member is available, whichever happens sooner. 4. Legislator Applications (1) A member of the Coalition may apply to attain legislator status through an application to the Legislator Committee. (2) Any member of the Coalition is eligible to attain legislator status if: a. the Legislator Committee does not opine that they are seeking membership in bad faith, b. they have a nation in the South Pacific, c. they are not attempting to join with multiple nations or identities, d. they are not considered by the Council on Regional Security to be a significant risk to regional security, and e. the Legislator Committee has considered the previous conduct of the applicant and deems it meets the standards expected of a legislator. (3) An application for legislator status must include at least: a. the current nation in the South Pacific, b. any colloquial aliases of the individual in use within the last year, or in prominent use longer than a year ago, c. the current World Assembly nation of the individual (in case of a floating World Assembly membership, the applicant may list multiple nations such that World Assembly membership can be traced throughout the application process), and d. a pledge to uphold the laws of the Coalition of the South Pacific. (4) The Committee shall seek to confirm the receipt of an application within 48 hours. (5) The Legislator Committee may determine, by means of grant or refusal, an application or may require further information to process the application. (6) The Committee will determine the eligibility of the applicant, consulting any other institutions of the Coalition as needed to inform its decision, In assessing applications, the Committee may consult with any other institutions of the Coalition, as necessary to inform its decision, and shall strive to determine or request each application within a week of receiving complete information. (7) The Legislator Committee may request additional legitimation steps from applicants, such as requesting a telegram from a World Assembly nation The Legislator Committee may request additional, relevant information from an applicant. An applicant may choose to publicly withhold some information and only disclose it to the Council on Regional Security in case of reasonable concerns of confidentiality. (8) Upon acceptance or denialdetermination of an application, the Legislator Committee shall post the result (including a sufficient reason in case of a denialrefusalboth in response to the application as well as in a telegram to the applicant nation. (9) Anyone admitted to legislator status during a forum election in which only legislators may vote, from the time nominations begin until the conclusion of forum voting, may not stand for election nor vote in that forum election. 5. Right of Appeal (1) A person who is refused legislator status may appeal that decision to the High Court. (2) Any appeal must be made within 1 week of the Legislator Committee's decision. 3. Legislator Checks 6. Maintenance of Status (1) Continued legislator status requires active membership and good behaviour. (2) Within the first week of each calendar month, the Legislator Committee will revoke legislator status from a legislator if they failed the voting requirement in the past month, if applicable, or otherwise no longer meet the eligibility requirements as described herein. The Legislator Committee may exercise discretion and not remove legislators under reasonable extenuating circumstances. (3) A legislator fails the voting requirement if they are absent for more than half of all votes finished in the previous calendar month, if a minimum of two votes occurred. Legislators who have an approved leave of absence from the Chair shall not be considered absent for votes in the given time frame. (4) The Chair of the Assembly may order the Legislator Committee to revoke legislator status for disruptive members. Frequent suspensions may be grounds for ineligibility, if found appropriate in a fair trial by the High Court. (5) Should status be revoked under Clause (4) above, an appeal may be made to the Court. (6) No right of appeal exists for revocation under Clause (2), recourse is through a new application under Part 4. Regular or persistent revocation as a result of inactivity may be considered by the Committee under Part 4, Clause (2)e. 4. Continuing resolution (1) Upon passage of this bill, the sitting Chair of the Assembly shall automatically become the initial member of the Legislator Committee. Amended to change wording of Frost and Rebel 12 July 2018 Minor amendments to clarify based on Roavin 23 July 2018
I would be more open to a transparent application process reviewed by cabinet & CoA and then approved by the Assembly in a simple majority vote, as opposed to allowing the Cabinet appoint members of the LegComm
Frost,
Would this be what you are looking for? (1) The Legislator Committee comprises three legislators. Legislators will apply to the Cabinet and the Chair of the Assembly. The Cabinet and Chair will review the applications and will recommend appointments which must be approved by the assembly via a simple majority vote.
yes
I've got some input on these changes later (some things I like, some things I don't). I just wanted to mention first that I find it very encouraging to see newer Legislators so engaged, and second that I'd like to additionally address the mandate the Charter gives to the Court (though I'll probably go to a second thread for that).
![[Image: XXPV74Y.png?1]](https://i.imgur.com/XXPV74Y.png?1)
This are some good changes; unfortunately, I don't have anything new to propose. Support.
The Sakhalinsk Empire, Legislator of the South Pacific
Currently a citizen and legislator of TSP. I am active as Sverigesriket in Europe. Complete Conflict of Interest
Im not a fan of the subtraction of the first half of the first line in 4:7.
Quote:(7) The Legislator Committee may request additional legitimate steps from applicants, such as requesting a telegram from a World Assembly nation An applicant may choose to publicly withhold some information and only disclose it to the Council on Regional Security in case of reasonable concerns of confidentiality. I think removing the part that that the LC has the right to request additional info changes the intent of the part of the clause thats left. Id rather it read... "The LC may request additional, relevant information from an applicant. An applicant may choose..." I think the rest looks good, though.
"...if you're normal, the crowd will accept you. But if you're deranged, the crowd will make you their leader." - Christopher Titus
Deranged in NS since 2011 One and ONLY minion of LadyRebels The OUTRAGEOUS CRAZY other half of LadyElysium |
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