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48th Cosa - Clark #5


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Prime-Minister: C. Carlüs Xheraltescu

Secretary Of State: Martì-Páir Furxhéir

Bills

Statute

This is bill id#1162 (this information has no legal importance and is technical in nature.

Hopper Thread


WHEREAS Closed provinces cause people to be assigned to a province different from where the catchment areas indicate they should, and

WHEREAS We work really hard on the catchment areas, so we should use them, and

WHEREAS If citizens are distributed without regard for their location, the provinces become solely "Senatorial Voting Clubs" without geographical meaning, and

WHEREAS What is a geographical division if it has no geographical meaning?

THEREFORE Lex.E.7.13, Lex.E.7.14, and Lex.E.7.15, which currently read;

7.13. All provincial citizenship assignments shall be made when the province to which the citizen is assigned is OPEN to nonresident immigration on the day prior to the naturalization of said citizen. A province shall be CLOSED if its population is equal to or greater than thrice the population of the smallest province (by population) on the day prior to the naturalization of said citizen. 

7.14. For purposes of this title, provinces shall be listed in the following circular order: Cézembre, Florencia, Fiova, Atatürk, Vuode, Maritiimi-Maxhestic, Maricopa, Benito. 
7.15. No citizen may be assigned to a "closed" province. In the event that a citizen's assignment may place him in a "closed" province, the citizen is assigned to the next province listed in E.7.14 which is not "closed."

Are hereby repealed.

FURTHERMORE Lex.E.10.7. which currently reads;

10.7. Whenever any Talossan wants to move his provincial assignment to the province in whose assigned area he actually lives, he may do so, provided that either a) the province to which he is moving is not closed to immigration, or b) both provinces are currently closed to immigration.

shall be amended to read;

10.7. Whenever any Talossan wants to move his provincial assignment to the province in whose assigned area he actually lives, he may do so by notifying the Chancery.  The move will be officially recognised once the Chancery has validated the request.


Uréu q'estadra så:

Statute

This is bill id#1163 (this information has no legal importance and is technical in nature.

Hopper Thread


WHEREAS I proposed the "Nobody Feels like Writing Acts just to Fix Typos Act" while I was only in my second Clark as a legislator, and

WHEREAS I was still learning how to write legislation at the time (though admittedly I am still learning), and

WHEREAS Having pondered the language of the bill I have passed, and seeing it is now being used, I find I don't especially like the way I wrote it, and

WHEREAS Specifically, there is concern it might be inorganic, and I think parts of it are redundant and impractical, and

WHEREAS For my own peace of mind, I would appreciate the opportunity to reword it

THEREFORE Lex.C.1.2.3, which currently reads

C.1.2.3 If the Scribe finds an error in the formatting, grammar, or spelling of a bill that has already been clarked, or alerted of same, he shall work with the sponsor of the bill to fix said error(s).

C.1.2.3.1 The Scribe shall publicize any proposed changes to a bill, and said changes may only be implemented after they have been public for seven days

C.1.2.3.2 If, before the proposed changes are implemented, a petition of MCs representing at least 1/3 of the seats in the Cosa, or a petition of at least 1/3 of the Senators, goes before the Scribe in protest of the proposed changes to the bill, the Scribe may not implement the changes.

C.1.2.3.3 If a disagreement arises over the interpretation of a law that was amended though this process, the language originally enacted by the Ziu is superior and shall be used in interpretation

C.1.2.3.4 The Scribe shall keep a record of the original language of bills that were amended in this way for use according to C.1.2.3.3

is amended to read;

C.1.2.3 If the Scribe, or their deputy(s), finds an error in the formatting, grammar, or spelling of a bill which is currently in the Clark, or is alerted of same, they shall work with the sponsor of the bill to fix said error(s).

C.1.2.3.1 The Scribe, or their deputy(s), shall publicize any proposed changes to a bill, with the approval of the author.  The changes are deemed to have been implemented after they have been public for seven days, unless the changes are disallowed by the conditions of C.1.2.3.2

C.1.2.3.2 If, before the proposed changes are implemented, a petition of MCs representing at least 1/3 of the seats in the Cosa, or a petition of at least 1/3 of the Senators, goes before the Scribe in protest of the proposed changes to a bill, the changes cannot be implemented.


Uréu q'estadra så: Ian Plätschisch - (MC-MRPT)

Rejected by the Senäts

This is bill id#1164 (this information has no legal importance and is technical in nature.

Hopper Thread


WHEREAS The current coalition agreement says that a goal of ours is to "introduce a nuanced system of mandatory Cosa lists which allow parties to deal with events beyond their control", and

 

WHEREAS A voter should know which individuals they are voting for when casting a vote for a certain party, and

 

WHEREAS This will serve to increase accountability to the voters

THEREFORE A new subsubsection B.2.3 is added to el Lexhatx which reads

B.2.3 The ballot must also include, for each party contesting the election, a list of citizens to whom the party intends to award Cosa seats.  If a party does not submit a candidate list to the Secretary of State before the election, the party leader is assigned all seats won, and seats which cannot be held by the Party Leader are forfeited. 

    B.2.3.1 Before the conclusion of the first Clark, each party leader must submit to the Secretary of State a report containing the distribution of the seats won in the election
        
        B.2.3.1.1 The party leader may assign seats to any eligible citizen(s) they see fit, so long as the following criteria are met:
            B.2.3.1.1.1  The party's internal procedures are followed

            B.2.3.1.1.2  No one who was not named on the list is assigned more seats than any eligible citizen who was named on the list

            B.2.3.1.1.3  The total number of seats awarded to those not on the list does not exceed 1/3 of all seats won by the party

            B.2.3.1.1.4  No person occupies more than the legal number of seats

        B.2.3.1.2  Any person assigned a seat as above may decline to take their seats in which case they will be reallocated according to the criteria of B.2.3.1.1.

        B.2.3.1.3  If a party cannot assign all of their seats under the criteria of B.2.3.1.1, the additional seats are forfeited. 

Other subsubsections in B.2 are renumbered accordingly.

FURTHERMORE  Org.VIII.3, which currently reads

Each party shall assign its seats to such individuals as it sees fit, provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats. The Ziu may by law establish a maximum number of seats that any one Member of the Cosa may hold by law, but the minimum number of Members of the Cosa shall be no less than the number of Senators, and the same limit shall apply to all Members of the Cosa, and any changes to the limit shall take effect no earlier than the distribution of seats after the next General Election.

shall be amended to read

Each party shall assign its seats to such individuals as it sees fit, subject to regulations regarding the reporting of such individuals prior to elections set forth by law, provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats. The Ziu may by law establish a maximum number of seats that any one Member of the Cosa may hold by law, but the minimum number of Members of the Cosa shall be no less than the number of Senators, and the same limit shall apply to all Members of the Cosa, and any changes to the limit shall take effect no earlier than the distribution of seats after the next General Election. 


Uréu q'estadra så:

Statute

This is bill id#1165 (this information has no legal importance and is technical in nature.

Hopper Thread


WHEREAS, "The Decoupling the Public and Private Witts Act" of last term directed that Telecomuna should go live on August 1st, and

WHEREAS, that hasn't happened, which is kind of a bummer, but it's a big job, so that's probably understandable, and 

WHEREAS, nonetheless we really do want this to happen, so we should give it another chance,


THEREFORE Title J of el Lexhatx shall be put into abeyance until 1 April of 2016. The Royal Scribe shall leave the law in el Lexhatx, but clearly label the title to note that it will go into effect in April of 2016.

FURTHERMORE the Secretary of State shall formally present a complete plan to the Ziu for the creation of Telecomuna, including platform, appearance, and the message boards that will exist. This will be done at least one month prior to April of 2016, so that the Ziu will have a chance to vote on approval of the plan.

FURTHERMORE, the Seneschal is directed to confer with the Secretary of State within one month of the passage of this bill, to establish clear expectations and timelines for the creation of Telecomuna. The Seneschal shall formally report to the Ziu when this has been done to his satisfaction.


Uréu q'estadra så: Baron Alexandreu Davinescu -

Rejected by the Cosâ

This is bill id#1166 (this information has no legal importance and is technical in nature.

Hopper Thread


WHEREAS it can be extremely difficult to obtain information from the Government in accordance with Lex.D.8, and

WHEREAS that entire bit of the law is also rather difficult to read and follow, and

WHEREAS the issue of privacy and government transparency are both really important in a democratic system of law, and need to be protected in a clear and easily-understood manner,


THEREFORE the eighth section of Title D of el Lexhatx, which currently reads:

 

8. The government of the Kingdom of Talossa has the duty and responsibility to make public information about and held by the government's cabinet ministries and sub offices within the guidelines set below: (40RZ9)

8.1. Information Available for Request
8.1.1. A citizen may only request access to information that has been recorded on paper, computer file, video file and/or audio file. Unrecorded opinion does not fall within the scope of this legislation.
8.1.2. A citizen may request information regarding the business of the government's executive offices and the government's cabinet ministries so long as the information being requested does not conflict with D.8.2 or D.8.3.
8.1.3. Leaders of political parties may access some personal contact details as set out in D.8.5.
8.2. Information Exempt from Request
8.2.1. The type of information not available for access is outlined as follows:
8.2.1.1. Records that are of a personal nature where the disclosure of such records would clearly infringe a citizen's individual privacy in accordance with the Sixth Covenant of Article XIX (Covenant of Rights and 10.2.1.2. Freedoms) of the 1997 Organic Law of the Kingdom of Talossa. This also includes private medical, counseling, or psychological records.
8.2.1.2 Records of a law enforcement or military agency only when the records meet one or more of the following criteria:
8.2.1.2.1. The records would identify informants or witnesses,
8.2.1.2.2. The records would identify undercover officers,
8.2.1.2.3. The records would provide personal information of officers or officer's family members,
8.2.1.2.4. The records would provide details of current operations or protocol. This includes details of communication codes and plans of deployment.
8.2.1.2.5. The records would endanger the life or safety of officers or officer's families if the information was disclosed.
8.2.1.2.6. The records are of an ongoing investigation.
8.2.1.2.7. Records that fall within the scope of medical practitioner - patient privilege, attorney - client privilege, religious figure privilege, or any and all current and future privilege recognized by Statutory Law, Organic Law or Cort Rule.
8.2.1.2.8. Records of security measures and records that would hinder the body's ability to maintain the physical security of custodial or penal institutions occupied by persons arrested or convicted of a crime or admitted because of a mental disability.
8.2.1.3. Conversation logs that may be regarded as private may also be excluded from the scope of this legislation.
8.3. Burden of Proof
8.3.1. The burden of proof falls on the body that has been asked to disclose any and all requested information. The requester of the information does not have an obligation to provide an explanation for their request.
8.3.2. If a request for information is denied by the body then an explanation as to why the request has been denied must be given.
8.3.3. If a body fails to disclose requested information without a valid reason then the uppermost cort, or any other cort as set up by the Ziu, will reserve the right to force the body to disclose.
8.3.4. The Corts will also arbitrate cases in which a requester feels a given reason was not sufficient enough to deny the request.
8.4. Data Protection
8.4.1. Personal information such as, but not limited to, private mailing addresses, contact telephone numbers and private email addresses, given names, ages, date of births and national security numbers shall be held on file and shall only be accessed by the Secretary of State or The King without prior permission of the person to whom the information relates to. In all other instances permission must be obtained by the person to whom the personal information relates to.
8.4.2. The type of information and records described in D.8.4.1. above shall never be passed on to outside agencies for the purposes of data farming or market research. The details may be passed onto non-Talossan law enforcement agencies in the interest of international law enforcement and co-operation.
8.4.3. Personal Information described in clause 1 above shall never be published on any public website belonging to the Kingdom as an asset.
8.5. Information Available to Political Party Leaders
8.5.1. An Electorate Database shall be made available to political party leaders.
8.5.2. The Database shall only be accessible by leaders of parties which have been fully registered with the Chancery and provincial officers, provided the conditions in D.8.5 are met.
8.5.3. The Database shall contain the following information on each of the Kingdom's Citizens only: Name, Province, E-Mail address.
8.5.4. The E-Mail address of a citizen shall only be made available to party leaders if the citizen has opted-in to receive election communications
8.5.5. Measures shall be taken to ensure that the database is kept non-public and can only be viewed by the audience intended.
8.5.6. Additional information may be held upon the database against any given person ONLY if that person requests such information to be included.
8.5.7. Any citizen may request to opt-out of having their E-Mail address included in this database for any reason at any time by notifying the Chancery.
8.6. Information Available to Provincial Officers
8.6.1. Provincial officers may have access to part of the electoral database established by D.8.5, provided the following conditions are met:
8.6.1.1. The provincial officer is (partly) responsible for the conduct of provincial elections and needs the information in the database for the conduct of these elections.
8.6.1.2. Provincial law of the province for which the officer serves must actively allow the officer to have access to the information.
8.6.1.3. The provincial officer must send a request to the SoS for access to the information. The SoS may refuse the request if the conditions in 10.6. are not met.
8.6.1.4. The provincial officer will only get access to the information about the citizens of the province for which he is conducting the elections.
8.6.1.5. The provincial officer may not share the information with anyone not entitled to the information.
8.6.1.6. The provincial officer may use the information only for the conduct of provincial elections.
 

shall be replaced in full by:
 

8. The Government of the Kingdom of Talossa will have a duty of transparency to the people of the nation, so that citizens may hold their elected officials accountable.

8.1. A citizen may request at any time that the Seneschal, a Cabinet office, or any other sub-office or bureau provide any information held by the Government, including information about itself, information collected about others, information collected from others, statistical information collected by the Government, and transcripts of Government communications. The Government will not, however, notwithstanding the provisions of this section or any other section of el Lexhatx, provide any information which violates the privacy restrictions of D.9.

8.2. The Government will decline to provide this information if:
8.2.1. if doing so would identify informants or witnesses in a criminal investigation,
8.2.2. if the information would endanger an ongoing criminal investigation or judicial proceeding,
8.2.3. if the information would provide details as to current operations or protocol that might endanger the security of the nation,
8.2.4. if the information falls within the scope of a medical practitioner, attorney-client privilege (not extending to the Avocat-Xheneral in his official capacity), religious counseling, or any and all current and future privilege recognized under the law, or
8.2.5. if the information is in the form of a personal conversational log and has no bearing on official duties.

8.3. Any agency will have no more than ninety (90) days within which to make a decision on whether or not the requested information will be released. The burden of proof as to why the information will not be released falls on the body that has been asked to disclose any and all requested information; the requester of the information does not have an obligation to provide an explanation, motive, or justification for their request.
8.3.1. If a request for information is denied by any office or agency, a full written explanation as to why the request has been denied must be given to the requester.
8.3.2. A citizen may challenge the denial by submitting a petition to the Uppermost Cort, which will arbitrate the decision. The Government shall provide the requested information in private as the Cort directs and according to whatever rules it makes, to enable the Cort to make an informed decision.

9. Neither the Seneschal, any Cabinet office, nor any sub-office or bureau shall violate the privacy of citizens by publicly disclosing any of the following information:
9.1. Any information that would violate any citizen's individual privacy in accordance with the Sixth Covenant of the Organic Law. For example, if an internal memo revealed the phone number of a potential appointee to an office, this information would be withheld. This also includes private medical, counseling, or psychological records.
9.2. Any citizen's name, age, date of birth, email address, physical address, or other personal information of this nature, with the sole and strict exception described in D.10.

10. An electorate database will be made available to the official party leaders of officially registered political parties. This electorate database will contain only voter names, their province, and their email address. The Secretary of State shall collect this information from those citizens who affirmatively opt to receive political party electoral communications.
 
FURTHERMORE, the Royal Scribe shall renumber successive sections of this Title.

Uréu q'estadra så:

Statute

This is bill id#1167 (this information has no legal importance and is technical in nature.

Hopper Thread



WHEREAS, we passed the Judicial Merry-Go-Round Amendment, and

WHEREAS, it eliminated the Magistracy, and

WHEREAS that means the Magistracy is gone, although you wouldn't know it to look at the published law,


THEREFORE the Ziu hereby amends Title G of el Lexhatx to remove section 10 and all subsections, which currently read:

10. There shall be Magistrate Courts (Corts dels Edilicieux) for the trial of all cases arising under the laws of the Kingdom of Talossa, both civil and criminal. (39RZ18)

10.1. The Magistrate Courts shall consist of not less than two and no more than three separate Magistrate Courts, each magistrate distributed to separate chambers. No member of the Uppermost Cort and/or person(s) barred by Article XVI, Section 3 of the Organic Law, from being a Judge and/or non-citizens may be a Magistrate. Additionally, the head of the Ministry of Justice and his subordinates are barred from becoming or serving as a Magistrate. Magistrates shall be chosen and removed as provided in Article XVI, Section 1 & Section 4 of the Organic Law.
10.2. Except as otherwise provided by law, or rule or order of court, the judicial power of the Magistrate Courts with respect to any action, suit or proceeding shall be exercised by a single magistrate, who shall preside alone and hold a regular or special session of court at the same time other sessions are held by other magistrates.
10.3. The business of the Magistrate Courts shall be divided among the individual magistrates as provided by the rules and orders of the courts. The magistrates shall elect one of their number as Chief Magistrate, who shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe.
10.4. Any final judgment of a Magistrate's Court (and such other magistrate's orders as are made appealable by the rules and orders of the Uppermost Court) may be appealed to the Uppermost Court. The time and procedures for bringing such appeals may be specified by the rules and orders of the Uppermost Court, but in the absence of such rules appeals of a Magistrate's Court judgment must be filed with the Uppermost Court within 15 days of the date the judgment is issued by the magistrate.
10.5. In any criminal trial, no sentence of banishment or revocation of citizenship recommended by a Magistrate's Court shall be effective unless approved by a unanimous vote of the Uppermost Cort.
 
FURTHERMORE, the Royal Scribe shall renumber successive sections of this Title.

Uréu q'estadra så: Baron Alexandreu Davinescu - (MC-RUMP)

Statute

This is bill id#1168 (this information has no legal importance and is technical in nature.

Hopper Thread


HEREAS we printed stamps and they're still just gathering dust, and seriously that's just a senseless waste, and

WHEREAS we also passed a law allowing for voluntary contributions to much ado, and no steps have been taken there, either, and

WHEREAS we might just need some incentive on both counts, and

WHEREAS we want to make it easier for active and earnest citizens to create new political parties, but at the same time we don't want to reduce our already meager yearly earnings,


THEREFORE, the ninth section of Title D of el Lexhatx, which currently reads:
 

9. The Secretary of State, or his appointed agent, shall charge, as prescribed by the Organic Law, a registration fee of 13¤20 (thirteen louise and twenty bence, equivalent to $20US) to each political party in forthcoming elections. Any Party or Parties which fail or refuse to pay the fee shall be deemed not registered.
 

shall be amended to read:
 

9. The Secretary of State, or his appointed agent, shall charge, as prescribed by the Organic Law, a registration fee of 6¤40 (six louise and forty bence, equivalent to $10 USD) to each political party in forthcoming elections. Any Party or Parties which fail or refuse to pay the fee shall be deemed not registered.
 

Furthermore, D.2.1.5.4, which currently reads:
 

2.1.5.4. the total amount in louise of any planned donations proposed to be requested from Talossan citizens towards the upkeep of the State. This section shall not entitle any budget to impose compulsory taxation or mandatory donations of any kind.
 

shall be amended to read:
 

2.1.5.4. the total amount in louise of any planned donations proposed to be requested from Talossan citizens towards the upkeep of the State. This targeted amount shall not be less than 6¤40 for each political party registered with the Chancery at the time the Budget is submitted to the Ziu.
 

Furthermore, a new sub-sub-sub-section shall be added to Title D el Lexhatx after D.2.1.5.4, which shall read as follows:
 

2.1.5.5. Neither this nor any other section of el Lexhatx shall be interpreted in such as way as to require compulsory taxation or mandatory donations of any kind.
 

Furthermore, a new sub-sub-section shall be added to Title D of el Lexhatx after D.2.1.9, which shall read as follows:
 

2.1.10. The Seneschal, or his appointed deputy, shall take such actions as might be necessary to create, manage, and promote a voluntary fundraising campaign to the citizens of Talossa and other interested parties each year. The targeted amount for this campaign shall be the amount given in D.2.1.5.4. Unless otherwise authorized by the Ziu, the fundraising campaign will be concluded in a given term once that targeted amount is reached. Unless otherwise authorized by the Ziu, no more than one fundraising campaign per term will be conducted. The Seneschal may, if he so chooses, count the proceeds from any seigniorage, sales of stamps, contributions from official Supporters of Talossa, or other moneymaking schemes up to and including exciting business opportunities from former Nigerian government officials.


Uréu q'estadra så: Baron Alexandreu Davinescu - (MC-RUMP)

Rejected by the Cosâ

This is bill id#1169 (this information has no legal importance and is technical in nature.

Hopper Thread


WHEREAS the Secretary of State is nominated by the Prime-Minister AND

WHEREAS in effect, no one should be nominated to such a position against their will AND

WHEREAS the previous Secretary of State loses his post as soon as he resigns, in theory AND

WHEREAS the next Secretary of State gets his posts as soon as he is nominated  again, in theory AND

WHEREAS in practice, until the new Secretary of State actually accepts his post, the old one usually continues to serve AND

WHEREAS this creates the situation where a Secretary of State may be nominated without ever taking his role and the former Secretary of State might in effect continue to serve even if records indicate otherwise AND

WHEREAS this occurred once already, for 2 Clarks of the 30th Cosa. Marti-Pair Furxheir had replaced Secretary of State Daviu Focteir for the 4th Clark of the 29th Cosa for a fixed 6 month period to let Daviu Focteir focus on his studies while allowing Marti-Pair Furxheir to run for Senate at the end of the Cosa. Marti-Pair Furxheir resigned after 6 months in favor of Daviu Focteir as promised, but Daviu Focteir never resumed his position AND

WHEREAS this creates a discontinuity: Marti-Pair Furxheir actually served as Acting Secretary of State for those 2 Clark, but since Daviu Focteir never took office and Marti-Pair Furxheir only resigned to let Daviu Focteir hold office, it makes you wonder if Marti-Pair's resignation really took effect 

THEREFORE The Ziu resolves to:

 - Allow the Database Administrator to modify the Database System to indicate that for the whole of the 29th Cosa, Marti-Pair Furxheir was the Secretary of State
 - Request that the Database Administrator mark chance in the Cosa comments for the the 29th Cosa so that there is an historical record of the change
 - Allow the Secretary of State to update the Wiki to indicate the substitution in a way to clarify the confusion.


Uréu q'estadra så: Martì-Páir Furxhéir - (Secretary of State)