Call for Amendments - First Pseudo-Clark

[Munditenens Tresplet]

For those legislators who have Hoppered amendments to the bill (the "New Draft"), please submit them here by posting a link to the post. I would recommend also posting the text of the amendment as well as noting any sponsors or cosponsors. If there are any amendments that have not been in the Hopper for at least 13 days, please include a request to bypass the time so that I may approve it. For reference, the Seneschal can also bypass or approve these bypass requests.

The Clark will open on January 1st and run through January 13th. A voting thread will be opened at that time.

[Miestrâ Schivâ, UrN]

Anyone but me interested in putting in the "Unicameral MMP Ziu" amendment? If not I won't bother

[Lüc da Schir]

Estimat Tuischac'h, I'd like to submit the following five amendments for consideration. I would like to notify you that I have edited Amendment #5 in form (not in substance) to condense it in two less sections; if that is not in order, I'll submit it in the next Pseudo-Clark.

I'm not sure of the proper way to title and number this kind of amendments, so if we can get some guidance on that I'll amend the titles. (by the way, Ian Plätschisch, I assumed your post on supporting amendment 4 meant that you wanted to cosponsor it; if you don't, I'll gladly remove your name)

 

Amendment #1 - (An amendment) To keep the current election cycle - thread link

Replace the word "six" in Chapter III, Article 1, Section 5, Part 1, to read:

Duration of the Ziu. The Ziu shall sit for no more than seven Clarks. [...]

Ureu q'estadra så - Lüc da Schir (Senator - BE)

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Amendment #2 - (An amendment) To allow procedure changes during the whole term - thread link

The words "and may only be modified during the first Clark of a term" be struck from Chapter III, Article 2, Section 4 to read:

The Senäts shall enjoy the right to set forth its parliamentary procedure, which shall be inherited from preceding session of the Senäts. The Senäts shall enjoy the right to govern itself as it deems necessary and proper.

And the words "and may only be modified during the first Clark of a term" be struck from Chapter III, Article 3, Section 4 to read:

The Cosa must continuously profess its confidence in the ability of the Seneschal and the Government to function, which is demonstrated by a vote of confidence taken with each Clark by those sitting in the Cosa. The Cosa shall enjoy the right to set forth its parliamentary procedure. The Cosa shall enjoy the right to govern itself as it deems necessary and proper.

Ureu q'estadra så - Lüc da Schir (Senator - BE)

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Amendment #3 - (An amendment) To amend the MC removal process - thread link

Chapter III, Article 3, Section 4 (Removal from the Cosa), Part 1 to 4 be struck in full and replaced by the following:

Part 1. Repugnant Behavior. The Cosa shall retain authority to determine conduct that it deems repugnant warranting removal of a sitting member. All repugnant conduct shall be inherited from the preceding Cosa, and may be modified by a three-fifths majority of the Cosa.

Part 2. Procedure for Investigation. Pursuant to procedures set forth by the Cosa, any member may charge another member with repugnant conduct, and upon a petition signed by two-fifths of the Cosa being presented, the sitting member is deemed under investigation. No member shall be investigated due to repugnant conduct that went into effect after the action was committed.

Part 3. Procedure for Removal by the Cosa. When a member is under investigation, an internal trial shall be held according to a procedure established under the rules and procedure of the Cosa. At the conclusion of that trial, upon an affirmative vote of three-quarters of the sitting members, the member under investigation is deemed removed, with the seats to be reallocated by the Party who has an interest in those seats.

Part 4. Procedure for Removal by the Party. A Party may, upon a petition signed by two-fifths of the Cosa being presented, recall one of its members and reallocate their seats according to its own procedures.

Ureu q'estadra så - Lüc da Schir (Senator - BE)

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Amendment #4 - (An amendment) To amend the process set out for First Clarks - thread link

Chapter III, Article 5, Section 3 (Formation of the Government) be struck in full and replaced by the following:

Part 1. Intent to Form a Government. Upon certification of the general election, and apportionment of seats, until the day before the first Clark of the upcoming Cosa, which shall begin on the first day of the month following the last day of the Election, any Party may announce to the Secretary of State their intent to form a government. Such a statement of intent shall include a candidate for Seneschal, a candidate for Distain and a list of ministers.

Part 2. No Statement of Intent. If the Secretary of State does not receive a statement of intent from any party, the Secretary of State shall postpone the first Clark by one month, and the maximum number of Clarks in the upcoming session of the Ziu, as defined elsewhere in this Organic Law, shall be reduced by one. If the Secretary of State still does not receive a statement of intent from any party, the Secretary of State must promulgate a Writ of Dissolution and a new election must be held.

Part 3. Election of the Seneschal. During the First Clark, the Cosa shall select between the various candidates for Seneschal using Instant Runoff Voting, with one option being the election of no Seneschal. The Monarch shall appoint the Seneschal elected by the Cosa, who shall take the office from the previous Seneschal.

Part 4. Appointment of Ministers. Each Minister must receive a simple majority vote of the Cosa. A Minister shall hold office until a new Minister is appointed to that portfolio, provided the Minister does not leave office in some other manner.

Part 5. Failure to Elect a Seneschal. In the event that the Cosa does not elect a Seneschal, a new ballot shall be held during the second Clark; the parties shall be empowered to amend or rescind any statement of intent that they had previously submitted, until the day before the second Clark. If again the Cosa does not elect a Seneschal, the Secretary of State must promulgate a Writ of Dissolution and a new election must be held.

Part 6. Royal Assent to Ministers. The Seneschal shall immediately seek Royal Assent for each Minister, excluding the Seneschal. If the Crown is silent for a period of two weeks, assent shall be deemed automatic, and if Royal Assent is withheld for a specific Minister, the Cosa may reconfirm the Minister by a simple majority.

Chapter III, Article 1, Section 5, Part 1 (Duration of the Ziu), the words "The First Clark shall consist only of electing a Seneschal and cabinet and of considering any outstanding Royal Veto. The subsequent Clarks shall consist of introduction, passage, and certification of legislation." be struck in full to read:

[...] Each Clark shall last from the first day to the twenty-first day of a month, and Clarks shall take place in consecutive months unless otherwise specified elsewhere in this Organic Law. The Final Clark, to occur immediately preceding the next general election, shall consist only of elections to the Electoral Commission, or for passage of bills in their second recording, as described elsewhere in this Organic Law, or of considering any outstanding Royal Veto. [...]

In Chapter V, Article 2, Section 5, Part 3 (Overcoming Royal Veto), the words "be the only legislation that may be submitted to vote in the First Clark and may" be struck from Provision (c) to read:

[...] (c) a Third Reading shall not contain any changes

Noi urent q'estadra så - Lüc da Schir (Senator - BE), Ian V. Plätschisch (Senator - MM)

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Amendment #5 - (An amendment) To mantain His Majesty's Privy Council - thread link

A new Article 5 be added to Chapter II to read:

Article 5. Privy Council

Section 1.

Upon accession to the Throne, and subsequently every year on or about Independence Day, the Monarch shall name a Privy Council (Sabôr) consisting of a number of Privy Counsellors (Guaïrs) with whom he or she shall consult whenever possible on all matters of grave importance to the Kingdom, and whose duty shall be to offer the Monarch the benefit of their individual and collective wisdom and advice. Should at any time they deem it wise or necessary to do so, one or more Privy Counsellors may publicly issue a "Letter to the Monarch" about any matter of grave importance to the Kingdom. Privy Counsellors shall be entitled to add the honorific initials "GST" to their signatures, for "Guaïr del Sabôr Talossán", and shall serve at the pleasure of the Monarch.

Section 2.

The Monarch shall take care to include in this council those citizens with the longest and deepest connections to the ongoing historical life of the Kingdom, those citizens who have made significant contributions to the Kingdom, both in recent and earlier times, and those citizens who have significant experience in poltical or cultural fields.

Ureu q'estadra så - Lüc da Schir (Senator - BE)

[Munditenens Tresplet]

Dec 27, 2018 4:16:34 GMT -6 Lüc da Schir said:

Estimat Tuischac'h, I'd like to submit the following five amendments for consideration. I would like to notify you that I have edited Amendment #5 in form (not in substance) to condense it in two less sections; if that is not in order, I'll submit it in the next Pseudo-Clark.

I'm not sure of the proper way to title and number this kind of amendments, so if we can get some guidance on that I'll amend the titles.

As to your first question, Amendment 5 would be in order. The Hopper is the place to amend and refine draft legislation, and the typical process for Clarking a bill allows for editing of draft legislation in both form and substance.

As to your second question, I don't have any convention on how to title amendments (though I do like how you titled them), but I reserve the right to renumber amendments later. Since you were Clarking five amendments, it's fine that you gave them each a number in the list. The next person who wants to Clark an amendment shouldn't necessarily number it "Amendment #6" however; it may be necessary to shift the order of amendments for voting purposes should someone offer an incredibly large amendment, for instance.

[Ian Plätschisch]

I would like to Clark “Democratic Way to Remove Monarch” and “Mandatory Private Ballot”

[Munditenens Tresplet]

I'm working on the voting thread now, and it will be up in about 15 minutes, for those waiting.

It's up!