The Living Senäts Act of 2021

Started by GV, March 10, 2021, 03:13:27 PM

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GV

WHEREAS on 10 March 2021, GV the Mençéi was making happy preparations for proposing a Living Senäts to his esteemed fellows in that body,

WHEREAS GV to his horror realized the 2017 Organic Law did not have a 'Living Senäts' included,

WHEREAS GV hoped El Lex would clear that logjam,

WHEREAS unfortunately, it did (Lex.H.25),

WHEREAS GV is well aware of the far-greater history of the Cosâ relative to the Senäts and its historical role at setting the agenda and tone for the nation with the Senäts as an agent of checks and balances,

WHEREAS allowing the Senäts to hold its own live sessions independent of the Cosâ is not intended as any agent of change of the prevailing political culture of both institutions,

THEREFORE, the ZIU enacts the following:

Article IV, Section 11 of the 2017 Organic Law is repealed and replaced with the following:

Article IV, Section 11 So long as all Members of the Ziu have ample opportunity to submit their votes remotely, the Cosâ and Senäts together or as independent bodies may set and hold Living Cosâs or Living Senäts to coincide with a Clark as described by law.  Such events shall be held live and may be done by analog and/or electronic means.  The Ziu shall have the power to enforce this section by means of appropriate legislation.

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Should the above amendment to the 2017 Organic Law be passed, the following shall take effect:

Lex.H.25 shall be repealed and replaced with the following:

25.1.1 The Cosa may hold living Cosas during subsequent Clarks by a vote of the Cosa naming the specific month in which the event is to take place. The exact date and location of the Living Cosâ shall be set by the Seneschál after consultation with all relevant parties. All members must receive two weeks notice of the date of the Living Cosâ. The Seneschál may, if events warrant, issue a PD authorizing a Living Cosâ in the following calendar month. Such a PD may be vetoed (in addition to normal means) by a formal protest to the Secretary of State by Members of the Cosâ comprising one-third or greater the number of elected seats in the Cosâ.

25.1.2 Members who cannot attend will not be denied the right to vote on that month's Clark. They may send their votes to the Secretary of State by any means feasible, so that they can be announced at the Living Cosâ. A member may, in writing, delegate his authority to vote (temporarily transfer his seats) to another person who can attend the Living Cosâ, but no individual may hold more than thirty seats, counting both proxy and permanently assigned seats, for purposes of the Living Cosâ. The Ziu may provide by law for quorum requirements, and for attendance via telephone, videoconference, or other remote means.

25.1.3 Votes presented to the Secretary of State after the Living Cosâ will not be counted in the final tally. The final tally of votes on all bills is taken at the end of the Living Cosâ.

25.1.4 New bills, or amendments, may not be presented at the Living Cosâ. No bill not published in the Clark may be debated. Clarks will be published on schedule as usual.

25.1.5 Senators shall be permitted to participate in Living Cosâ debates, but may not vote.

25.2.1 The Senäts may hold living Senäts during subsequent Clarks by a vote of the Senäts naming the specific month in which the event is to take place. The exact date and location of the Living Cosâ shall be set by the Mençéi  after consultation with all relevant parties. All members must receive two weeks notice of the date of the Living Senäts. The Seneschál with concurrence from the Mençéi and one other Senator may, if events warrant, issue a PD authorizing a Living Senäts in the following calendar month. Such a PD may be vetoed (in addition to normal means) by a formal protest to the Secretary of State by Members of the Senäts comprising one-third or greater the number of elected seats in the Senäts.

25.2.2 Members who cannot attend will not be denied the right to vote on that month's Clark. They may send their votes to the Secretary of State by any means feasible, so that they can be announced at the Living Senäts. A member may, in writing, delegate his authority to vote (temporarily transfer his seat) to another person who can attend the Living Senäts, but no individual may hold more than two seats, counting both proxy and permanently assigned seats, for purposes of the Living Senäts. The Ziu may provide by law for quorum requirements, and for attendance via telephone, videoconference, or other remote means.

25.2.3 Votes presented to the Secretary of State after the Living Senäts will not be counted in the final tally. The final tally of votes on all bills is taken at the end of the Living Senäts.

25.2.4 New bills, or amendments, may not be presented at the Living Senäts. No bill not published in the Clark may be debated. Clarks will be published on schedule as usual.

25.2.5 Members of Cosâ shall be permitted to participate in Living Senäts debates, but may not vote.

to be proposed (once Clarked) by GV as Mençéi using his Limousine

<end of bill text>

I wonder over the necessity for the clause "The Ziu may provide by law for quorum requirements, and for attendance via telephone, videoconference, or other remote means.", but have left that in for now.  Let's talk on that, specifically.

I would also like to get better enlightened on the rationale for the Senäts never before being able to legally hold its own live sessions.

Hopefully, this can be Clarked for next month, as I'd like at least one Living Senäts next term, whether I am returned as Mençéi or not.

Thanks, all!

GV, Senator for Fiôvâ

Ian Plätschisch

#1
My reading of H.25.4 is only that Senators cannot use proxy votes at Living Cosas, not that they cannot hold living Senäts

Eðo Grischun

#2
Quote from: Ian Plätschisch on March 10, 2021, 06:00:27 PM
My reading of H.25.4 is only that Senators cannot use proxy votes at Living Cosas, not that they cannot hold living Senäts

This is how I read it too.

Just because the term 'Living Senate' doesn't exist in El Lex doesn't mean one can't be held. 
I'm not even convinced that video chats really count as being a Living Cosa or Senate anyway. 
The term, to me, means an 'IRL' meet up.
Eovart Grischun S.H.

Former Distain
Former Minister
Former Senator for Vuode