SO 2017-38 Union Cultural and Historical Preservation Act

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SO 2017-38 Union Cultural and Historical Preservation Act

Post by Abdoa on Thu May 11, 2017 5:16 am

Senate of the Parliamentary Union
SO 2017-38
Union Cultural and Historical Preservation Act

OBSERVING the long and complicated history of the Union which has led to its current dynamism, and has influenced and will continue to influence the actions of the government, parliament, judiciary, and people;
WHEREAS currently that history is only with great difficulty accessed by the members of the public, through the old region’s Regional Message Board especially;
BE IT ENACTED by the President of the Union, by and with the advice and consent of the Senators of the Union, in this present Parliament assembled, and by the authority of the same, as follows:-

Article 1
Within seventy-two (72) hours the enactment of this Act, the Founder shall create a forum under the existing Role Play forum entitled “Archives”.

Article 2
There shall be a Parliamentary Commission on Archives (PCOA), composed of three members elected by two-thirds (6 votes) majority by the Parliament upon the enactment of this Act or the CTE, voluntary resignation, or recall of an incumbent. They shall have exclusive posting and moderating rights in the Archives forum during their tenure.
a) The members of the PCOA must elect within seventy-two (72) hours of their initial appointment and every year thereafter, and upon the CTE or resignation of the incumbent, a Regional Historian, who shall preside over the Parliamentary Commission on Archives.
b) The Regional Historian is responsible for reporting the actions of the PCOA to the Parliament and Government.
c) Upon the public request of three senators, a recall election may be called at any point in time relevant to the tenure of an incumbent member of the PCOA, which shall force the resignation of that member if a majority of senators vote in favor of the recall.

Article 3
The PCOA is charged with executing the following actions:
a) Compiling and maintaining a complete copy of all the laws, executive orders, and regulations currently in effect in their most updated form, organized as seen fit by code;
b) Compiling and maintaining a comprehensive list of all the positions that have existed in the Union, as well as of the nations which have held those positions and their dates of incumbency;
c) Recording, by means of screenshot, every page of the Union’s regions’ Regional Message Boards (RMBs), with the date at which each screenshot was taken written on that screenshot, and uploading and organizing those records on the Union’s forum chronologically and by year and month. If a post that has been recorded in this fashion is subsequently suppressed by a NationStates moderator or an authorized Union official, it must be removed from the record in the Archives;
d) Providing information contained in the Archives forum to any Union member or organization which asks for it.

Article 4
The members of the PCOA must, before taking office, issue a statement declaring that they will not change, tamper with, destroy, or otherwise falsify the contents of the Archives forum under any circumstance.

Article 5
If a nation member or former member of the PCOA is found upon investigation to have intentionally changed, tampered with, destroyed, or otherwise falsified the contents of the Archives forum during their term of office, or if any other nation on NationStates is found upon investigation to have intentionally changed, tampered with, destroyed, or otherwise falsified the contents of the Archives, that nation may be tried for “Intentional Archive Destruction”, classified as a Felony and punishable by no less than a fifteen (15) day ban, and no more than a one (1) year ban.

Article 6
If a nation member or former member of the PCOA is found upon investigation to have unintentionally changed, tampered with, destroyed, or otherwise falsified the contents of the Archives forum during their term of office, or if any other nation on NationStates is found upon investigation to have unintentionally changed, tampered with, destroyed, or otherwise falsified the contents of the Archives, that nation may be tried for “Unintentional Archive Destruction”, classified as a Misdemeanor and punishable by no less than a Written Warning, and no more than a fourteen (14) day ban.

Article 7
The Act may be cited as “[The] Union Cultural and Historical Preservation Act 2017”.

May 10, 2017
The Hon. Abdoa, MP LSM GSM, Speaker pro tempore of Parliament


Last edited by Abdoa on Sat May 13, 2017 2:51 am; edited 1 time in total

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Re: SO 2017-38 Union Cultural and Historical Preservation Act

Post by Abdoa on Thu May 11, 2017 5:17 am

There are many things in this bill that I would be up to discussing and possibly changing, so please, comment away!
By the way, in case anyone was interested by the choice of members for the commission, I chose the three nations who know the most about the region's early history - that is the original founder, the Hon. Aralunya, the Rt. Hon. Libertarian Democracy, and myself, who have been in the region since the very beginning.

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Re: SO 2017-38 Union Cultural and Historical Preservation Act

Post by Nassau-Windsor on Fri May 12, 2017 1:03 pm

May I ask my Honourable friend [Abdoa], author of so many Bills one could not exclude him when regarding to the culture and traditions of Our Region, firstly, what happens if a post is made on the RMB, a screenshot of it is made under the qualifications of this Bill, and then someone suppresses (or perhaps permanently removes in case of an action by one of the NationStates Moderators) it? I refer with this question to insulting messages that are not seen by the rightly powers for such a suppression or removal before the screenshot will be made.

Secondly, I would ask my Hon. friend [Abdoa] if he is willing to look again at the nomination of the first Committee, so that all members can be elected by a vote, rather than that three members are appointed by this same - then - Act of Parliament.

Thirdly, if my Hon. friend [Abdoa] is willing to concur with my second point, I would happily wish to co-sponsor his Bill.

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Re: SO 2017-38 Union Cultural and Historical Preservation Act

Post by Libertarian Democracy on Fri May 12, 2017 10:42 pm

First, I may be mistaken, but it appears to me that the members of the PCOA have permanent tenure? I would not support that.

Second, I believe that the use of the High Crime designation is again being misused. High Crimes are intended to be the most heinous acts one can commit, and that's why they carry a mandatory lengthy ban. One must ask themselves, "Is this crime as bad or almost as bad as Treason?" If the answer is no, then the crime is not a High Crime. One might then argue that the crime in question is also really bad. This may be true, but all crimes against the Union are bad. One must assess the severity objectively - is this crime A) premeditated and B) does it threaten the very existence of the region? The crime of Intentional Archive Destruction is a Felony.


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Re: SO 2017-38 Union Cultural and Historical Preservation Act

Post by Abdoa on Sat May 13, 2017 12:09 am

On the first point, I will amend the bill later today to address this point.

On the second, does the honorable member suggest that all appointments be by election? I am not necessarily in favor of this, as it could become unduly partisan, less based on merit.

To my colleague Libertarian democracy, I would be willing to concede terms, but again, the PCOA is supposed to be completely free of partisanship, so having frequent reappointments is counterproductive. Maybe we should model it after the ministerial appointments system, whereby the parliament appoints and removes members, but by two thirds majority in both cases.

As for the high crime designation, I recognize concerns that you may have, but think of if sometime in the future, we lose the old region. If someone then destroys or falsifies the records, we can never undo that. I would concede demoting Intentional Archive Destruction to a felony and unintentional to a misdemeanor, but also creating a much more specific high crime, being defined as maliciously destroying or falsifying records beyond repair. I my eyes, that crime is as bad as treason.

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Re: SO 2017-38 Union Cultural and Historical Preservation Act

Post by Libertarian Democracy on Sat May 13, 2017 1:24 am

It does not need to be frequent re-elections, that is not what I mean. I mean there should be set terms, perhaps long terms, perhaps six months to a year.

For your final point: While it would be horrible to lose our old region, it would not in a way destroy the community. We would lose an important relic, yes, but objectively, it does not threaten the existence of the Union. It is a felony. As for the unintentional charge, I would perhaps make two possible crimes, Felony Unintentional Archive Destruction and Misdemeanor Unintentional Archive Destruction, and add some kind of guideline to help the TOUP and the Courts determine which of the two charges to impose, based on the severity of the damage.

Also, before this debate goes any further, I must question the legality of this proposal. While I wholeheartedly support the notions and ideas behind it, it potentially violates SO#2017-15 ("Especial Privileges Act").

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Re: SO 2017-38 Union Cultural and Historical Preservation Act

Post by Abdoa on Sat May 13, 2017 2:39 am

For the record, SO 2017-15 was vetoed.

I see your point on the crime, and will edit the bill to reflect that.

However, I would, instead of regular elections, call for elections to be held for undefined terms, with a 2/3rds or 3/4ths majority required, repeating the balloting until a winner is achieved. The Parliament would then be able, at the request of three senators, be able to call a recall election, which could be ratified by a simple majority vote. That way also, in addition of letting the PCOA focus on its work, if the incumbents are completely uncontroversial, we don't need to spend a couple of days every six months/year electing them. It doesn't sound like a lot, but from the position of the Chair, if the election falls at a bad time, it is hard to bring all the items to the attention of the senators, there are so many.

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