NSG Senate Chamber [NSG Senate] - Version 3

[Deutsche Demokratische Republik]

What section are we voted on next? Order B?

[CTALNH]

You have a problem?

Yes. Firstly, you don't need a paramilitary, even if you call it a "guard", because that's what you have a "security" force for. Secondly, there's no regulations surrounding the use of said guard and thirdly, it's completely and utterly retarded and full of mistakes. Who the fuck would let armed citizens roam the street at night? I wouldn't trust half the people in my own fucking party with firearms let alone rednecks.

Only a complete and utter idiot would think "Hmm. This is good".

Then vote against it.

Now drop it please.

[Vairikai Sari]

Please add this to the que.

Restriction of Corporal Punishment Act
Authors: Vairkia Sari [SPPA], Tahitoa [SPPA], Oneracon [RG] | Urgency: Medium | Category: Order
Sponsors: Aeken [NDP], Malgrave [MSP], Bering [NDP], New Waterford [NDP], The federal republic of simonia[MSP]

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The Senate of The Aurentine Commonwealth,

DEFINING corporal punishment as the deliberate infliction of pain as retribution for an offence, for the purpose of disciplining or reforming, or to deter attitudes or behaviour deemed unacceptable;

RECOGNIZING that not all households endorse nor resort to corporal punishment;

BELIEVING that corporal punishment of a minor constitutes child abuse;

NOTING that corporal punishment is also used in some schools and religious institutions;

WISHING to clarify the illegality of corporal punishment of minors and ensure the safety of Aurentine children;

HEREBY declares that the infliction of corporal punishment upon a minor is a crime of Assault and/or Battery as defined by the Criminal Code of the Aurentine Commonwealth and is subject to the same criminal penalties without exception.

I ask again is this added to the voting, debating and all that stuff?

[Fulflood]

I ask again is this added to the voting, debating and all that stuff?

It's under section C.

[Yanalia]

Once again, debate over CTALNH's Night Watch Act should be removed from the chamber.

Please add this to the que.

Restriction of Corporal Punishment Act
Authors: Vairkia Sari [SPPA], Tahitoa [SPPA], Oneracon [RG] | Urgency: Medium | Category: Order
Sponsors: Aeken [NDP], Malgrave [MSP], Bering [NDP], New Waterford [NDP], The federal republic of simonia[MSP]

---

The Senate of The Aurentine Commonwealth,

DEFINING corporal punishment as the deliberate infliction of pain as retribution for an offence, for the purpose of disciplining or reforming, or to deter attitudes or behaviour deemed unacceptable;

RECOGNIZING that not all households endorse nor resort to corporal punishment;

BELIEVING that corporal punishment of a minor constitutes child abuse;

NOTING that corporal punishment is also used in some schools and religious institutions;

WISHING to clarify the illegality of corporal punishment of minors and ensure the safety of Aurentine children;

HEREBY declares that the infliction of corporal punishment upon a minor is a crime of Assault and/or Battery as defined by the Criminal Code of the Aurentine Commonwealth and is subject to the same criminal penalties without exception.

I ask again is this added to the voting, debating and all that stuff?

It is in section C. It will be voted on in the next round of voting.

[Kamchastkia]

You have a problem?

Yes. Firstly, you don't need a paramilitary, even if you call it a "guard", because that's what you have a "security" force for. Secondly, there's no regulations surrounding the use of said guard and thirdly, it's completely and utterly retarded and full of mistakes. Who the fuck would let armed citizens roam the street at night? I wouldn't trust half the people in my own fucking party with firearms let alone rednecks.

Only a complete and utter idiot would think "Hmm. This is good".

Point of order against Costa for slandering several senators.

[Maklohi Vai]

Yes. Firstly, you don't need a paramilitary, even if you call it a "guard", because that's what you have a "security" force for. Secondly, there's no regulations surrounding the use of said guard and thirdly, it's completely and utterly retarded and full of mistakes. Who the fuck would let armed citizens roam the street at night? I wouldn't trust half the people in my own fucking party with firearms let alone rednecks.

Only a complete and utter idiot would think "Hmm. This is good".

Point of order against Costa for slandering several senators.

Upheld, only for the use of the term rednecks, not the other things. Costa is given a chance to withdraw.

[Ainin]

Yes. Firstly, you don't need a paramilitary, even if you call it a "guard", because that's what you have a "security" force for. Secondly, there's no regulations surrounding the use of said guard and thirdly, it's completely and utterly retarded and full of mistakes. Who the fuck would let armed citizens roam the street at night? I wouldn't trust half the people in my own fucking party with firearms let alone rednecks.

Only a complete and utter idiot would think "Hmm. This is good".

Point of order against Costa for slandering several senators.

Upheld, however on a PPUBA offence rather an a SEA one. Costa, you are being given an opportunity to withdraw your remarks.

EDIT: Sneaky ninja

[Yanalia]

Point of order against Costa for slandering several senators.

Upheld, only for the use of the term rednecks, not the other things. Costa is given a chance to withdraw.

Is calling supporters of the bill idiots not an insult?

[Ainin]

Upheld, only for the use of the term rednecks, not the other things. Costa is given a chance to withdraw.

Is calling supporters of the bill idiots not an insult?

It might be, but it's not an Ethics Act offence like was raised by the PoO.

[Yanalia]

Is calling supporters of the bill idiots not an insult?

It might be, but it's not an Ethics Act offence like was raised by the PoO.

Very well, then I raise a Point of Order under the PPUBA for *COSTA SENATOR NAME*'s use of insults.

[Maklohi Vai]

It might be, but it's not an Ethics Act offence like was raised by the PoO.

Very well, then I raise a Point of Order under the PPUBA for *COSTA SENATOR NAME*'s use of insults.

Alright, that is upheld separately from the first one, although Costa may withdraw both statements at once. Note that this point is not officially in effect, as only one point can be at a time, but consider it "queued", so to speak.

[New Zepuha]

4d. No, that's like saying running a red light is OK if no one is around. It would lead to bad habits.

With the exception of speed limits, which, as rude as you may find it, is an area where you seem adamant about protecting people from themselves, your other counterpoints are logical. This one is just ridiculous, though. If a train is coming, signals and/or lowered arms should make it quite obvious. If a train is not coming, there is absolutely zero reason to stop - literally none. Nothing. No way you can support this with any logic.

At the risk of being somehow indicted with insulted your knowledge, I will point out once more, with great emphasis, that the bill mandates full stops at all railway crossings, which is wholly unacceptable with modern technology enabling the detection of coming trains at a long distance and for the signal to stop at crossings to be given only as necessary.

I would also like to know if you are aware of other nations where full stops at railroad crossings are always necessary, because I can testify that they are not in the vast majority of the nations of the world, including the United Kingdom to which many senators seem to enjoy sucking up.

Fair point, and it can be adjusted, I'd adjust that now but I don't think I can at this point.

[Battlion]

Aurentine Landfill Tax Act
Urgency: Moderate | Author: Battlion [NDP] | Category: Business & Finance
Co-sponsors: Aeken [NDP], Glasgia [MSP], Divair [NDP], Malgrave [MSP], Osea 767 [CP], Fulflood [NDP], Gothmogs [NDP], Ainin [NDP], Central and Eastern Visayas [IND], Distruzio [CMP]

---

Preamble
A Bill to make provision about the taxation of disposal to landfill

Be it enacted by the Senate of Aurentina in respect to the sovereignty of the People of Aurentina the following act.

Section I – The Tax
1. A tax (to be known as the Aurentine Landfill Tax) is to be charged in accordance to this act.
2. The Revenue Collection Agency ("RCA") is to be responsible for the collection and management of this tax

Section II – Charge to Tax
1. Tax is to be charged on a taxable disposal made in Aurentina.
2. A disposal is a taxable disposal if —

(a) it is a disposal of material as waste (see section 3),
(b) it is made by way of landfill (see section 4), and
(c) it is made at a landfill site (see section 11).

Section III – Disposal of Material as Waste
1. A disposal of material is a disposal of it as waste if the person making the disposal does so with the intention of discarding the material.
2. The fact that the person making the disposal or any other person could benefit from or make use of the material is irrelevant.
3. Where a person makes a disposal on behalf of another person, for the purposes of subsections (1) and (2) the person on whose behalf the disposal is made is to be treated as making the disposal.
4. The reference in subsection (3) to a disposal on behalf of another person includes references to a disposal—

(a) at the request of another person,
(b) in pursuance of a contract with another person.

Section IV – Disposal by way of Landfill
1. A disposal of material is a disposal of it by way of landfill if —

(a) it is deposited on the surface of land or on a structure set into the surface, or
(b) it is deposited under the surface of land.

2. Subsection (1) applies whether or not the material is placed in a container before it is deposited.
3. Subsection (1)(b) applies whether the material —

(a) is covered with earth after it is deposited, or
(b) is deposited in a cavity (such as a cavern or mine).

4. If material is deposited on the surface of land or on a structure set into the surface with a view to it being covered with earth, the disposal must be treated as made when the material is deposited and not when it is covered.
5. The RCA may, by order, make provision varying the meaning of the disposal of material by way of landfill.
6. The order may modify any enactment (excluding this Act).
7. In this section, “land” includes land covered by water where the land is above the low 35 water mark of ordinary spring tides.
8. In this section, “earth” includes similar matter (such as sand or rocks).

Section V – Prescribed Landfill Site activities to be treated as disposals
1. The Finance Ministry in collaboration with the Environment Ministry may, by order, prescribe a landfill site activity for the purposes of this section.
2. A “landfill site activity” means any of the following descriptions of activity, or an activity that falls within any of the following descriptions —

(a) using or otherwise dealing with material at a landfill site,
(b) storing or otherwise having material at a landfill site.

3. If a prescribed landfill site activity is carried out at a landfill site, the activity is to be treated—

(a) as a disposal of the material involved in the activity as waste,
(b) as a disposal of that material made by way of landfill, and
(c) as a disposal at the landfill site of that material.

4. An order under this section may prescribe a landfill site activity by reference to conditions.
5. Those conditions may, in particular, relate to either or both of the following —

(a) whether the landfill site activity is carried out in a designated area of a landfill site,
(b) whether there has been compliance with a requirement to give information relating to —

(i) the landfill site activity, or
(ii) the material involved in the landfill site activity,
including information relating to whether the activity is carried out in a designated area of a landfill site.

6. In subsection (5), “designated area” means an area of a landfill site designated in accordance with —

(a) an order under this section

7. An order under this section may modify any enactment (excluding this Act).

Section VI – Exemptions: Material removed from water
1. A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the RCA that the disposal is of material all of which —

(a) has been removed (by dredging or otherwise) from water falling within subsection (2),
(b) formed part of or projected from the bed of the water concerned before its removal.

2. Water falls within this subsection if it is —

(a) a river, canal or watercourse (whether natural or artificial), or
(b) a dock or harbour (whether natural or artificial).

3. A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the RCA that the disposal is of material all of which —

(a) has been removed (by dredging or otherwise) from water falling within the approaches to a harbour (whether natural or artificial),
(b) has been removed in the interests of navigation, and
(c) formed part of or projected from the bed of the water concerned before its removal.

4. A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the Finance Ministry that the disposal is of material all of which —

(a) consists of naturally occurring mineral material, and
(b) has been removed (by dredging or otherwise) from the sea in the course of commercial operations carried out to obtain substances such as sand or gravel from the seabed.

5. A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the RCA that the disposal is of material all of which comprises material falling within subsection (1) or (3) and other material which has been added to that material for the purpose of securing that it is not liquid waste.

Section VII – Exemptions: Material Resulting from mining or quarrying
1. A disposal is not a taxable disposal for the purposes of this Act if it is shown to the satisfaction of the Finance Ministry that the disposal is of material all of which fulfils each of the conditions set out in subsection (2).
2. The material—

(a) must result from commercial mining operations (whether the mining is deep or open-cast) or from commercial quarrying operations,
(b) must be naturally occurring material extracted from the earth in the course of the operations, and
(c) must not have been subjected to, or result from, a non-qualifying process carried out at any stage between the extraction and the disposal.

3. A non-qualifying process is —

(a) a process separate from the mining or quarrying operations, or
(b) a process forming part of those operations and permanently altering the material’s chemical composition.

Section VIII – Exemptions: Disposal of Qualifying material at former quarries
1. A disposal is not a taxable disposal for the purposes of this Act if it is—

(a) of material all of which is treated for the purposes of section 12 as qualifying material, and
(b) made at a qualifying landfill site.

2. A landfill site is a qualifying landfill site for the purposes of this section if at the time of the disposal —

(a) the landfill site is or was a quarry,
(b) subject to subsection (3), it is a requirement of planning permission in respect of the land in which the quarry or former quarry is situated that it be wholly or partially refilled, and
(c) subject to subsection (4), the authorisation permitting disposals on or in the land comprising the site permits only the disposal of material which constitutes qualifying material.

3. Where a quarry —

(a) was in existence before 1 October 2013, and
(b) quarrying operations ceased before that date,
the requirement referred to in subsection (2)(b) must have been imposed on or before that date.

4. Where an authorisation permitting disposals on or in the land does not (apart from the application of this subsection) meet the requirements of subsection (2)(c) and an application has been made to vary the authorisation in order to meet them, it is to be deemed to meet them for the period before —

(a) the application is disposed of, or
(b) the second anniversary of the making of the application if it occurs before the application is disposed of.

5. For the purposes of subsection (4), an application is disposed of if—

(a) it is granted,
(b) it is withdrawn,
(c) it is refused and there is no right of appeal against the refusal,
(d) a time limit for appeal against refusal expires without an appeal having been commenced, or
(e) an appeal against refusal is dismissed or withdrawn and there is no further right of appeal.

Section IX – Exemptions: Pet Cemeteries
1. A disposal is not a taxable disposal for the purposes of this Act if —

(a) the disposal is of material consisting entirely of the remains of dead domestic pets, and
(b) the landfill site at which the disposal is made fulfils the condition set out in subsection (2).

2. The condition is that during the relevant period—

(a) no landfill disposal was made at the site, or
(b) the only landfill disposals made at the site were of material consisting entirely of the remains of dead domestic pets.

3. For the purposes of subsection (2), the relevant period —

(a) begins with the coming into force of this section or, if later, with the coming into force in relation to the site of the authorisation mentioned in section 11, and
(b) ends immediately before the disposal mentioned in subsection (1).

Section X – Taxable Disposals: power to vary
1. The Finance Ministry may, by order, make provision to produce the result that—

(a) a disposal which would otherwise be a taxable disposal is not a taxable disposal,
(b) a disposal which would otherwise not be a taxable disposal is a taxable disposal.

2. The order may, in particular —

(a) confer exemption by reference to certificates issued by the RCA and to conditions set out in certificates,
(b) allow the RCA to direct requirements to be met before certificates can be issued.

3. The order may modify any enactment (excluding this Act).

Section XI – Landfill sites and operators of landfill sites
1. Land is a landfill site at a given time if at that time an authorisation is in force in relation to the land and authorises disposals on or under the land.
2. The operator of a landfill site at a given time is the person who is at the time concerned the holder of the authorisation.
3. Land is to be treated as a landfill site at a given time if at that time —

(a) disposals of material are made on or under the land,
(b) an authorisation is required in relation to those disposals, and
(c) no authorisation is in force.

4. In determining for the purposes of subsection (3) whether an authorisation is required in relation to disposals of material, no account is to be taken of any prohibition or restriction that would prevent an authorisation being granted in relation to the disposal of the material by way of landfill.

Section XII – Calculation of Tax: Amount of Tax
1. The amount of tax charged on a taxable disposal is to be found by multiplying the standard rate by the weight in tonnes of the material disposed of.
2. The standard rate is the sum specified for the purposes of this section in an order made by the Finance Minister.
3. Where the material disposed of consists entirely of qualifying material, the amount of tax charged is to be found by multiplying the lower rate by the weight in tonnes of the material disposed of.
4. Qualifying material is material listed (in one or more category) in an order made by the RCA.
5. The lower rate is the sum specified for the purposes of this section in an order made by the Finance Minister.
6. An order under subsection (5) may set different lower rates for different categories of qualifying material.
7. The RCA must —

(a) set criteria to be considered in determining from time to time what material is to be listed as qualifying material,
(b) keep those criteria under review,
(c) revise them whenever they consider they should be revised, and
(d) publish the criteria (and any revised criteria).

8. In determining from time to time what material is to be listed as qualifying material, the RCA must have regard to—

(a) the criteria (or revised criteria) published under subsection (7)(d), and
(b) any other factors they consider relevant.

Section XIII - Qualifying material: special provisions
1. This section applies for the purposes of section 12.
2. The RCA in collaboration with the Environment Ministry may direct that where material is disposed of it must be —

(a) treated as qualifying material if it would in fact be such material but for a small quantity of non-qualifying material,
(b) treated as qualifying material of one category if it would in fact be such material but for a small quantity of qualifying material of another category.

3. The RCA may at the request of a person direct that where there is a disposal in respect of which the person is liable to pay tax the material disposed of is to be —

(a) treated as qualifying material if it would in fact be such material but for a small quantity of non-qualifying material,
(b) treated as qualifying material of one category if it would in fact be such material but for a small quantity of qualifying material of another category.

4. Whether a quantity of non-qualifying material or (as the case may be) qualifying material of another category is small is to be determined in accordance with the terms of the direction.
5. A direction under subsection (3) may apply to all disposals in respect of which a person is liable to pay tax or to such of them as are identified in the direction.
6. If a direction under subsection (3) applies to a disposal, any direction under subsection (2) is not to apply to it.
7. The RCA may, by order, provide that material must not be treated as qualifying material (or as qualifying material of a particular category) for the purposes of this section unless conditions specified in the order are fulfilled.
8. A condition specified under subsection (7) may relate to any matter the RCA think fit (such as the production of a document which includes a statement of the nature of the material).

Section XIV – Weight of Material Disposed of
1. The weight of material disposed of on a taxable disposal is to be determined in accordance with regulations made by the Finance Ministry.
2. The regulations may —

(a) specify rules for determining the weight,
(b) authorise rules for determining the weight to be specified by the Tax Authority in a manner set out in the regulations,
(c) authorise rules for determining the weight to be agreed by the person liable to pay the tax and an authorised person.

3. The regulations may, in particular, specify, or authorise the specification or agreement of, rules about —

(a) the method by which the weight is to be determined,
(b) the time by reference to which the weight is to be determined,
(c) the discounting of constituents (such as water).

4. The regulations may include provision that a specification authorised under subsection (2)(b) may provide —

(a) that it is to have effect only in relation to disposals of such descriptions as may be set out in the specification,
(b) that it is not to have effect in relation to particular disposals unless the RCA is satisfied that such conditions as may be set out in the specification are met in relation to the disposals, and the conditions may be framed by reference to such factors as the RCA thinks fit (such as the consent of an authorised person to the specification having effect in relation to disposals).

5. The regulations may include provision that —

(a) where rules are agreed as mentioned in subsection (2)(c), and
(b) the RCA believes that they should no longer be applied because they do not give an accurate indication of the weight or they are not being fully observed or for some other reason, the Finance Ministry may direct that the agreed rules are no longer to have effect.

Section XV – Liability to pay Tax
1. The person liable to pay the tax charged on a taxable disposal made at an authorised landfill site is the landfill site operator.
2. The reference in subsection (1) to the landfill site operator is to the person who is at the time of the disposal the operator of the landfill site which constitutes or contains the land on or under which the disposal is made.
3. The person liable to pay the tax charged on a taxable disposal made at an unauthorised landfill site is any person who —

(a) made the disposal, or
(b) knowingly permitted the disposal to be made.

4. Where two or more persons are liable under subsection (3), those persons are jointly and severally liable to pay the tax.
5. In this section —

(a) an “authorised landfill site” is land referred to in section 11(1),
(b) an “unauthorised landfill site” is land referred to in section 11(3).

Section XVI – Liability of Controllers at Landfill Sites
1. The Finance Ministry may, by regulations, make provision about the liability of controllers of landfill sites to pay the tax.
2. A person is the controller of the whole, or a part, of a landfill site at a given time if the person determines, or is entitled to determine, what disposals of material (if any) may be made —

(a) at every part of the site at that time, or
(b) at that part of the site at that time.

3. But a person who determines or is entitled to determine what disposals may be made at a landfill site or any part of a landfill site only because the person is an employee or agent of another is not the controller of that site or (as the case may be) that part of that site.
4. The regulations may, in particular, make provision (or further provision) about —

(a) who is a controller of a landfill site for the purposes of this Act,
(b) the circumstances in which a controller is liable to pay tax,
(c) the amount of tax which a controller is liable to pay,
(d) the entitlement of a controller to credit in respect of tax, and
(e) the arrangements for payment of tax by a controller.
(f) The regulations may modify any enactment (excluding this Act).

Section XVII – Credit: general
1. The Finance Ministry may, by regulations, provide that where —

(a) a person has paid or is liable to pay tax, and
(b) conditions specified in the regulations are fulfilled, the person is to be entitled to credit of such an amount as is found in accordance with rules specified in the regulations.

2. The regulations may make provision as to the manner in which a person is to benefit from credit, and may, in particular, make provision —

(a) that a person is to be entitled to credit by reference to accounting periods,
(b) that a person is to be entitled to deduct an amount equal to the person’s total credit for an accounting period from the total amount of tax due from the person for the period,
(c) that if no tax is due from a person for an accounting period but the person is entitled to credit for the period, the amount of the credit is to be paid to the person by the RCA,
(d) that if the amount of credit to which a person is entitled for an accounting period exceeds the amount of tax due from the person for the period, an amount equal to the excess is to be paid to the person by the RCA,
(e) for the whole or part of any credit to be held over to be credited for a subsequent accounting period,
(f) as to the manner in which a person who has ceased to be registrable is to benefit from credit.

3. Regulations under subsection (2)(c) or (d) may provide that where at the end of an accounting period an amount is due to a person who has failed to submit returns for an earlier period as required by this Act, the RCA may withhold payment of the amount until the person has complied with that requirement
4. Regulations under subsection (2)(e) may provide for credit to be held over either on the person’s application or in accordance with directions given by the RCA from time to time; and the regulations may allow directions to be given generally or with regard to particular cases.
5. The regulations may provide that —

(a) no benefit is to be conferred in respect of credit except on a claim made in such manner and at such time as may be determined by or under regulations,
(b) payment in respect of credit is to be made subject to such conditions (if any) as the RCA thinks fit to impose, including conditions as to repayment in specified circumstances,
(c) deduction in respect of credit is to be made subject to such conditions (if any) as the RCA thinks fit to impose, including conditions as to the payment to the RCA, in specified circumstances, of an amount representing the whole or part of the amount deducted.

6. The regulations may require a claim by a person to be made in a return required by provision made under section 24.
7. Nothing in section 18 is to be taken to derogate from the power to make regulations under this section (whether with regard to bad debts or any other matter).

Section XVIII – Credit: bad debts
1. Regulations may be made under section 18 with a view to securing that a person is entitled to credit if —

(a) the person carries out a taxable activity as a result of which the person becomes entitled to a debt which turns out to be bad (in whole or in part), and
(b) such other conditions as may be specified in the regulations are fulfilled.

2. The regulations may include provision under section 18(5)(b) or (c) requiring repayment or payment if it turns out that it was not justified to regard a debt as bad (or to regard it as bad to the extent that it was so regarded).
3. The regulations may include provision for determining whether, and to what extent, a debt is to be taken to be bad.

Section XIX – Taxable Activities
1. A person (P) carries out a taxable activity if —

(a) P makes a taxable disposal in respect of which P is liable to pay tax, or
(b) P permits another person to make a taxable disposal in respect of which P is liable to pay tax.

2. Where —

(a) a taxable disposal is made, and
(b) it is made without the knowledge of the person who is liable to pay tax in respect of it, the person is, for the purposes of this section, to be taken to permit the disposal.

Section XX – Recovery of Overpaid Tax
1. Where a person has paid an amount to the RCA by way of tax which was not tax due to it, it is liable to repay the amount to the person.
2. The RCA is only liable to repay an amount under this section on a claim being made for the purpose.
3. It is a defence, in relation to a claim under this section, that repayment of an amount would unjustly enrich the claimant.
4. The RCA is not liable, on a claim made under this section, to repay any amount paid to it more than 4 years before the making of the claim.
5. A claim under this section must be made in such form and manner and supported by such documentary evidence as the Finance Secretary may, by regulations, prescribe.
6. Except as provided by this section, the RCA is not liable to repay an amount paid to it by way of tax by virtue of the fact that it was not tax due to it.

I wish to submit the Landfill Tax Act to the Business & Finance Category now that it has gained the suitable amount of sponsors.

[Osea 767]

I would like to submit these two bills to the Business and Finance category, please.

Workplace Recovery Act
Urgency: Significant | Category: Business and Finance| Author/s: Osea (CP)
Sponsors: Glasia (MSP), Polvia (RG), Resora (CP), Evonian (CP), Yanalia (RG), Euskirribakondara (RG), Maklohi Vai (NDP)

Description:

Recognising that the loss of workplaces due to bankruptcies or foreclosures is harmful to communities and the importance of creating mechanisms for their possible recovery,

Further recognising that this will require the implementation of systems which empower workers to recover their workplaces and run them on fair and democratic lines,

Therefore declares that the following items shall be passed into law.

• In the case that a company or workplace goes bankrupt or is foreclosed upon, the workers can request that possession of the workplace and all assets and legal rights required to resume production be transferred to their own democratic organisation for them to own and control collectively.
• The Workplace Recovery Administration shall be created immediately, and tasked with receiving and acting on these requests in a timely fashion. In such cases, the state shall be obliged to compensate the previous owner(s) according to the itemized market value, at the time when the request is made, of specific known productive assets which transferred to collective possession by the workers.
• In the case of full transfer after bankruptcy or foreclosure, the Exchequer, or a relevant subordinate or subordinate body thereof acting on behalf of the Exchequer with express permission, may determine that the state shall withhold such remuneration as necessary to prevent the incentivization of unreasonably risky investments, cancelling such payments as possible which could support such an incentive.
• Where a business is fully transferred to its workers due to bankruptcy or foreclosure, that enterprise shall be considered as a 'new' business which may be transformed again for the purposes of this Act.

Co-Determination Act
Urgency: Significant | Category: Business and Finance | Author: Osea (CP)
Sponsors: Glasgia (MSP), Polvia (RG), Resora (CP), Evonian (CP), Yanalia (RG), Euskirribakondara (RG), Maklohi Vai (NDP)

Description:.

Recognizing that the governing structures of corporations are currently organized in such a way as to promote an unequal and antagonistic relation between employees and their employers, with the conclusion from that being the need to implement laws that implements new cooperative forms.

Declaring, with the above in mind, that the following items shall be passed into law.

• All Aurentine companies are now obliged to have a supervisory board. These boards will have a number of powers. This will include appointment of members of the management board, the ability to monitor it and co-determine in business operations that require approval from the supervisory board. Sufficient power as to enable it to scrutinise annual accounts shall also be provided.
  
• The supervisory boards of all Aurentine companies normally employing more than 2,000 employees are now obliged to implement parity co-determination.
  
• The head of the supervisory board will always be a shareholder representative who has two votes in case of a deadlock.
  
• The representatives of employees shall be elected directly by the employees. Recall systems may be implemented if it is the wish of employees.

[Battlion]

I would also like to submit the following two bills to Domestic Development please.

Post-Care Youth (Accommodation) Act
Urgency: Moderate | Author: Battlion [NDP] | Category: Domestic Development
Co-sponsors: Lamaredia [NDP], Divair [NDP], Agritum [NDP], Oneracon [RG], Osea 767 [CP], Britanno [NDP], Glasgia [MSP], Euskirribakondara [RG]

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Preamble
A Bill to Make provision for minimum standards in respect of accommodation for young people leaving care; to impose a duty on local authorities to ensure that such standards are met; and for connected purposes.

Be it enacted by the Senate of Aurentina in respect to the sovereignty of the People of Aurentina the following act.

Section I – Provision of suitable accommodation for young people leaving care to live independently or semi-independently
1. It shall be the duty of every local authority to ensure that accommodation for Young people leaving care to live independently or semi-independently meets minimum standards set by the Ministry of Labour.

2. The Minister of Labour shall by regulations establish minimum standards for such accommodation in respect of—

(a) health and safety of premises and procedures;
(b) personal safety, security and accessibility;
(c) availability of protected personal space;
(d) appropriateness of location;
(e) state of repair;
(f) tenancy status;
(g) affordability; and
(h) young person support.

3. Regulations under subsection (2) shall be made by Ministerial Directive and shall be subject to scrutiny by a subsequent committee established by the Senate following the publication of the Directive.

4. The Minister of Labour must lay regulations under subsection (3) before the Senate within 2 months of the day on which this Act is passed.

Section II – Financial Provisions
1. There shall be paid out of money provided by the Senate—

(a) any expenditure incurred under or by virtue of this Act by the Minister of Labour, and
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided

Careers Advice (12-18 Year Old) Act
Urgency: Moderate | Author: Battlion [NDP] | Category: Domestic Development
Co-sponsors: Lamaredia [NDP], Divair [NDP], Agritum [NDP], Britanno [NDP], Glasgia [MSP], Euskirribakondara [RG]

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Preamble
A Bill to Require schools, together with local businesses and other sectors, to provide a comprehensive careers advice service to 12 to 18 year olds; and for connected purposes.

Be it enacted by the Senate of Aurentina in respect to the sovereignty of the People of Aurentina the following act.

Section I – Duty of schools to provide careers advice to 12 to 18 year olds
1. It shall be the duty of every school which has any pupils aged 12 years or over and under the age of 19 to provide a careers advice service.

2. In providing the service the school shall co-operate with local businesses and other employers.

3. The service shall be provided by a dedicated careers adviser or by another person who, in the opinion of the governors of the school, has the appropriate qualifications and experience.

Section II – Interpretation
1. In this Act, “school” includes schools provided by a local education authority, academies, voluntary aided schools and independent schools.

Section III – Regulations
1. The Minister of Education may make regulations governing the supply of careers advice under section 1 of this Act.

2. Such regulations shall be made by Ministerial Directive and may not be made unless a draft has been laid before and scrutinised by a Committee established by the Senate.

[Malgrave]

Very well, then I raise a Point of Order under the PPUBA for *COSTA SENATOR NAME*'s use of insults.

Alright, that is upheld separately from the first one, although Costa may withdraw both statements at once. Note that this point is not officially in effect, as only one point can be at a time, but consider it "queued", so to speak.

I thought insults had to be made against a specific characters integrity etc for it to be considered. Is this not just a little too vague?

[Cadicarrech]

Name him!

[Venaleria]

The vote has now started on Order Section C. Please place your votes accordingly.

[Kamchastkia]

AYE
Restriction of Corporal Punishment Act

[Vairikai Sari]

RCPA:Aye

[Yanalia]

The vote has now started on Order Section C. Please place your votes accordingly.

What about section B?

[Lamaredia]

RCPA:Aye

AYE
Restriction of Corporal Punishment Act

He wrote the wrong section. We are currently on B.

TB(Z)A: NAY
NIA: AYE
APDC: AYE
OMCA: AYE
COPC: ABSTAIN
ATA: ABSTAIN
CSA: AYE

[Venaleria]

The vote has now started on Order Section C. Please place your votes accordingly.

What about section B?

Oh my gosh, I'm sorry. I knew I was gonna make a mistake somewhere.

[Vairikai Sari]

TB(Z)A: AYE
NIA: AYE
APDC:AYE
OMCA:AYE
COPC: AYE
ATA: AYE
CSA:AYE