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by The Nihilistic view » Sun Dec 15, 2013 2:51 pm
by The Nihilistic view » Sun Dec 15, 2013 2:53 pm
Maklohi Vai wrote:The Nihilistic view wrote:
OOC: Because under our stupid nonsensical laws a motion is the only way to carry on talking about a subject with an admin without risking a warning.
First off what is your definition of senate announcement, Despite having a defines section the bill actually throws up more confusion than it solves. To me that would be anything any senator might post in one of the threads.
I'm going to ignore that opening line and address your point. A senate announcement would, as I see it, be something that is a stand alone statement about senate business coming from a senator themselves. What's your take on it?
EDIT: On an unrelated OOC note, I'm going to have to log off for several hours, potentially 10 or so. I have finals starting on Wednesday, and I both need to do some more studying and also not get stressed about other things like whatever this turns into. My apologies for not being able to stick around.
by The Nihilistic view » Sun Dec 15, 2013 2:58 pm
Phocidaea wrote:First Amendment to the SEA: Nay
TLJSIA: Aye, indeed.
First Amendment to the PEPA: Nay
APPA: Oh hell nay. I believe others have already railed against it sufficiently, so I do not have to give a lengthy diatribe myself.
SRA: Aye
MRA (heh): Abstain
Fourth Amendment (wow, really?) to SIMBEDS: Aye
RRA: Aye
Wow, the right is really pushing hard for the APPA, isn't it? Typical "small government" and "freedom" at its finest.
by The Nihilistic view » Sun Dec 15, 2013 3:00 pm
by The Nihilistic view » Sun Dec 15, 2013 3:06 pm
by Corenea » Sun Dec 15, 2013 3:07 pm
Ainin wrote:So, who wants pie?
by Dragomere » Sun Dec 15, 2013 3:10 pm
I would like to motion for The Nihilistic view to be removed from office due to his questionable actions that he performed while in that position.
by The Nihilistic view » Sun Dec 15, 2013 3:15 pm
by The Nihilistic view » Sun Dec 15, 2013 3:18 pm
Dragomere wrote:In case you missed it:I would like to motion for The Nihilistic view to be removed from office due to his questionable actions that he performed while in that position.
Beta Test wrote:It has been pointed out to me that Dragomere has confused IC and OOC, so this particular motion is rendered void.
by HumanSanity » Sun Dec 15, 2013 3:21 pm
HumanSanity wrote:Ainin wrote:No country in the world holds presidential elections every two months.
No Western European country has American Libertarians in the mainstream.
No country in the world has bills with a word count of 70.
No country in the Northern Hemisphere has legalised cocaine.
No country in the world changes cabinets every 31 days.
No country in the world nationalises and then denationalises an industry within the span of 4 months.
No country in the world names its lower house the Senate.
The RP can't be absolutely realistic, as that would take out any creativity from it. Having dual party membership literally negatively affects no one in any way whatsoever, so why can't it be allowed if there are no regulations in place banning it? Neither the applications thread nor the Senate Constitution bans parties such as the Rhinos.
Therefore I'd like call into question the impartiality of Ainin, as an Admin, for rejecting the counter motions portion of the MRA but believing the above when it favors him. That entire decision was rediculous and swept aside the duties of the administration, redefining them to serve the wishes of the administrator.
Sandaoguo wrote:HS is worth 100 times more than the insubstantial (to borderline non-existent) benefits the TNP-TSP “alliance” has created over the last several years.
by Dragomere » Sun Dec 15, 2013 3:21 pm
The Nihilistic view wrote:Dragomere wrote:In case you missed it:I would like to motion for The Nihilistic view to be removed from office due to his questionable actions that he performed while in that position.
In case you missed itBeta Test wrote:It has been pointed out to me that Dragomere has confused IC and OOC, so this particular motion is rendered void.
Now either debate the current bills or go to the lobby but no spam here please.
by HumanSanity » Sun Dec 15, 2013 3:29 pm
Dragomere wrote:The Nihilistic view wrote:
In case you missed it
Now either debate the current bills or go to the lobby but no spam here please.
It is not spam. Now, I am getting supporters of that motion. Also, I clarified what I meant in a previous post, that which corrected what he said there, as I was not referring to your equally incriminating OOC posts.
Sandaoguo wrote:HS is worth 100 times more than the insubstantial (to borderline non-existent) benefits the TNP-TSP “alliance” has created over the last several years.
by Beta Test » Sun Dec 15, 2013 3:29 pm
by New Bierstaat » Sun Dec 15, 2013 4:16 pm
Beta Test wrote:Dragomere, your motion is dismissed.
POLITICAL COMPASS
Economic +2.75
Social +1.28
Thomas Jefferson wrote:I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man.
by Dragomere » Sun Dec 15, 2013 4:18 pm
by Capital Transportation Commission » Sun Dec 15, 2013 5:27 pm
On the Fair Admission of Justice
Author: Ainin [NDP] | Urgency: Medium | SIMBEDS: Order
Sponsors: New Zepuha [NDP], NEO Rome Republic [NDP], Kamchastkia [USLP], HumanSanity [RG], Central and Eastern Visayas
The Senate of the Aurentine Commonwealth,
Lauding the Criminal Code of the Aurentine Commonwealth for bringing much needed justice and order to the Commonwealth,
However noting that some activities that are in nature deplorable are not prohibited,
Affirming that the aforementioned acts should be declared illegal under the law,
Hereby passes the Act On the Fair Admission of Justice, consisting of the following sections:
Amendment to Section B
Realizing the "Unlawful Imprisonment" clause is improperly numbered, as IIX is not a number, the clause is hereby changed to read:viii Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict.To be added to Section G
The following shall be added to Section G of the Criminal Code:vi Treason is the committing of actions to help a foreign government overthrow, make war against, or seriously injure the Aurentine Commonwealth. It is a felony.First Amendment to the Judicial Act
vii High Treason is the committing of actions to help a foreign government overthrow, make war against, or seriously injure the Aurentine Commonwealth or assassinate a Great Officer of State during wartime. It is a felony, and punishable up to 50 years in prison.
viii Sedition is the committing of violent actions in an attempt to aid the overthrow or serious injury of the government. It is a felony.
ix Incitement to Hatred is publicly urging, or belonging to an organization that publicly urges, violent or arbitrary measures against a racial, ethnic, religious or national group or assaults the dignity of a racial, ethnic, religious or national group through the public and intentional spreading of incorrect and malicious statements. It is a contravention.Infants, defined as children 6 years-old or younger are presumed to be incapable of committing a crime. It is forbidden to prosecute infants.
Juveniles, defined as children between the ages of 7 and 12, are presumed to be incapable of committing a crime. However, if the prosecution is capable of proving the child was in control of his actions and understood it was wrong, they may be sentenced to a maximum of 8 years in a reformatory institution for violent and 1 year for nonviolent crimes.
Young adults, defined as children between the ages of 13 and 18, may be prosecuted and sentenced to a maximum of the existing maximum penalty, divided by two.
All persons under the age of 18 shall be given the right to a closed hearing, and it is prohibited under to wilfully publish the image or name of a minor charged with a crime in a manner in which the defendant's criminal reputation is harmed. The illegal publication of the name or image of a minor charged with a crime is Interfering with the administration of justice. It is a delict.
LONG LIVE BIODIESEL! - Come learn more about us at our new exhibition!
You have the right to remain silent, however anything you do say can and could be taken down and be used in a court of law against you. Beware of failing to mention something now which you later rely on in a Court of Law. You have the right to Legal Assistance.
by Dragomere » Sun Dec 15, 2013 5:37 pm
Capital Transportation Commission wrote:On the Fair Admission of Justice
Author: Ainin [NDP] | Urgency: Medium | SIMBEDS: Order
Sponsors: New Zepuha [NDP], NEO Rome Republic [NDP], Kamchastkia [USLP], HumanSanity [RG], Central and Eastern Visayas
The Senate of the Aurentine Commonwealth,
Lauding the Criminal Code of the Aurentine Commonwealth for bringing much needed justice and order to the Commonwealth,
However noting that some activities that are in nature deplorable are not prohibited,
Affirming that the aforementioned acts should be declared illegal under the law,
Hereby passes the Act On the Fair Admission of Justice, consisting of the following sections:
Amendment to Section B
Realizing the "Unlawful Imprisonment" clause is improperly numbered, as IIX is not a number, the clause is hereby changed to read:viii Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict.To be added to Section G
The following shall be added to Section G of the Criminal Code:vi Treason is the committing of actions to help a foreign government overthrow, make war against, or seriously injure the Aurentine Commonwealth. It is a felony.First Amendment to the Judicial Act
vii High Treason is the committing of actions to help a foreign government overthrow, make war against, or seriously injure the Aurentine Commonwealth or assassinate a Great Officer of State during wartime. It is a felony, and punishable up to 50 years in prison.
viii Sedition is the committing of violent actions in an attempt to aid the overthrow or serious injury of the government. It is a felony.
ix Incitement to Hatred is publicly urging, or belonging to an organization that publicly urges, violent or arbitrary measures against a racial, ethnic, religious or national group or assaults the dignity of a racial, ethnic, religious or national group through the public and intentional spreading of incorrect and malicious statements. It is a contravention.Infants, defined as children 6 years-old or younger are presumed to be incapable of committing a crime. It is forbidden to prosecute infants.
Juveniles, defined as children between the ages of 7 and 12, are presumed to be incapable of committing a crime. However, if the prosecution is capable of proving the child was in control of his actions and understood it was wrong, they may be sentenced to a maximum of 8 years in a reformatory institution for violent and 1 year for nonviolent crimes.
Young adults, defined as children between the ages of 13 and 18, may be prosecuted and sentenced to a maximum of the existing maximum penalty, divided by two.
All persons under the age of 18 shall be given the right to a closed hearing, and it is prohibited under to wilfully publish the image or name of a minor charged with a crime in a manner in which the defendant's criminal reputation is harmed. The illegal publication of the name or image of a minor charged with a crime is Interfering with the administration of justice. It is a delict.
by Regnum Dominae » Sun Dec 15, 2013 7:07 pm
The Nihilistic view wrote:For recap these are the following results with the correct links.
Passed
First Amendment to the Senate Ethics Act (2013)
Termination of Loopholes and Judicial System Improvement Act
First Amendment to the Presidential Election Procedures Act
Senator Residency Act
Motion Reform Act
Fourth Amendment to SIMBEDS
Failed
Aurentine Partisan Politics Act
The next acts for debate are;
-Repeal Regulation Act
-Repeal the Second Republican Executive Act
this debate will last a minimum of 24 hours. The debate will officially begin at 12am
by New Bierstaat » Sun Dec 15, 2013 7:11 pm
Regnum Dominae wrote:The Nihilistic view wrote:For recap these are the following results with the correct links.
Passed
First Amendment to the Senate Ethics Act (2013)
Termination of Loopholes and Judicial System Improvement Act
First Amendment to the Presidential Election Procedures Act
Senator Residency Act
Motion Reform Act
Fourth Amendment to SIMBEDS
Failed
Aurentine Partisan Politics Act
The next acts for debate are;
-Repeal Regulation Act
-Repeal the Second Republican Executive Act
this debate will last a minimum of 24 hours. The debate will officially begin at 12am
12am, what time zone?
POLITICAL COMPASS
Economic +2.75
Social +1.28
Thomas Jefferson wrote:I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man.
by Mediciano » Sun Dec 15, 2013 7:46 pm
Aurentine Continuity of Operations and Reconstitution Directive (ACORD) Establishment Act
Authors: MoD Marius Kruger [IP] | Urgency: High | SIMBEDS: International Relations
Sponsors: Kouralia, Prussia-Steinbach, Ainin, Dragomere, Finium, East Ormania, IASM
The Senate of the Aurentine Commonwealth,
NOTING that Aurentina has no means to ensure the continued facilitation of vital government functions in the event of a catastrophe.
ALARMED at the threat that this poses to any modern nation faced with the threats of foreign and domestic terrorism.
FURTHERMORE alarmed at the prospect of a government response that is not entirely unified in the event of a catastrophe.
HEREBY ESTABLISHES the Aurentine Continuity of Operations and Reconstitution Directive (ACORD).
HEREBY ESTABLISHES the following as the content of the ACORD*:
DEFINITIONS:This category contains all definitions not explicit within the text of ACORD:(a) "Category" refers to the categories of EGA departments outlined in section three (III) of this document;
(b) "Catastrophic Emergency" means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the Aurentine population, infrastructure, environment, economy, or government functions;
(c) "Continuity of Government," or "COG," means a coordinated effort within the EGA to ensure that National Essential Functions continue to be performed during a Catastrophic Emergency;
(d) "Continuity of Operations," or "CO-OP," means an effort within individual Aurentine departments and agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies;
(e) "Emergency Government of Aurentina," or "EGA," means a complete temporary dissolution of the Aurentine Commonwealth and the formation of an extra-constitutional military led government to be administered, coordinated and commanded by the Commander in Chief of Aurentina. The tasks of the EGA will be divided among three departments, as outlined in section three (III) of this document.
(f) "Pre-EGA Ministries and Departments (PEGAMD)" means the ministries and departments enumerated in the REA and Ministry Foundation Act and all other departments established by law or funded by the Aurentine government; Ministry of Defence
(g) "Government Functions" means the collective functions of the heads of EGA departments and agencies as defined by this directive or presidential command and the functions of the legislative and judicial branches;
(h) "National Essential Functions," or "NEFs," means that subset of Government Functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through CO-OP and COG capabilities;
(i) "Primary Mission Essential Functions," or "PMEFs," means those Government Functions that must be performed in order to support or implement the performance of NEFs before, during, and in the aftermath of an emergency.
I) This directive establishes a comprehensive national policy on the continuity of Aurentine Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of national continuity policies. This policy establishes three "National Departments" and prescribes continuity requirements for all departments and agencies, and provides guidance for local governments and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.
II) The Directive, when instituted, temporarily dissolves the Commonwealth and establishes a new government based solely around the Commander in Chief of Aurentina, who shall be vested with special emergency powers. This government shall be called the "Emergency Government of Aurentina" (EGA) and shall exist until such a time as the Commander in Chief sees fit to dissolve the EGA and re-adopt the Commonwealth as the governing body of Aurentina.
IIa) In the event of the Commander in Chief of the Commonwealth of Aurentina being killed or made unable to effectively discharge his duty, the office passes to the recipient as defined in the following Order of Succession:1. President
2. Vice President
3. Prime Minister
4. Minister of Defence
5. President Pro-Tempore
6. Deputy Prime Minister
7. Minister of the Interior
8. Minister of Foreign Affairs
9. Minister of Justice
10. Highest Ranking Military Individual
IIb) In the event of the Commander in Chief of the Emergency Government of Aurentina being killed or made unable to effectively discharge his duty, the office passes to the recipient as defined in the following Order of Succession:1. The Commander in Chief
2. Chief of the OMS
3. Chief of the OMI
4. Chief of State
5. Chief of the OMR
6. Chief of the WDL
7. Chief of the CCMD
8. Chief of Resources
9. Chief of the OS
10. Highest Ranking Military Individual
These listed personnel will appoint a successor to their office before assuming the office of Commander in Chief. If they are unable to appoint a successor to their office for any reason, then the position will be assigned by the Department Chief. If the Department Chief is unable to assign a successor, then the position will be assigned by the OMS.
III) The Provisions in this directive will supersede all previously existing or conflicting laws or agreements in effect or observed by the Aurentine Commonwealth.
IV) Upon the dissolution of the Commonwealth and the invocation of the ACORD, the government will be immediately divided into the following three departments:• The Department of Defence, who will be concerned with the overall management of military resources, and the maintenance of law and order in Aurentina;
• The Department of State, who will be concerned with civilian affairs and resources, as well as relations and communications with foreign entities;
• The Department of Resources, who will be concerned with the enumeration, generation and distribution of all private and public resources deemed relevant to the situation.
Each department will have a single administrative chief, though all will be considered subordinate to the Commander in Chief who will be adminitrative chief of the Department of Defence. Each department will be divided into a certain number of sub departments as follows:
IVa) The Department of Defence will be divided into five sub departments and headed by the Commander in Chief:• The Office of the Commander in Chief (OCC) which is charged with exercising authority over all departments and handling the overall functioning of the nation.
• The Office of Military Strategy (OMS) which is charged with the management of all military engagements and conflicts that arise, as well as the overall defence of the nation. The OMS is also charged with aiding the nation in any way in completing NEFs or attaining reconstitution, at the command of the Commander in Chief.
• The Office of Military Intelligence (OMI) which is charged with the gathering of information vital or useful to the Commander in Chief or to the completion of the task of reconstitution or any NEFs.
• The Office of Security (OS) which is charged with maintaining the security and safety of all department chiefs and VIPs deemed essential to COG.
• The Office of Military Resources (OMR) which is charged with the maintenance, acquisition, distribution and logistical management of all resources possessed by or required by the military.
IVb) The Department of State will be divided into ten sub departments and headed by the Chief of State:• The Civilian Crisis Management Department (CCMD) which is charged with overseeing the general civilian response to a national crisis.
• The Foreign Actions Department (FAD) which is charged with executing all of the diplomatic tasks of the EGA.
• The Civilian Health Department (CHD) which is charged with ensuring that appropriate healthcare is available to the citizens of Aurentina.
• The Transportation Infrastructure Department (TID) which is charged with the continued maintenance and functioning of all civilian routes and means of transportation in Aurentina.
• The Energy Infrastructure Department (EID) which is charged with the continued maintenance and functioning of all civilian energy generation facilities.
• The Water Infrastructure Department (WID) which is charged with the continued maintenance and functioning of all civilian water treatment and distribution facilities.
• The Agricultural Infrastructure Department (AID) which is charged with the continued maintenance and functioning of all food production and distribution facilities in Aurentina.
• The Distribution Infrastructure Department (DID) which is charged with the actual distribution of all vital resources appropriated to the civilian population.
• The Workers Draft Department (WDD) which is charged with assigning tasks to all available civilian assets in Aurentina.
• The War Department Liaison (WDL) which is charged with coordinating State actions with the actions of the War Department.
IVc) The Department of Resources will be divided into sub divisions and will be headed by the Chief of Resources:• The Health Research Department (HRD) which is charged with researching and developing solutions to any variety of health related situations that arise during, as a result of or as the cause of a catastrophe.
• The Resource Management Department (RMD) which is charged with the management of all requests made by civilian or military departments, as well as the maintenance and distribution of resources deemed relevant to the situation.
V) On the Continuation of the EGA, the following will be considered standard protocol:The Commander in Chief can institute the ACORD at any point for a maximum of ten days.
On the tenth day, it will be required that all remaining Cabinet members of the pre-EGA Ministries and Departments participate in a vote on whether to continue the application of the ACORD. If no Cabinet members are available, the twenty five highest ranking military personnel in Aurentina will be called to vote.
If there is a tie, the Commander in Chief will act as tie breaker. At the conclusion of the first vote, the EGA will be continued for 20 days from the last vote.
At the conclusion of that 20 day period, if the assembled voters agree to continue the EGA, it will be continued for 50 days from the last vote.
At the conclusion of that 50 day period, if the assembled voters agree to continue the EGA, it will be continued for 80 days from the last vote.
At the conclusion of that 80 days, if the assembled voters agree to continue the EGA, it will be continued for 100 days from the last vote. The EGA will continue in this nature, with new votes every 100 days from the last.
VI) On the dissolution of the EGA, the following will be standard protocol:The Commander in Chief can dissolve the EGA at any time, and return Aurentina to its previous system of governance.
The EGA can be dissolved if a majority vote as outlined in section five (V) fails to authorize the continuation of the EGA.
VII) On the accountability of the EGA to the people of Aurentina following its dissolution, the following will be standard protocol:The Commander in Chief will be held responsible by civilian courts for any and all actions undertaken by the EGA, as will any personnel deemed to have violated their station or abused their power.
VIII) General Provisions:The Military will be given priority over all other entities in the event of a catastrophe that is the direct result of hostile action undertaken by enemies of the state.
All police forces will be be expected to cooperate with the Military Police Forces of the Aurentine Military, though they will maintain sovereignty in dealing with civilian law enforcement.
The Military will be charged with the general enforcement of an orderly state, but civilian police will maintain law enforcement duties. Any person who violates the peace or works to undermine, counter or annul the efforts of the EGA will be subject to punishment at the discretion of the military. Habeas corpus will be suspended during any period in which the EGA exists.
It will be the responsibility of the Commander in Chief and Prime Minister to separate the pre-EGA ministries and departments into the three EGA departments (and their respective subdepartments) before the ACORD is used.
It will be the responsibility of the Chiefs of each sub department to conglomerate and incorporate the preplanned strategies of each pre-EGA ministry and department included in said sub department.
It will be the responsibility of each individual pre-EGA ministry and department to develop a strategy for the completion of all relevant PMEFs.
*also referred to as "The Directive"
[box][align=center][size=200]Aurentine Continuity of Operations and Reconstitution Directive (ACORD) Establishment Act[/size]
[b]Authors:[/b] MoD Marius Kruger [IP] | [b]Urgency:[/b] High | [b]SIMBEDS:[/b] International Relations
[b]Sponsors:[/b] Dragomere[/align][hr][/hr]
[b]The Senate of the Aurentine Commonwealth,[/b]
[b]NOTING[/b] that Aurentina has no means to ensure the continued facilitation of vital government functions in the event of a catastrophe.
[b]ALARMED[/b] at the threat that this poses to any modern nation faced with the threats of foreign and domestic terrorism.
[b]FURTHERMORE[/b] alarmed at the prospect of a government response that is not entirely unified in the event of a catastrophe.
[b]HEREBY ESTABLISHES[/b] the Aurentine Continuity of Operations and Reconstitution Directive (ACORD).
[b]HEREBY ESTABLISHES[/b] the following as the content of the ACORD*:
[b]DEFINITIONS:[/b]This category contains all definitions not explicit within the text of ACORD:
[blocktext][i][b](a)[/b][/i] "Category" refers to the categories of EGA departments outlined in section three (III) of this document;
[i][b](b)[/b][/i] "Catastrophic Emergency" means any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the Aurentine population, infrastructure, environment, economy, or government functions;
[i][b](c)[/b][/i] "Continuity of Government," or "COG," means a coordinated effort within the EGA to ensure that National Essential Functions continue to be performed during a Catastrophic Emergency;
[i][b](d)[/b][/i] "Continuity of Operations," or "CO-OP," means an effort within individual Aurentine departments and agencies to ensure that Primary Mission-Essential Functions continue to be performed during a wide range of emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies;
[b][i](e)[/i][/b] "Emergency Government of Aurentina," or "EGA," means a complete temporary dissolution of the Aurentine Commonwealth and the formation of an extra-constitutional military led government to be administered, coordinated and commanded by the Commander in Chief of Aurentina. The tasks of the EGA will be divided among three departments, as outlined in section three (III) of this document.
[b][i](f)[/i][/b] "Pre-EGA Ministries and Departments (PEGAMD)" means the ministries and departments enumerated in the REA and Ministry Foundation Act and all other departments established by law or funded by the Aurentine government; Ministry of Defence
[b][i](g)[/i][/b] "Government Functions" means the collective functions of the heads of EGA departments and agencies as defined by this directive or presidential command and the functions of the legislative and judicial branches;
[b][i](h)[/i][/b] "National Essential Functions," or "NEFs," means that subset of Government Functions that are necessary to lead and sustain the Nation during a catastrophic emergency and that, therefore, must be supported through CO-OP and COG capabilities;
[b][i](i)[/i][/b] "Primary Mission Essential Functions," or "PMEFs," means those Government Functions that must be performed in order to support or implement the performance of NEFs before, during, and in the aftermath of an emergency.[/blocktext]
[b]I)[/b] This directive establishes a comprehensive national policy on the continuity of Aurentine Government structures and operations and a single National Continuity Coordinator responsible for coordinating the development and implementation of national continuity policies. This policy establishes three "National Departments" and prescribes continuity requirements for all departments and agencies, and provides guidance for local governments and private sector organizations in order to ensure a comprehensive and integrated national continuity program that will enhance the credibility of our national security posture and enable a more rapid and effective response to and recovery from a national emergency.
[b]II)[/b] The Directive, when instituted, temporarily dissolves the Commonwealth and establishes a new government based solely around the Commander in Chief of Aurentina, who shall be vested with special emergency powers. This government shall be called the "Emergency Government of Aurentina" (EGA) and shall exist until such a time as the Commander in Chief sees fit to dissolve the EGA and re-adopt the Commonwealth as the governing body of Aurentina.
[i][b]IIa)[/b][/i] In the event of the Commander in Chief of the Commonwealth of Aurentina being killed or made unable to effectively discharge his duty, the office passes to the recipient as defined in the following Order of Succession:
[blocktext][i][b]1.[/b][/i] President
[i][b]2.[/b][/i] Vice President
[i][b]3.[/b][/i] Prime Minister
[i][b]4.[/b][/i] Minister of Defence
[i][b]5.[/b][/i] President Pro-Tempore
[i][b]6.[/b][/i] Deputy Prime Minister
[i][b]7.[/b][/i] Minister of the Interior
[i][b]8.[/b][/i] Minister of Foreign Affairs
[i][b]9.[/b][/i] Minister of Justice
[i][b]10.[/b][/i] Highest Ranking Military Individual[/blocktext]
[i][b]IIb)[/b][/i] In the event of the Commander in Chief of the Emergency Government of Aurentina being killed or made unable to effectively discharge his duty, the office passes to the recipient as defined in the following Order of Succession:
[blocktext][i][b]1.[/b][/i] The Commander in Chief
[i][b]2.[/b][/i] Chief of the OMS
[i][b]3.[/b][/i] Chief of the OMI
[i][b]4.[/b][/i] Chief of State
[i][b]5.[/b][/i] Chief of the OMR
[i][b]6.[/b][/i] Chief of the WDL
[i][b]7.[/b][/i] Chief of the CCMD
[i][b]8.[/b][/i] Chief of Resources
[i][b]9.[/b][/i] Chief of the OS
[i][b]10.[/b][/i] Highest Ranking Military Individual[/blocktext]
These listed personnel will appoint a successor to their office before assuming the office of Commander in Chief. If they are unable to appoint a successor to their office for any reason, then the position will be assigned by the Department Chief. If the Department Chief is unable to assign a successor, then the position will be assigned by the OMS.
[b]III)[/b] The Provisions in this directive will supersede all previously existing or conflicting laws or agreements in effect or observed by the Aurentine Commonwealth.
[b]IV)[/b] Upon the dissolution of the Commonwealth and the invocation of the ACORD, the government will be immediately divided into the following three departments:
[blocktext]• The Department of Defence, who will be concerned with the overall management of military resources, and the maintenance of law and order in Aurentina;
• The Department of State, who will be concerned with civilian affairs and resources, as well as relations and communications with foreign entities;
• The Department of Resources, who will be concerned with the enumeration, generation and distribution of all private and public resources deemed relevant to the situation.[/blocktext]
Each department will have a single administrative chief, though all will be considered subordinate to the Commander in Chief who will be adminitrative chief of the Department of Defence. Each department will be divided into a certain number of sub departments as follows:
[i][b]IVa)[/b][/i] The Department of Defence will be divided into five sub departments and headed by the Commander in Chief:
[blocktext]• The Office of the Commander in Chief (OCC) which is charged with exercising authority over all departments and handling the overall functioning of the nation.
• The Office of Military Strategy (OMS) which is charged with the management of all military engagements and conflicts that arise, as well as the overall defence of the nation. The OMS is also charged with aiding the nation in any way in completing NEFs or attaining reconstitution, at the command of the Commander in Chief.
• The Office of Military Intelligence (OMI) which is charged with the gathering of information vital or useful to the Commander in Chief or to the completion of the task of reconstitution or any NEFs.
• The Office of Security (OS) which is charged with maintaining the security and safety of all department chiefs and VIPs deemed essential to COG.
• The Office of Military Resources (OMR) which is charged with the maintenance, acquisition, distribution and logistical management of all resources possessed by or required by the military.[/blocktext]
[i][b]IVb)[/b][/i] The Department of State will be divided into ten sub departments and headed by the Chief of State:
[blocktext]• The Civilian Crisis Management Department (CCMD) which is charged with overseeing the general civilian response to a national crisis.
• The Foreign Actions Department (FAD) which is charged with executing all of the diplomatic tasks of the EGA.
• The Civilian Health Department (CHD) which is charged with ensuring that appropriate healthcare is available to the citizens of Aurentina.
• The Transportation Infrastructure Department (TID) which is charged with the continued maintenance and functioning of all civilian routes and means of transportation in Aurentina.
• The Energy Infrastructure Department (EID) which is charged with the continued maintenance and functioning of all civilian energy generation facilities.
• The Water Infrastructure Department (WID) which is charged with the continued maintenance and functioning of all civilian water treatment and distribution facilities.
• The Agricultural Infrastructure Department (AID) which is charged with the continued maintenance and functioning of all food production and distribution facilities in Aurentina.
• The Distribution Infrastructure Department (DID) which is charged with the actual distribution of all vital resources appropriated to the civilian population.
• The Workers Draft Department (WDD) which is charged with assigning tasks to all available civilian assets in Aurentina.
• The War Department Liaison (WDL) which is charged with coordinating State actions with the actions of the War Department.[/blocktext]
[i][b]IVc)[/b][/i] The Department of Resources will be divided into sub divisions and will be headed by the Chief of Resources:
[blocktext]• The Health Research Department (HRD) which is charged with researching and developing solutions to any variety of health related situations that arise during, as a result of or as the cause of a catastrophe.
• The Resource Management Department (RMD) which is charged with the management of all requests made by civilian or military departments, as well as the maintenance and distribution of resources deemed relevant to the situation.[/blocktext]
[b]V)[/b] On the Continuation of the EGA, the following will be considered standard protocol:
[blocktext]The Commander in Chief can institute the ACORD at any point for a maximum of ten days.
On the tenth day, it will be required that all remaining Cabinet members of the pre-EGA Ministries and Departments participate in a vote on whether to continue the application of the ACORD. If no Cabinet members are available, the twenty five highest ranking military personnel in Aurentina will be called to vote.
If there is a tie, the Commander in Chief will act as tie breaker. At the conclusion of the first vote, the EGA will be continued for 20 days from the last vote.
At the conclusion of that 20 day period, if the assembled voters agree to continue the EGA, it will be continued for 50 days from the last vote.
At the conclusion of that 50 day period, if the assembled voters agree to continue the EGA, it will be continued for 80 days from the last vote.
At the conclusion of that 80 days, if the assembled voters agree to continue the EGA, it will be continued for 100 days from the last vote. The EGA will continue in this nature, with new votes every 100 days from the last.[/blocktext]
[b]VI)[/b] On the dissolution of the EGA, the following will be standard protocol:
[blocktext]The Commander in Chief can dissolve the EGA at any time, and return Aurentina to its previous system of governance.
The EGA can be dissolved if a majority vote as outlined in section five (V) fails to authorize the continuation of the EGA.[/blocktext]
[b]VII)[/b] On the accountability of the EGA to the people of Aurentina following its dissolution, the following will be standard protocol:
[blocktext]The Commander in Chief will be held responsible by civilian courts for any and all actions undertaken by the EGA, as will any personnel deemed to have violated their station or abused their power.[/blocktext]
[b]VIII)[/b] General Provisions:
[blocktext]The Military will be given priority over all other entities in the event of a catastrophe that is the direct result of hostile action undertaken by enemies of the state.
All police forces will be be expected to cooperate with the Military Police Forces of the Aurentine Military, though they will maintain sovereignty in dealing with civilian law enforcement.
The Military will be charged with the general enforcement of an orderly state, but civilian police will maintain law enforcement duties. Any person who violates the peace or works to undermine, counter or annul the efforts of the EGA will be subject to punishment at the discretion of the military. Habeas corpus will be suspended during any period in which the EGA exists.
It will be the responsibility of the Commander in Chief and Prime Minister to separate the pre-EGA ministries and departments into the three EGA departments (and their respective subdepartments) before the ACORD is used.
It will be the responsibility of the Chiefs of each sub department to conglomerate and incorporate the preplanned strategies of each pre-EGA ministry and department included in said sub department.
It will be the responsibility of each individual pre-EGA ministry and department to develop a strategy for the completion of all relevant PMEFs.[/blocktext]
*[i]also referred to as "The Directive"[/i][/box]
by Ainin » Sun Dec 15, 2013 7:47 pm
On the Fair Admission of Justice
Author: Ainin [NDP] | Urgency: Medium | SIMBEDS: Order
Sponsors: New Zepuha [NDP], NEO Rome Republic [NDP], Kamchastkia [USLP], HumanSanity [RG], Central and Eastern Visayas
The Senate of the Aurentine Commonwealth,
Lauding the Criminal Code of the Aurentine Commonwealth for bringing much needed justice and order to the Commonwealth,
However noting that some activities that are in nature deplorable are not prohibited,
Affirming that the aforementioned acts should be declared illegal under the law,
Hereby passes the Act On the Fair Admission of Justice, consisting of the following sections:
Amendment to Section B
Realizing the "Unlawful Imprisonment" clause is improperly numbered, as IIX is not a number, the clause is hereby changed to read:viii Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict.To be added to Section G
The following shall be added to Section G of the Criminal Code:vi Treason is the committing of actions to help a foreign government overthrow, make war against, or seriously injure the Aurentine Commonwealth. It is a felony.First Amendment to the Judicial Act
vii High Treason is the committing of actions to help a foreign government overthrow, make war against, or seriously injure the Aurentine Commonwealth or assassinate a Great Officer of State during wartime. It is a felony, and punishable up to life in prison.
viii Sedition is the committing of violent actions in an attempt to aid the overthrow or serious injury of the government. It is a felony.Infants, defined as children 6 years-old or younger are presumed to be incapable of committing a crime. It is forbidden to prosecute infants.
Juveniles, defined as children between the ages of 7 and 12, are presumed to be incapable of committing a crime. However, if the prosecution is capable of proving the child was in control of his actions and understood it was wrong, they may be sentenced to a maximum of 8 years in a reformatory institution for violent and 1 year for nonviolent crimes.
Young adults, defined as children between the ages of 13 and 18, may be prosecuted and sentenced to a maximum of the existing maximum penalty, divided by two. The division by two provision may be wavered if all of the following characteristics are met:All persons under the age of 18 shall be given the right to a closed hearing, and it is prohibited under to wilfully publish the image or name of a minor charged with a crime in a manner in which the defendant's criminal reputation is harmed. The illegal publication of the name or image of a minor charged with a crime is Interfering with the administration of justice. It is a delict.
- It can be proven by the prosecution beyond reasonable doubt that the defendant was in full control of their mental capabilities
- The crime is a felony in either Category E or F of the Criminal Code
- The individual is not suffering from a severe or profound intellectual disability, as defined by the Ministry of Health
by Libertechie » Sun Dec 15, 2013 9:34 pm
by Kamchastkia » Sun Dec 15, 2013 9:42 pm
Libertechie wrote:Can a bill be voted by the President for financial reasons?
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