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NSG Senate Bill Depository - Elizia

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Nariterrr
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Founded: Jan 27, 2016
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Postby Nariterrr » Tue Aug 16, 2016 9:19 am

Recognize the Armenian Genocide Act
Author: Ahmed Corbor (SLP)
Sponsors: Cornelius Sivousong-VanDerLoon (Labour) | Linanto Aiguo (LD) | Michel Nugati (SLP) | Juwita bin Fajar (LD) | Li Zhang (SLP)

An Act of the Federal Parliament to reckognize the Armenian Genocide.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 – In general
I. The Government of Elizia shall recognise the murder of Armenians by the Ottoman Empire as a Genocide
Last edited by Nariterrr on Tue Aug 16, 2016 9:19 am, edited 1 time in total.
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The Symplegades
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Founded: Dec 27, 2015
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Postby The Symplegades » Tue Aug 16, 2016 8:07 pm

Fishery Regulation Establishment Act
Author: Cornelius Sivousong-VanDerLoon (Labour)
Sponsors: Hon. Ujang Duong (PtH) | Hon. Chu Canh Kim (Labour) | Hon John Chiu, Home Secretary (ChIP) | Hon. Kamil Varatiang (SLP) | Hon. Abraham Kamassi (Labour)





RECOGNIZING the importance of fishing and other maritime industries to the economy of Elizia, it is the will, nay, the responsibility of this Federal Parliament to do all in its power to ensure the health of our fisheries for the future.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:





§1: Establishment of a Fishery Regulatory Agency
  1. : Hereby an agency shall be founded for the regulation of fisheries. Said agency shall be called "The National Fishery Service"
  2. : The duties of said service will be the following:
    1. To establish quotas for fisherman. A quota is herein defined as "a maximum number of fish, crustaceans, mollusks, or other organism of a certain species that a fisherman is allowed to keep
    2. To research the affects that commercial fishing and private fishing have upon our fisheries.
    3. To determine how best to propagate struggling species'.
    4. To do routine checks of catch on commercial boats, to enforce quotas.
    5. To protect endangered species of organisms from our fisheries

§2: Jurisdiction:
  1. Jurisdiction is defined as "an authority under which an agency rests"
  2. The National Fishery service shall be an agency falling under the Jurisdiction of the Ministry of the Environment.

§3: Funding
  1. Funding is defined as: "the amount of financial resources allocated to an effort, group, or agenct"
  2. : Minimum funding will be defined by the Federal Parliament. Provinces will be required to pay for half of the basic funding for the National Fishery Service directly
  3. : Provincial governments, and the Federal Parliament, may allocate extraordinary funding to the National Fishery Service at their will
  4. :Use of Funding. The following are permitted uses of funding:
    1. : To subsidize fishery related research at exterior research institutions
    2. : To pay salaries, pensions, wages, and benefits of Fishery Service employees.
    3. : To pay for the upkeep of required seagoing and rivergoing vessels.
    4. : To pay for the upkeep of Fishery Service Buildings.
    5. : To fund research within the Fishery Service itself.
    6. : To fund advertising campaigns which create awareness of legal catch limits, and fishery regulation.
  5. : Additional funding shall be provided from fines collected for illegal fishing. 1/6 of the revenue from these fines will go to the Fishery Service.

§4: Functions
  1. In order to achieve the goals of fishery protection, the below shall be actions at the disposal of the National Fishery Service
    1. Institution of Individual Transferable Quotas (also known as individual catch quotas)
    2. Regulation of Catching techniques (i.e banning trawling or mandating certain net sizes)
    3. Restrictions on number of fishing vessels allowed in a zone
    4. Creation of zones and units in the ocean and waterways to regulate and manage fishery activity
    5. Regulating the type of bait and lures allowed for fishery activity
    6. Licensing of fishing vehicles and fishermen/women
    7. Removal of invasive organisms
    8. Maintenance of a Fishery Police force or patrol to round up illegal fishing vessels and people fishing illegally.


Here is the newest draft
Last edited by The Symplegades on Fri Aug 19, 2016 12:42 pm, edited 1 time in total.
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Argentarino
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Founded: Oct 05, 2014
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Postby Argentarino » Wed Aug 17, 2016 9:09 am

The Establishment of the Commission on Truth, Dignity, and Reconciliation Act
Authors: Siyad Kasturi (SLP) and Tjilik Beluluk (PtH)
Sponsors: Ahmed Corbor (SLP), Thu Tran (SLP), Michael Nugati (SLP), Li Zhang (SLP), and John Chiu (ChIP)


An act to establish a commission to establish truth regarding crimes of the old regime, restore dignity to the victims, and promote reconciliation in Elizia.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 – Establishment:
a. The Commission on Truth, Dignity, and Reconciliation, henceforth to be referred to as "The Commission" or the "CTDR" in this bill, shall be established after the passage of this bill.
b. There will be a Director of the Commission, who shall be appointed by the President of Elizia and approved by the Senate by a majority vote;
i. The Director shall be granted the authority to appoint fifteen additional commissioners;
ii. Commissioners and staffers with the commission cannot have had any affiliation with the Armed Forces, police forces, or any security services that were either part of the Elizian government or were contracted by them before the implementation of the transitional government;


§2 – Authority and Scope:
a. Any citizen of Elizia may bring a case to the attention of the Commission;
b. The Commission may subpoena any persons of interest in connection with a case;
i. All witnesses are allowed legal representation. If they cannot afford an attorney, one will be provided by the state;
ii. The Commission has the authority to ask for and acquire any and all documentation and evidence in relation to specific cases from the complainant(s), the respondent(s), and all government ministries, agencies, and other entities. These requests must be respected and carried out by any party that is asked to turn over evidence to the Commission;
c. The Commission does not have the authority to deliver and/or carry out sentences;
d. Should a citizen voluntarily confess their crimes before the Commission, should those crimes exclude war crimes or crimes against humanity, and should that citizen hold no rank higher in the ENC regime than that of Colonel, then the Commission may choose to grant amnesty to that citizen.


§3 - Reports
a. At the end of every calendar year that the Commission is in session, it will release a report listing its findings, verdicts, and decisions, including a summary of its findings. The report will be presented to the President, Senate, and public of Elizia, until such a time that it is determined by the Senate that the Commission is no longer deemed necessary to be in session.
Last edited by Argentarino on Wed Aug 17, 2016 9:10 am, edited 2 times in total.
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The Symplegades
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Postby The Symplegades » Wed Aug 17, 2016 10:59 am

Collective Bargaining and Trade Union Rights Act
Author: Cornelius Sivousong-VanDerLoon (Labour)
Sponsors: Hon. Ahmed Corbor (SLP), Senator | Hon. Kamil Varatiang (SLP), Senator | Hon. Michel Nugati (LD), Senator | Hon. Abraham Kamassi (Labour), Senator| Hon. Sayid Kasuri (SLP), Senator





RECOGNIZING the importance of collective bargaining to world society as a vehicle for promoting income equality, the welfare of workers, and checks on corporate power and influence over markets.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:





§1: Creation of a Labor Relations Department
  1. : Hereby a Department should be founded for government mediation of labor disputes. Said Department shall be known as "The Department of Labor Relations"
  2. This department shall fall under the jurisdiction of the Ministry for Economic Affairs. Jurisdiction is defined as "an authority under which an agency rests"
  3. The Department of Labor Relations shall have the following responsibilities
    1. Administer federal law which exists in regard to minimum wages and maximum wages, were either to be instituted.
      1. The minimum wage is defined as the following: "the smallest possible hourly wage or yearly salary that an employer can pay to workers"
      2. The maximum wage is defined as the following: "the highest possible hourly wage or salary that workers or managers can be paid"
    2. Promote and oversee Job Training Initiatives.
    3. Administering and enforcing adherence to Federal law regarding workplace safety. For example, ensuring that legal hours are being worked by employees, or ensuring that proper safety equipment is worn and all workplace machinery is at a reasonable standard of safety.
    4. Conduct union elections and card-checks. These will be defined later in the bill.
    5. Investigation of charges of violation of labor law, or collective bargaining rights
    6. Participate in labor related appeals and do fact finding for such appeals that may go before the courts

§2: Collective Bargaining
  1. Collective Bargaining is to be regarded by the courts, employers, unions, and provinces as a guaranteed right for all workers in Elizia.
  2. Collective Bargaining shall be defined below as:
    • Negotiations of wages, work conditions, hours, benefits, pensions, and other aspects of work between a collective bargaining unit and the employer of the workers in that unit.
  3. A Collective Bargaining Unit (CBU) is the unit through which workers participate in collective bargaining. Collective Bargaining Units are required for collective bargaining to occur.
    1. The following entities can become collective bargaining units.
    1. Trade Unions
      • Trade Unions shall be defined as "the organized groups of workers which represents workers in labor disputes and actions"
    2. Professional Associations
      • Professional Associations shall be defined as "an organization which exists to further a particular profession"

§3: Labor Actions
  1. Collective Bargaining Units and National Unions have rights to perform certain labor actions. They shall be detailed below
    1. Strike: Workers shall be allowed to strike. A strike is defined as "a work stoppage caused by a mass refusal of workers to perform job duties"
      • For workers to go on a protected strike, the CBU must sponsor a strike election. Over half of the workers in the CBU at a given workplace must vote in favor of a strike in order for a a strike to be legally protected.
      • Certain categories of workers are forbidden from striking without special court permission. These categories are the following: Police and Public Safety Workers, Fire Fighters, Emergency Services Employees.
    2. Picketing: Workers are by law herein entitled to the right to picket. A picket is defined as "an action where a group of workers stand outside of a workplace or by a public thoroughfare in order to discourage people from doing business with the company facing the strike, and/or in order to protest unjust treatment by management or the company"
      • While picketing is permitted, it is forbidden for reasons of individual rights and safety for picket participants to render entry or exit to a place of business physically impossible. (This includes setting up barriers in front of entrances and exits, or blocking entrances and exits with the picket line).
    3. Sitting-Down: Workers are entitled to Sit-Down as a job action. Sitting-Down in the labor action context is defined as "an action wherein a group of workers sits down at their job station and ceases work-related activity"
      • Sitting-Down is subject to normal strike authorization (voting) rules and must occur as the action of a legally conducted strike vote.
      • Sitting-Down shall not be legal if it creates a safety hazard, such as violations of federal or local Fire Codes.
    4. Sympathy Strikes. Workers are entitled legally to perform a sympathy strike in certain limited contexts. A sympathy strike is defined as "a work stoppage, demonstration outside of work hours, or demonstration of approval for another CBU's strike and its actions"
      • Sympathy Strikes are allowed for CBUs in the same industrial or commercial sector as the CBU which is going on strike.
      • Sympathy Strikes are allowed for CBUs in the same National Union as the CBU which is going on strike.
      • Sympathy Strikes can only be held with a strike authorization vote. Unlike a normal strike authorization vote, this requires 2/3 majority in order to be legal.

§4: Voting and Card Checks
  1. Voting and Card Checks are mechanisms required for union authorization and strike authorization.
  2. Voting for authorization of a CBU
    1. Voting is to be conducted for authorization of a union or professional association as a CBU
    2. Authorization votes are to be overseen by the Department of Labor Relations. The Department of Labor Relations must verify that they have witnessed a legal vote in order for a vote for union representation to be binding.
  3. Voting to go on Strike
    1. A CBU must conduct a vote of its members in order to go on strike and perform legally protected labor actions.
    2. A strike authorization does not need to be witnessed by the Department of Labor Relations.
    3. False reporting of strike votes may be investigated, however, by the Department of Labor Relations.
  4. Card Checks. Card Checks shall be defined as the following "a mechanism to authorize a CBU in a workplace wherein workers sign cards, or forms, indicating their interest in forming a union and a Department of Labor Relations employee checks the cards and approves qualification for the CBU.
    1. Over half of a workplace must have CBU cards in order for a CBU to be formed.

§5: Rights of Workers in Collective Bargaining Situations
  1. Workers are to be protected from being fired or laid-off in the following circumstances related to collective bargaining.
    1. It is illegal to fire workers for talking about forming a collective bargaining unit
    2. It is illegal to fire workers for handing out literature to other workers regarding the formation of a collective bargaining unit
    3. It is illegal to fire workers for wearing CBU related insignia, such as, but not limited to the following: Buttons, pins, hats, scarves, ribbons, and patches.
    4. It is illegal to fire workers for going on a legal strike, or taking legal labor actions
    5. It is illegal to lay off workers about to go on strike
    6. It is illegal to lay off workers before a CBU authorization vote or card-check
    7. It is illegal to fire or lay off workers for discussing organizing a CBU with customers and clients.
  2. Workers have the right to refuse any of the following in circumstances related to collective bargaining.
    1. To watch a presentation sponsored by the management about collective bargaining
    2. To answer questions from management in regards to collective bargaining.
    3. Requests by management to influence other workers in their collective bargaining decisions
  3. Employers are forbidden from doing any of the following in regards to collective bargaining.
    1. Rewarding workers with promotions, wage increases, or other work privileges in exchange for the worker not signing a card or voting nay on authorization.
    2. Threaten workers with job related penalties for supporting collective bargaining.
    3. Give non-factual information to workers about collective bargaining.
    4. Compile lists of workers known to favor collective bargaining

§6: Types of CBUs Permitted
  1. The following are types of Collective Bargaining Unit formations permitted.
    1. Closed Workplace: A workplace where contractually an employer is only allowed to hire union members.
    2. Union/Professional Organization Workplace: A workplace where people who do not belong to a union or professional association may be hired, but are required to join the union after a set period of time as detailed in official contract.
    3. Agencied Workplace: A workplace where workers may be hired from inside or outside of a union. In an Agencied Workplace, workers are not required to join the union, but must pay dues to cover collective bargaining costs.


§7: Political Affiliation of Trade Unions, Professional Associations, and CBUs
  1. Trade Unions, Professional Associations, and CBUs are permitted to formally affiliate themselves to a political party with two-thirds consent of members.
  2. Trade Unions, Professional Associations, and CBUs are permitted to endorse individual candidates with two-thirds consent of members, or without a vote if that candidate is a candidate of an affiliate Party.

§8: Collective Bargaining
  1. Collective Bargaining is a legally recognized and protected process available to Collective Bargaining Units (CBUs), defined, it is "the negotiation between workers and their employers about the conditions of their employment".
  2. In Collective Bargaining Negotiations, workers have certain rights and privileges. They are as follows:
    • The right to legal oversight and counsel during the negotiations. This can take the form of an attorney representing the CBU, or an attorney specifically hired for the negotiations.
    • The right to refuse to view any company materials or presentations regarding the contract.
    • The right to have their CBU official (elected or otherwise) answer any legally necessary questions if they so desire.
    • The right to criticize the conduct of their management and particular members of the management in the negotiations.
    • The right to make suggestions and amendments to the contract as they feel necessary.
    • The right to request a Department of Labor Relations official to witness the negotiations
  3. In Collective Bargaining Negotiations, the management has certain rights and privileges. They are as follows:
    • The right to legal oversight and counsel during the negotiations, whether from a lawyer under the payroll of said firm, or an exterior attorney hired for the negotiations.
    • The right to request a Department of Labor Relations official to witness the negotiations
    • The right to make suggestions or amendments to the contract in the course of negotiations.
    • The right to criticize particular workers during the negotiation
  4. Members of a CBU may request the following during collective bargaining negotiations within a potential contract
    • Changes in wages
    • Changes in working hours
    • Changes in vacation/time off
    • Changes in overtime rules
    • Changes in pensions
    • Changes in employee health plans
    • Changing Holiday wage/salary gifts
    • Changes in benefits (i.e stock options)
    • Changes in salaries
    • Changes in work rules (i.e uniforms, procedures)
    • A change in the way that the workplace's CBU representation works (Example: a change from an open workplace to an agencied workplace)
  5. Management may request the following during collective bargaining negotiations within a potential contract
    • Changes in wages
    • Changes in working hours
    • Changing Holiday wage/salary gifts.
    • Changes in vacation/time off
    • Changes in benefits (i.e stock options)
    • Changes in employee health plans
    • Changes in overtime rules
    • Changes in pensions
    • Changes in salaries
    • Changes in work rules (i.e uniforms, procedures)
  6. The following requests are illegal for both sides during negotiations:
    • Requesting workplace celebrations, for example, for holidays, birthdays, etc.
    • Requesting material gifts.
    • Requesting removal of employees
    • Requesting the removal of managers
    • Any request that violates labor law already in place
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Coconut Isle
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Postby Coconut Isle » Sun Aug 21, 2016 3:20 am


Amendment to the Central Bank (Payments System) Act
| Author: Siva Jeyaratnam (Electrum)
| Sponsor: Prime Minister Raharjo Iskandar-Bambang (Arkolon) |
An Act to invest an additional function to the Federal Reserve Bank of Elizia

(1)
The second section of the Central Bank Act will be amended to add the following text: c) Oversee the transactions between financial institutions by setting up and maintaining a financial payments system for Elizia according to the Amendment to the Central Bank (Payments System) Act.
(2)
The third section of the Central Bank Act will be amended to read: Chairman of the Federal Reserve Bank, the Monetary Council, the Payments Council as well as the Board of the Federal Reserve Bank of Elizia. as well as adding on the additional subsection: c) The Payments Council shall be composed of the Chairman of the Federal Reserve Bank, who shall preside over it, as well as persons distinguished by their knowledge of financial matters - appointed by the Chairman of the Federal Reserve Bank - for a period of 6 years. A person cannot be part of both the Payments Council and the Monetary Council.
(3)
The Payments Council will use current best practise worldwide to administer the financial payments system to ensure confidence in the financial system of Elizia. The Payments Council shall procure a reasonable amount of appropriate infrastructure including, but not limited to servers, buildings, etc. to house the financial payments system. The Payments Council may create other rules and regulations as necessary to protect the confidence of Elizia's financial system.
(4)
Two initial payments systems shall be created, each serving different purposes.
a) The retail system between individuals and their financial institutions shall be based on a deferred net settlement system, with financial instructions to be carried out at 8am every day.
b) The wholesale system between financial institutions and other high-value transactions shall be based on a real time gross settlement system.

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Maklohi Vai
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Founded: Jan 07, 2012
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Postby Maklohi Vai » Mon Aug 22, 2016 7:58 am

Emergency Policing Act
Author: The Hon. Home Secretary Abraham Kamassi (Maklohi Vai)
Sponsors: The Rt Hon. President Raharjo Iskandar-Bambang (Arkolon)

An act to provide for the security of the Federal Capital Territory

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 - The Capital Police Force
Hereby establishes the Capital Police Force of Elizia (CPF), which
1) retains primacy, over any other force, public or private, in the Federal Capital Territory of Elizia,

2) shall be headed by a Commissioner of Capital Police (hereafter Commissioner), who is appointed by the Home Secretary upon the consent and advice of the President of Elizia, and may be removed by either official,

3) shall be under the purview of the Home Office and reliant upon it for funding and supervision,

4) shall consist of individuals, each an Officer of the Capital Police Force of Elizia (hereafter Officer);

§2 - Powers
1) An Officer has the power to arrest any individual the Officer sees committing a crime or has reasonable suspicion of committing a crime. The Officer must also serve Arrest Warrants by which they have been charged to arrest an individual. Resisting a lawful arrest is a crime: “Resisting lawful arrest.” Upon arresting an individual, the Officer should read the following statement to inform the individual of their rights as a defendant: “I am placing you under arrest for [crime]/ under suspicion of [crime]. You are not required to speak, but anything you say may be used against you in a court of law;”

2) An Officer may request a Search Warrant to search and enter premises on which there is reasonable suspicion of a crime have being committee or material which may assist a police investigation;

3)An Officer may request a Special Warrant for a purpose not outlined above. They are required to state the purpose of the warrant, the grounds for seeking it, the persons or premises of interest, and any other information about the case which is relevant to the warrant request;

4)The Commissioner, or a deputy with the explicitly designated power to issue warrants, may issue Arrest Warrants, Search Warrants, and Special Warrants.
Last edited by Maklohi Vai on Mon Aug 22, 2016 7:58 am, edited 1 time in total.
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Nariterrr
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Founded: Jan 27, 2016
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Postby Nariterrr » Mon Aug 22, 2016 10:36 am

Commission of Court Aediles Act
Author: The Hon. Ahmed Corbor (SLP)
Sponsors: The Hon. Asako Lee Yuen (LD) | Sayid Kasturi (SLP) | Abraham Kamassi (Labour) | Michel Nugati (SLP) | Huang Diem (Labour) | Ujang Duong (PtH) | Quân Công Phạm (SLP) | Thu Tran (Alternative)


An Act of the Federal Parliament to establish, define, and appropriate the Commission of Court Aediles as well as its officers.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 – Establishment:
a. The Commission of Court Aediles is hereby ordained as an executive department of the Government of Elizia.
b. The Commission shall be under the jurisdiction of the Home Secretariat (or equivalent), which shall be responsible for administrating, advising and supervising the Commission.
c. Members of the Commission of Court Aediles shall be called 'Court Aediles' or 'Aediles' for short, they shall be appointed by the Aedile-General on the advice of the Home Secretary (or equivalent).
d. The Aedile-General of the Courts, henceforth referred to as the Aedile-General shall be the director of the Commission.
e. The Aedile-General shall be appointed by the Minister of the Interior (or equivalent) on the advice and consent of members of the Supreme Court and High Court of Cassation.
f. The Aedile-General may be removed from his office if it can be determined that he is no longer capable of holding his office, resigns, or is dismissed by the Home Secretary (or equivalent) for maladministration.
g. In accordance with clause 'c' of this section , the Aedile-General shall appoint and dismiss fifteen (15) officers to the positions of Court Aediles.
h. The Aedile-General shall manage the Commission, and shall supervise its conduct, and report to the Home Secretary (or equivalent) accordingly.


§2 – Scope and Authority of the Commission:
The following shall be the scope of the Commission:
a. Upon the authorization of the Parliament, the Commission of Court Aediles shall authorize, create, appropriate , and dismantle all courthouses, court offices and law libraries in Elizia unless law specifies otherwise.
b. The Commission of Court Aediles shall be responsible for maintaining and providing maintenance for all courts, court offices, and law libraries in Elizia unless law specifies otherwise. It shall, on its discretion, enlist the support of private organizations, provide supplies, plans and pay in full.
c. The Commission of Court Aediles shall be responsible for providing for the salaries and pensions of judges, courthouse workers, public lawyers, and other members of the public Judiciary.
d. The Commission of Court Aediles shall be responsible for the administration of Court based detention facilities, as well as all other amenities a law house would require to properly function.


The following shall not be the scope of the Commission:
a. Commission of Court Aediles shall not have the authority to arrest or detain, nor shall it have the power to execute law enforcement that would normally fall under the jurisdiction of law enforcement officers.
b. The Commission of Court Aediles shall not have the right to subpoena an ordinary citizen, however, it may choose to request the presence of a law officer.
c. The Commission of Court Aediles shall not have jurisdiction over penitentiaries or law enforcement other than those within courts.
d. The Commission of Court Aediles shall not be responsible for lawyers and judicial officers from private organizations.



§3 – Office of the Court Engineer:
a. The Office of the Court Engineer shall be appointed by the Commission of Court Aediles with the advice and consent of the local court.
b. Each province shall have one Court Engineer, and for the purposes of this bill, shall have jurisdiction over all legal offices within the jurisdiction of the local court.
c. The Court Engineer shall supervise the servicing and maintenance of courts and other houses of the judiciary in his jurisdiction and;
d. Shall execute the commands of the Commission of Court Aediles in regards to the maintenance of courthouses and other places where he has jurisdiction.


§4 – Office of the Court Auditor:
a. The Office of the Court Auditor shall be appointed by the Commission of Court Aediles on the advice and consent of the local court.
b. Each province shall have one Court Auditor, and for the purposes of this bill, shall have jurisdiction over all legal offices within the jurisdiction of the local court.
c. The Court Auditor shall monitor the finances of the court, as well as the salaries and pensions of its members.


§5 – Report:
a. Under the guidance of the Home Secretary (or equivalent), the Aedile-General shall submit a report to the Parliament every three months on the progress, concerns, and status of the Commission.
b. The Parliament shall raise questions, concerns, and requests, as well as determine the necessity of the Commission.
Last edited by Nariterrr on Mon Aug 22, 2016 11:30 am, edited 3 times in total.
Honestly who knows what about anything anymore.

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Arkolon
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Founded: May 04, 2013
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Postby Arkolon » Tue Aug 23, 2016 2:00 am

National Revenue Service Establishment Act
Author: Raharjo Iskandar-Bambang (Arkolon)
Sponsors: Government

An act to provide for the administration and collection of State revenue.

BBE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


Definitions:
tax year - the fiscal year for which entities and individuals report and file taxes.

Purposes:
  • To set a framework for the collection of tax revenues.
  • To set a framework for administration of tax collection and tax fraud investigation.
  • To establish a system of national tax numbers.
  • To set a framework for distribution of tax credits and tax refunds.

§1 - National Revenue Service
a) The National Revenue Service (NRS) shall be established as an executive department of the Ministry of Finance.
b) The NRS shall collect taxes from individuals, businesses, and other entities.
c) The NRS shall handle all administration of revenue collection.
d) The NRS shall handle all distribution of tax credits and refunds.
e) To administer revenue collection and tax credit payments, the NRS shall create a State Tax Number (STN) for every Elizian worker, taxpayer, and business.
f) The NRS shall have funds appropriated to it to hire employees to administer the NRS and to hire executives to manage the NRS.
g) The NRS shall investigate tax fraud and avoidance, in accordance with the Justice Ministry.

§2 - State Tax Number
a) All registered businesses, paid employees, contractors, and workers, and any other individuals or entities that receive income (both earned and unearned) must have a State Tax Number.
b) All legal residents and registered businesses who have the right to work or be in business, respectively, are entitled to a State Tax Number.
c) The National Revenue Service shall create an STN for all of the aforementioned groups in §2-a.
d) Groups mentioned in §2-a must get an STN from the National Revenue Service in order to be employed, open for business, and earning income.
e) Employers must have an STN for any person they pay wages or salaries to in order to employ them.
f) The formula for creating the STNs shall be developed by the National Revenue Service, and must be a random string of numbers.

§3 - Tax Collection from Individual Employees
a) People employed by a firm, not as a contractor, shall have personal income and social taxes deducted from their wages or salaries by their employer, via a "Pay As You Earn" (PAYE) system.
i.) Individuals shall be automatically enrolled in the PAYE system.
b) Individuals shall also have the right to pay their tax liability in a lump-sum at the end of the year.
c) The NRS shall devise a framework for administering this system.

§4 - Tax Collection from other Income-Earning Individuals
a) Individuals who earn income, not as employees of a firm, must pay applicable taxes by filing an annual tax return with the NRS.
b) Individuals shall have the right to pay tax on a quarterly basis or annual basis.
c) The NRS shall devise a framework for administering this system.

§5 - Tax Collection from Private Entities
a) Private entities, such as businesses, must pay applicable taxes by filing an annual tax return with the NRS.
b) The NRS shall devise a framework for administering this system.

§6 - The Tax Year
a) The 'tax year' shall run from the 1st of January to the 31st December.
b) Tax returns must be filed with the NRS by the 31st of March.


Government Tax Revenue Act
Author: Raharjo Iskandar-Bambang (Arkolon)
Sponsors: Government

An act to provide revenue for the Federation of Elizia and its political institutions.

BBE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


Definitions:
  • Taxable income - income from employment, wages, salaries, commissions and self-employment earnings.
  • Unearned income - income from trusts, rents, dividends, interest, annuities, royalties, and capital gains.
  • Capital gains - Profit from the disposition, sale, and/or trading of a capital asset.

§1 - Personal Income Tax
a) The personal income tax shall be levied on all 'taxable income' of individuals at the following marginal rates:
    Taxable income between $0-$1,000 per annum shall be taxed at: 0%
    Taxable income between $1,000-$2,000 per annum shall be taxed at: 27.5%
    Taxable income between $2,000-$4,000 per annum shall be taxed at: 37.5%
    All taxable income above $4,000 per annum shall be taxed at: 47.5%
b) Individuals will be considered 'tax-resident' if they are resident in Elizia for at least 183 days per year, and will then be subject to pay Personal Income Tax on their worldwide taxable income. If they are not 'tax-resident', they will only be liable for Personal Income Tax on domestically sourced taxable income.
c) Individuals who are tax-residents of Elizia and earn foreign-sourced taxable income shall be entitled to claim a 'foreign tax credit' for 100% of the corresponding income tax they have paid in the foreign country, which can reduce their Elizian tax liability. If their foreign income tax liability is greater than or equal to their Elizian income tax liability, they will owe no Elizian income tax. If their foreign income tax liability is less than their Elizian income tax liability, they will still be liable to pay Elizian income tax.

§2 - Corporate Profits Tax
a) Corporate tax shall be levied on all worldwide corporate profits, at a flat rate of 20%.
b) Corporations shall be entitled to receive a 'foreign tax credit' for corporate taxes paid in a foreign country. If the tax they paid in a foreign country is greater than or equal to their assessment for Elizian corporate tax liability, they will not owe any Elizian corporate tax. If the corporate tax they paid in a foreign country is lesser than their assessment for Elizian corporate tax liability, they will be liable to pay the difference.
c) Only domestically headquartered corporations will pay corporate tax on their worldwide profits. Foreign corporations will pay tax on domestic profits only.

§3 - Unearned Income Tax
a) The Unearned Income tax shall be levied on all 'unearned income' of individuals at the following marginal rates:
    Unearned income between $0-$5,000 per annum shall be taxed at: 19%
    Unearned income above $5,000 per annum shall be taxed at: 45%
b) Capital gains from the sale of the main home shall be exempt from Unearned Income Tax, up to a limit of $250,000. The main home shall be defined as an owner-occupied principal residence of the taxpayer in which he or she spends the majority of the tax year living in.
c) Individuals will be considered 'tax-resident' if they are resident in Elizian for at least 183 days per year, and will then be subject to pay Unearned Income Tax on their worldwide taxable income. If they are not 'tax-resident', they will only be liable for Unearned Income Tax on domestically-sourced taxable income.
d) Individuals who are tax-residents of Elizia and earn foreign-sourced taxable income shall be entitled to claim a 'foreign tax credit' for 100% of the corresponding tax they have paid in the foreign country, which can reduce their Elizian tax liability. If their foreign tax liability is greater than or equal to their Elizian tax liability, they will owe no Elizian tax. If their foreign tax liability is less than their Elizian tax liability, they will still be liable to pay Elizian tax.

§4 - Value Added Tax
a) Businesses with an annual turnover of more than $1,000 must register to pay Value Added Tax, a consumption tax paid by businesses on the value added to a good or service.
b) Goods and services that are not charged at special rates as listed below, will be charged VAT at a 'standard rate' of 12.5%.
c) Some goods and services will be charged at a 'reduced rate' of 6.25%, listed below:
    i.) Smoking cessation products
    ii.) Over-the-counter medicines
    iii.) Sanitary napkins
    iv.) Birth control products not subsidized by the Ministry of Health
    v.) Books
    vi.) Educational tuition fees and health insurance premiums
    vii.) Solar panels and housing insulation
d) Some goods and services will be charged at a 'zero rate' of 0%, listed below:
    i.) Fresh fruits and vegetables
    ii.) All financial services, including loan repayments
    iii.) Central and municipal government tax bills
    iv.) Donated goods and services sold by not-for-profit entities
    v.) Diapers and baby food
    vi.) Prescription medicines not subsidized by the Ministry of Health
    vii.) Fees for publicly provided services, such as public transportation ticket fees
    viii.) Rent for residential accommodation
    ix.) Government procurement
    x.) Residential energy and water bills
e) VAT shall be charged on imported goods and services shall be liable import by a business, or by an individual.
f) The National Revenue Service shall be required to release a specified list of goods and services charged at reduced and zero rates based upon interpretation of the law, and companies shall be able to receive a judgement from the National Revenue Service on whether one of their goods or services is eligible.

§5 - Miscellaneous
a) Taxes shall be collected, and credits distributed, via the provisions of the National Revenue Service Establishment Act.
b) All $ figures are in USD.
"Revisionism is nothing else than a theoretic generalisation made from the angle of the isolated capitalist. Where does this viewpoint belong theoretically if not in vulgar bourgeois economics?"
Rosa Luxemburg

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Ainin
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Posts: 13989
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Fri Aug 26, 2016 6:10 am

Original text as enacted by Parliament on 4 September 2016
Amended by the Criminal Code (Narcotics Trade) Amendment Act on 18 September 2016
Amended by the Government Ethics Act on 31 October 2016


Criminal Code of the Federation of Elizia
| Author: The Hon. John Chiu MP, Attorney-General of Elizia (ChIP) |
| Sponsors: The Hons. Abraham Kamassi MP, Home Secretary (Maklohi Vai, Labour); Ujang Duong MP, Foreign Secretary (Merizoc, Path to Harmony); |
| Tjilik Beluluk, Environment Secretary (United Provinces of Atlantica, Path to Harmony); Sa Ri An (The Sarian, Chinese Interests Party); |
| Ahmed Corbor (Nariterrr, Social Liberal Party); Siva Jeyaratnam, Treasury Secretary (Electrum, Elizia First); Tijah bin Dian, Leader of the Opposition (Lykens, Social Liberal Party) |

An Act to establish a penal code for the Federation of Elizia; and for connected purposes.



Preamble

WHEREAS the rule of law is a necessary hallmark of any stable and democratic system of governance,

WHEREAS all citizens of Elizia deserve to live in a harmonious society free from the blight of crime and violence,

WHEREAS such despicable activities must be punished within the full extent of the law as permitted in a free and democratic society,

THE PARLIAMENT OF ELIZIA RESOLVES to enact the following act into law.


CHAPTER I - CRIMES AGAINST THE PERSON

§1 - Homicide

  1. Whoever directly and without legal right causes the death of another person with the intention of causing death or severe harm to one or more persons is guilty of murder in the second degree, a felony. An individual convicted of murder in the second degree shall be sentenced to no more than thirty (30) years' imprisonment and the forfeiture of all personal assets.
  2. Whoever commits the act of murder in the second degree (i) after engaging in deliberate planning or deliberation, (ii) while committing a Section 3, 4, 5, 11, 12, 19, 26 or 27 offence, (iii) with a proscribed weapon, (iv) in a way that horrifies the human dignity or (v) to protect their family's honour, is guilty of murder in the first degree, a felony. An individual convicted of murder in the first degree shall be sentenced to no more than life imprisonment and the forfeiture of all personal assets.
  3. Whoever causes the death of another person (i) through a direct and deliberate action, or by operating a motor vehicle (ii) with a blood alcohol content over 0.05%, (iii) as part of an unsanctioned street race, (iv) twenty (20) kilometres per hour (km/h) above the posted speed limit, or (v) after failing to halt under the orders of a duly-sworn law enforcement officer, is guilty of voluntary manslaughter, a felony. An individual convicted of voluntary manslaughter shall be sentenced to no more than twenty (20) years' imprisonment.
  4. Whoever without legal right causes the death of another person through an act of serious or unjustifiable negligence or recklessness is guilty of involuntary manslaughter, a felony. An individual convicted of involuntary manslaughter shall be sentenced to no more than ten (10) years' imprisonment.
  5. An individual accused of homicide shall not be convicted if it can be demonstrated to a reasonable threshold that the homicide was committed as a last resort in the defence of oneself or another person from imminent deadly harm and that reasonable attempts at de-escalation had been exhausted.

§2 - Assault

  1. Whoever assails another person without their affirmative consent, or that of their legal guardian's for youth under fourteen (14) years of age, is guilty of assault, a misdemeanour. An individual convicted of assault shall be sentenced to no more than six (6) months' imprisonment and a fine equivalent to 80% of monthly income.
  2. Whoever assails another person (i) who is an official on the pay of, or otherwise in the service of, the federal government of Elizia while performing official duties, (ii) resulting in severe injury to one or more persons, (iii) with a bladed weapon, firearm or explosive weapon, or (iv) through the operation of a motor vehicle, is guilty of aggravated assault, a felony. An individual convicted of aggravated assault shall be sentenced to no more than five (5) years' imprisonment.

§3 - Public order offences

  1. Whoever incites, encourages or participates in a public gathering of three (3) or more persons for a criminal purpose is guilty of violent assembly, a misdemeanour. An individual convicted of violent assembly shall be sentenced to no more than six (6) months' imprisonment and a fine equivalent to 100% of monthly income.
  2. Whoever (i) fails to follow a lawful police instruction to disperse or to engage in some other proactive action for the purpose of the maintenance of public order, or (ii) causes a disturbance in a public area that upsets peace and order, is guilty of disorderly conduct, a misdemeanour. An individual convicted of disorderly conduct shall be sentenced to no more than eight (8) weeks' imprisonment and a fine equivalent to 50% of monthly income.
  3. Whoever employs severe criminal violence in an attempt to bring about political, social or cultural change is guilty of terrorism, a felony. An individual convicted of terrorism shall be sentenced to no more than twenty (20) years' imprisonment.
  4. Whoever threatens the use of severe criminal violence in an attempt to bring about political, social or cultural change is guilty of uttering terrorist threats, a felony. An individual convicted of terrorism shall be sentenced to no more than five (5) years' imprisonment and an indefinite ban on international travel and Internet communication.
  5. Whoever (i) leaves the Federation of Elizia to join a terrorist organisation as determined by the Foreign Ministry or equivalent, (ii) gives material support to individuals engaged in terrorism, or (iii) attempts to recruit Elizian nationals to a terrorist organisation, is guilty of terrorist propagandising, a felony. An individual convicted of terrorist propagandising shall be sentenced to no more than ten (10) years' imprisonment and an indefinite ban on international travel and Internet communication.

§4 - Sexual assault

  1. Whoever engages in sexual contact with an individual without their affirmative consent is guilty of sexual assault, a felony. An individual convicted of sexual assault shall be sentenced to no more than ten (10) years' imprisonment.
  2. Whoever commits the act of sexual assault (i) while uttering or demonstrating threats, (ii) while employing a weapon of any kind, (iii) resulting in severe physical injury, or (iv) threatens the life of the victim, is guilty of aggravated sexual assault, a felony. An individual convicted of aggravated sexual assault shall be sentenced to no more than fifteen (15) years' imprisonment and the forfeiture of all personal assets.
  3. Whoever (i) persistently or deliberately touches the sexual organs of another person without their affirmative consent, (ii) goads an unwilling individual into having sexual contact through threats or improper rewards, (iii) indecently exposes themselves in a coercive or intimidating manner, (iv) engages in sexual verbal harassment that creates discomfort, fear or anxiety in the target, (v) attempts to recruit another person into prostitution, (vi) employs the services of a prostitute or (vii) engages in harassing or intimidating behaviour of any sort that creates severe and present discomfort, fear or anxiety in the target, is guilty of sexual harassment, a misdemeanour on the first offence and a felony for repeat or severe offences. An individual convicted of misdemeanour sexual harassment shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income. An individual convicted of felony sexual harassment shall be sentenced to no more than five (5) years' imprisonment and a fine of US$2,000.
  4. Whoever (i) engages in sexual contact or touching with an individual under the age of fourteen (14), (ii) coerces, or attempts to coerce, the indecent exposure of an individual under the age of eighteen (18), (iii) displays pornographic and obscene materials to an individual under the age of fourteen (14), or (iv) records, photographs or distributes the indecent exposure of an individual under the age of eighteen (18) for the purpose of producing pornographic or explicit materials, is guilty of child molestation, a felony. An individual convicted of child molestation shall be sentenced to no more than twenty (20) years' imprisonment and the forfeiture of all personal assets.
  5. Whoever is in the possession of, or otherwise takes affirmative steps to acquire, indecent and explicit materials featuring persons under the age of eighteen (18) is guilty of possession of child pornography, a felony. An individual convicted of possession of child pornography shall be sentenced to no more than five (5) years' imprisonment.
  6. Whoever inflicts (i) physical violence for the purpose of intimidation or compliance - and threats thereof, (ii) severe psychological harm, (iii) sexual abuse - and threats thereof, or (iv) coerced labour in a form that is inconsistent with the values of a democratic society, is guilty of domestic abuse, a felony. An individual convicted of domestic abuse shall be sentenced to no more than five (5) years' imprisonment and a fine of US$2,000.
  7. Whoever transports a person without their informed and affirmative consent for the purposes of sexual exploitation is guilty of sex trafficking, a felony. An individual convicted of sex trafficking shall be sentenced to no more than life imprisonment.


§5 - Intimidation and harassment

  1. Whoever threatens to cause unlawful bodily harm to another person or harm the lawful property thereof in a manner that would cause a reasonable bystander alarm is guilty of uttering threats, a misdemeanour. An individual convicted of uttering threats shall be sentenced to no more than twelve (12) months' imprisonment and a fine equivalent to 200% of monthly income.
  2. Whoever engages in repeated actions that cause another person to have a reasonable and present fear for their safety or comfort is guilty of harassment, a misdemeanour. An individual convicted of harassment shall be sentenced to no more than six (6) months' imprisonment and a fine equivalent to 100% of monthly income.
  3. Whoever brings baseless legal action against another individual for the purpose of silencing, harassing or threatening them is guilty of barratry, a misdemeanour. An individual convicted of barratry shall be sentenced to no more than four (4) months' imprisonment and a $1,500 fine and shall be permanently prohibited from bringing legal action against any individual or organisation without the approval of the Attorney-General of Elizia.

§6 - Crimes against humanity

  1. Whoever engages in actions proscribed by (i) Articles 6 and 7 of the Rome Statute of the International Criminal Court, (ii) the Convention on the Prevention and Punishment of the Crime of Genocide, or (iii) the text and precedents of Principle VI, section c of the Nuremberg trials, is guilty of crimes against humanity, a felony. An individual convicted of crimes against humanity shall be sentenced to no more, and no less, than life imprisonment and the forfeiture of all personal assets.
  2. Whoever engages in actions proscribed by (i) Article 8 of the Rome Statute of the International Court, or (ii) the Geneva Conventions and all protocols thereof, is guilty of war crimes, a felony. An individual convicted of war crimes shall be sentenced to no more than life imprisonment and the forfeiture of all personal assets.
  3. Whoever engages in, or attempts, an unlawful seizure of an oceangoing ship, its compartment or its cargo is guilty of maritime piracy, a felony. An individual convicted of maritime piracy shall be sentenced to no more than thirty (30) years' imprisonment.
  4. Whoever unlawfully forces another individual to perform coerced labour in their service is guilty of slavery, a felony. An individual convicted of slavery shall be sentenced to no more than life imprisonment.

§7 - Endangerment

  1. Whoever creates a real and present risk of severe bodily harm through an act of serious or unjustifiable negligence or recklessness is guilty of reckless endangerment, a misdemeanour. An individual convicted of reckless endangerment shall be sentenced to no more than six (6) months' imprisonment and a fine equivalent to 80% of monthly income.
  2. Whoever operates a place of employment (i) in violation of any applicable national health and safety legislation or (b) where conditions are so dangerous as to constitute reckless endangerment, is guilty of operating an unsafe enterprise, a misdemeanour. An individual convicted of operating an unsafe enterprise shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 300% of monthly income.
  3. Whoever operates a motor vehicle with a blood alcohol level over 0.05% is guilty of driving while intoxicated, a felony. An individual convicted of driving while intoxicated shall be sentenced to no more than five (5) years' imprisonment.

§8 - Character assassination

  1. Whoever defames the good name of an Elizian national in a demonstrably false and malicious manner is guilty of slander, a misdemeanour. An individual convicted of slander shall be sentenced to no more than four (4) months' imprisonment and a $200 fine.
  2. Whoever (i) engages in public speech and writing for the purpose of inciting hatred against or dehumanising any identifiable racial, ethnic, religious and socio-economic group, (ii) distributes such materials, or (iii) holds membership in an organisation advocating for the purpose of inciting hatred against or dehumanising any identifiable racial, ethnic, religious and socio-economic group, is guilty of inciting hatred, a misdemeanour. An individual convicted of inciting hatred shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.

§9 - Cruelties against hominids

  1. Whoever (i) inflicts barbaric, cruel or inhumane afflictions upon another human being, (ii) uses individuals that have not given their affirmative consent as test subjects for potentially dangerous experiments, or (iii) deceives participants in an experiment of the rewards, implications or outcomes thereof, is guilty of human experimentation, a felony. An individual convicted of human experimentation shall be sentenced to no more than five (5) years' imprisonment and a $1,000 fine.
  2. Whoever engages in reproductive human cloning is guilty of human cloning, a felony. An individual convicted of human cloning shall be sentenced to no more than seven years' imprisonment.
  3. Whoever (i) kills an orangutan for reason other than self-defence after demonstrating that all reasonable attempts at de-escalation had failed, (ii) engages in unlawful logging and clear-cutting within the range of an orangutan species, or (iii) confines an orangutan as a pet or in a zoo without federal charter, is guilty of great ape abuse, a felony. An individual convicted of great ape abuse shall be sentenced to no more than ten (10) years' imprisonment.

§10 - Confinement

  1. Whoever (i) unlawfully abducts another person without their informed consent by recourse to violence, threats or fraudulent misrepresentation, or (ii) abducts a youth subject to legal custody or juvenile justice proceedings, is guilty of kidnapping, a felony. An individual convicted of kidnapping shall be sentenced to no more than twenty (20) years' imprisonment.
  2. Whoever unlawfully confines another person against their consent in a manner that is inconsistent with the values of a democratic society is guilty of involuntary confinement, a felony. An individual convicted of involuntary confinement shall be sentenced to no more than fifteen (15) years' imprisonment.
  3. Whoever unlawfully confines or restricts the movement of another person through violence or the threat thereof in order to compel a third party to comply with a demand or grievance is guilty of hostage-taking, a felony. An individual convicted of hostage-taking shall be sentenced to no more than fifteen (15) years' imprisonment.

CHAPTER II - CRIMES AGAINST PROPERTY


§11 - Theft and robbery

  1. Whoever unlawfully takes, converts or appropriates the property of another person with the intent to deprive them of its full utility is guilty of theft, a misdemeanour when the stolen property is under the value of $1,000 and a felony otherwise. An individual convicted of misdemeanour theft shall be sentenced to no more than two (2) years' imprisonment and a $1,000 fine. An individual convicted of felony theft shall be sentenced to no more than five (5) years' imprisonment.
  2. Whoever commits the act of theft through physical violence or the threat thereof is guilty of robbery, a felony. An individual convicted of robbery shall be sentenced to no more than seven (7) years' imprisonment.
  3. Whoever knowingly possesses property obtained through theft, robbery or other fraudulent or criminal means is guilty of harbouring stolen property, a misdemeanour. An individual convicted of harbouring stolen property shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.

§12 - Trespassing

  1. Whoever unlawfully, unjustifiably and intentionally enters a clearly-demarked area that constitutes (i) the residential property of another, (ii) a school or school yard during class hours, (iii) farmland, (iv) a private cemetary or tomb, (v) a religious shrine, chapel or other structure, (vi) an area where access is restricted to paying individuals, (vii) a construction site, or (viii) a segment of commercial or government property where access is restricted to employees and invited individuals, is guilty of trespassing, a misdemeanour. An individual convicted of trespassing shall be sentenced to no more than three (3) months' imprisonment and a fine equivalent to 50% of monthly income.
  2. Whoever unlawfully intrudes upon (i) the tarmac, hangars or control tower of an airport or aerodrome, (ii) a diplomatic mission possessing extraterritoriality, (iii) any federal or United Nations defence installation, (iv) the Parliament Building, Cabinet Hall or Presidential Residence of Elizia, (v) a rail marshalling yard, or (vi) a federal courthouse, is guilty of intrusion, a felony. An individual convicted of intrusion shall be sentenced to no more than four (4) years' imprisonment.
  3. Whoever unlawfully obtains clandestine access to an electronic device in the ownership of another individual or organisation is guilty of digital trespassing, a misdemeanour. An individual convicted of digital trespassing shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  4. Whoever (i) creates or knowingly distributes computer malware, (ii) engages in the unlawful clandestine takedown of Internet sites or servers, (iii) impersonates a financial services provider or a government body on the Internet for fraudulent purposes, (iv) maliciously causes significant damage to the operations of an electronic device, or (v) engages in an act of digital trespassing against a federal government body, is guilty of computer hacking, a felony. An individual convicted of computer hacking shall be sentenced to no more than four (4) years' imprisonment.

§13 - Fraud and exploitation

  1. Whoever defrauds another person of a tangible item of property or a service through deceptive practices is guilty of fraud, a misdemeanour when the stolen property is under the value of $2,000 and a felony otherwise. An individual convicted of misdemeanour fraud shall be sentenced to no more than two (2) years' imprisonment and a $5,000 fine. An individual convicted of felony fraud shall be sentenced to no more than eight (8) years' imprisonment and forfeiture of all personal assets.
  2. Whoever falsely and maliciously claims to hold the office of (i) aircraft pilot, (ii) representative of a corporation to whom one has no such relations, (iii) private security guard, (iv) solicitor or barrister, or (v) professional educator, is guilty of civil impersonation, a misdemeanour. An individual convicted of civil impersonation shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  3. Whoever publishes in a media platform advertising under the colour of regular content without disclosure of sponsorship is guilty of deceptive advertising, a misdemeanour. An individual convicted of deceptive advertising shall be sentenced to no more than three (3) months' imprisonment and a fine equivalent to 200% of monthly income.
  4. Whoever manufactures any imitation consumer good with the intention to deceptively retail it as an existing trademarked product is guilty of consumer fraud, a misdemeanour. An individual convicted of consumer fraud shall be sentenced to no more than two (2) years' imprisonment and a $3,000 fine.
  5. Whoever manufactures an imitation medical drug with the intention to deceptively retail it as an existing trademarked product is guilty of pharmaceutical fraud, a felony. An individual convicted of computer hacking shall be sentenced to no more than eight (8) years' imprisonment.
  6. Whoever knowingly retails any imitation good in a manner deceptive to consumers is guilty of retail fraud, a misdemeanour. An individual convicted of consumer fraud shall be sentenced to no more than twelve (12) months' imprisonment and a fine equivalent to 100% of monthly income.
  7. Whoever unlawfully takes, releases, publishes, discloses or otherwise comprises the integrity of a trade secret of an Elizian company is guilty of corporate espionage, a felony. An individual convicted of corporate espionage shall be sentenced to no more than five (5) years' imprisonment.

§14 - Extortion

  1. Whoever engages in the act of uttering threats for the purpose of tangible gain in the present or future is guilty of extortion, a felony. An individual convicted of extortion shall be sentenced to no more than ten (10) years' imprisonment.
  2. Whoever maliciously and unjustifiably increases the price of a good or service essential to quality of life in an attempt to profit from a disaster is guilty of price gouging, a felony. An individual convicted of price gouging shall be sentenced to no more than four (4) years' imprisonment.
  3. Whoever operates a for-profit loan service (i) outside of the Federal Reserve Banking System, (ii) employing unlawful methods of compelling repayment, (iii) maliciously preying upon gamblers and debtors, or (iv) with an annual rate of interest superior to 60%, is guilty of usury, a felony. An individual convicted of usury shall be sentenced to no more than five (5) years' imprisonment.

§15 - Indignity to public morals

  1. Whoever intently destroys or damages property that is not their own is guilty of vandalism, a misdemeanour. An individual convicted of vandalism shall be sentenced to no more than three (3) months' imprisonment and a $100 fine.
  2. Whoever sets fire to private or public property where the owner has granted no such permission is guilty of arson, a felony. An individual convicted of arson shall be sentenced to no more than five (5) years' imprisonment.
  3. Whoever exposes their genitals in a public setting other than a bath or adult-only beach is guilty of public exposure, a misdemeanour. An individual convicted of public exposure shall be sentenced to no more than eight (8) weeks' imprisonment and a fine equivalent to 30% of monthly income.
  4. Whoever publishes materials in a public area that (i) causes great distress and offence to a reasonable person, (ii) depicts obcenities that would shock and alarm the reasonable viewer, or (iii) defames a religion, community or identifiable group, is guilty of obscene libel, a misdemeanour. An individual convicted of obscene libel shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.

§16 - Animal abuse

  1. Whoever causes unnecessary harm, injury or suffering to a mammal through neglect, abuse or violence is guilty of misdemeanour animal abuse. An individual convicted of misdemeanour animal abuse shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  2. Whoever (i) facilitates, promotes, records, spectates or participates in an animal fighting event, (ii) destroys an animal in a cruel and inhumane manner, or (iii) inflicts suffering upon a canine or primate for experimentation, is guilty of felony animal abuse. An individual convicted of felony animal abuse shall be sentenced to no more than four (4) years' imprisonment.
  3. Whoever unlawfully kills an animal deemed protected by the Cabinet of Elizia is guilty of poaching, a felony. An individual convicted of poaching shall be sentenced to no more than fifteen (15) years' imprisonment.
  4. Whoever imports, distributes, retails or knowingly purchases (i) elephant or rhinoceros ivory, (ii) products made from endangered species of sharks, or (iii) the furs of animals whose hunting is restricted under international regulations, is guilty of facilitating poaching, a felony. An individual convicted of fauna destruction shall be sentenced to no more than ten (10) years' imprisonment.
  5. Whoever deliberately feeds wildlife unaccustomed to human presence is guilty of feeding wildlife, a misdemeanour. An individual convicted of feeding wildlife shall be sentenced to no more than two (2) months' imprisonment and a $50 fine.

CHAPTER III - CRIMES AGAINST THE PEACE AND DIGNITY OF THE STATE


§17 - Narcotics

  1. Whoever knowingly possesses a personal-use quantity of a proscribed drug is guilty of misdemeanour narcotics possession. An individual convicted of misdemeanour narcotics possession shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  2. Whoever knowingly possesses a large quantity of a proscribed drug is guilty of felony narcotics possession. An individual convicted of felony narcotics possession shall be sentenced to no more than ten (10) years' imprisonment.
  3. Whoever distributes, retails or solicits a proscribed drug outside of official channels is guilty of narcotics retail, a felony. An individual convicted of narcotics retail shall be sentenced to no more than fifteen (15) years' imprisonment.
  4. Whoever smuggles proscribed drugs into the Federation of Elizia is guilty of narcotics smuggling, a felony. An individual convicted of narcotics retail shall be sentenced to no more than fifteen (15) years' imprisonment.
  5. Whoever knowingly and unlawfully participates in the manufacturing or production of a proscribed drug is guilty of narcotics production, a felony. An individual convicted of narcotics production shall be sentenced to no more than ten (10) years' imprisonment.
  6. Whoever retails alcohol to individuals under the age of eighteen (18) is guilty of youth alcohol retail, a misdemeanour. An individual convicted of youth alcohol retail shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  7. Whoever (i) retails or gives tobacco products to an individual under the age of eighteen (18), (ii) operates an automated concession device that retails cigarettes or other tobacco paraphernalia, (iii) retails individual cigarettes or cigarettes in improperly-packaged containers, or (iv) fails to demonstrate a serious attempt to hide tobacco from public retail display, is guilty of unlawful retail of tobacco paraphernalia, a misdemeanour. An individual convicted of unlawful retail of tobacco paraphernalia shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  8. Whoever is the owner of a facility where a tobacco ban is present and fails to prevent occupants from smoking is guilty of failure to prevent public smoking, a misdemeanour. An individual convicted of failure to prevent public smoking shall be sentenced to no more than twelve (12) months' imprisonment and a fine equivalent to 150% of monthly income.
  9. Whoever (i) possesses membership in, or (ii) is in the criminal employment of, a drug cartel is guilty of drug trafficking, a felony. An individual convicted of drug trafficking shall be sentenced to no more than life imprisonment.

§18 - Subversion

  1. Whoever (i) leads, participates in, solicits or plots an armed insurrection or attack against the democratic and constitutional government and institutions of Elizia, or (ii) conspires with foreign powers which are in a declared state of war with Elizia, is guilty of treason, a felony. An individual convicted of treason shall be sentenced to life in prison without possibility of parole. The authority to pardon a convicted traitor lies exclusively with the Parliament of Elizia, which may do so by a two-thirds vote.
  2. Whoever joins the federal civil service (i) for the purpose of obtaining access to classified information and state secrets, or (ii) while under the clandestine employment of a foreign power, is guilty of espionage, a felony. An individual convicted of espionage shall be sentenced to no more than twenty-five (25) years' imprisonment.
  3. Whoever unlawfully discloses, releases or publishes information in the possession of the federal government deemed sensitive or classified at the time of the disclosure is guilty of compromising state secrets, a felony. An individual convicted of compromising state secrets shall be sentenced to no more than ten (10) years' imprisonment.
  4. Whoever is an alien and (i) misleads a border control officer as to the nature of their stay in the Federation of Elizia, (ii) obtains an Elizian visa upon false pretenses, or (iii) unlawfully enters the territory of Elizia, is guilty of immigration upon false pretenses, a summary offence. An individual convicted of immigration upon false pretenses shall be sentenced to immediate expulsion from Elizia.

§19 - Crimes against justice

  1. Whoever (i) hinders or obstructs the legitimate work of an on-duty judge, indigenous arbitrator or municipal mediator, (ii) refuses to obey or implement a binding injunction, subpoena or judicial order from a court of law, (iii) discloses placed by the court under a publication ban or temporary seal, or (iv) misrepresents oneself before an official of the law, is guilty of obstruction of justice, a misdemeanour. An individual convicted of obstruction of justice shall be sentenced to no more than four (4) weeks' imprisonment and a fine equivalent to 30% of monthly income.
  2. Whoever (i) acts in a disrespectful, undignified, obscene or rude manner to officials of the court during judicial proceedings, (ii) knowingly violates the rules of the court in an egregious or contemptuous fashion, or (iii) operates a recording or photographic device in a courtroom without the prior consent of the presiding judge, is guilty of contempt of court, a misdemeanour. An individual convicted of contempt of court shall be sentenced to no more than a fine equivalent to 50% of monthly income.
  3. Whoever (i) threatens a plaintiff, defendant, witness, law enforcement officer, police auxiliary, indigenous arbitrator, municipal mediator, official of the court or the loved ones of the aforementioned persons, (ii) engages in physical violence or extortion against one of the persons enumerated in sub-section i, (iii) perjures oneself under oath or affirmation before a court of law, (iv) incites or encourages a person under oath or affirmation to commit perjury, (v) destroys, obfuscates or deliberately misrepresents evidence in a criminal investigation, or (vi) bribes, or attempts to bribe, a judicial official, is guilty of perverting the course of justice, a felony. An individual convicted of perverting the course of justice shall be sentenced to no more than five (5) years' imprisonment.

§20 - Assassination

  1. Whoever engages in malicious actions resulting in the death, or intended to bring about the outcome of the death, of (i) the President of the Elizian Federation, (ii) the Vice-President of the Elizian Federation, (iii) the Chief Justice of the Supreme Court of Elizia, (iv) the Speaker of the Elizian Parliament, or (v) an agent of the United Nations mission, is guilty of assassination, a felony. An individual convicted of assassination shall be sentenced to no more than life imprisonment and the forfeiture of all personal assets.
  2. Whoever kills a duly-empowered law enforcement officer who is on duty and exercising legal powers is guilty of murder in the first degree, notwithstanding the previous definition.

§21 - Tax evasion

  1. Whoever deceptively, fraudulently misleadingly or falsely completes compulsory tax filings for personal benefit is guilty of revenue deception, a misdemeanour. An individual convicted of revenue deception shall be sentenced to no more than twelve (12) months' imprisonment and a fine or forfeiture equivalent to 20% of owed taxes.
  2. Whoever fails to complete compulsory tax filings to an acceptable standard is guilty of failure to report taxes, a summary offence. An individual convicted of failure to report taxes shall be sentenced to the repayment of the owed taxes in addition to a 10% punitive surcharge.
  3. Whoever fails to pay all owed taxes to a duly-empowered government body by a preset deadline is guilty of failure to pay taxes, a summary offence. An individual convicted of failure to pay taxes shall be sentenced to the repayment of the owed taxes in addition to a 10% to 40% punitive surcharge.
  4. Whoever is convicted of failure to pay taxes or failure to report taxes and fails to pay the owed taxes and the punitive surcharge is guilty of tax fraud, a misdemeanour. An individual convicted of tax fraud shall be sentenced to no more than twelve (12) months' imprisonment, the repayment of all owed taxes and fines, and a fine or forfeiture equivalent to 50% of owed taxes.
  5. Whoever falsifies, hides or destroys corporate, financial or banking records of any kind in order to (i) mislead the revenue service, (ii) fraudulently reduce the quantity of taxes owed, or (iii) obstruct a criminal investigation, is guilty of revenue tampering, a felony. An individual convicted of revenue tampering shall be sentenced to no more than three (3) years' imprisonment and a $3,000 fine.

§22 - Obstruction of a government officer

  1. Whoever maliciously prevents a federal civil servant from performing their legal responsibilities is guilty of obstruction of a state official, a misdemeanour. An individual convicted of obstruction of a state official shall be sentenced to no more than twelve (12) months' imprisonment and a fine equivalent to 50% of monthly income.
  2. Whoever maliciously prevents a law enforcement officer or police auxiliary from performing their legal duties, by means including but not limited to (i) failing to cede right-of-way to a police vehicle with activated sirens, (ii) interfering with a police investigation or pursuit, (iii) assisting in the concealment of a fugitive, and (iv) placing frivolous emergency calls, is guilty of obstruction of the police, a misdemeanour. An individual convicted of obstruction of the police shall be sentenced to no more than sixteen (16) months' imprisonment and a fine equivalent to 75% of monthly income.
  3. Whoever fails to comply with an order by the Home Secretary to evacuate from a location at imminent and present risk of disaster is guilty of obstruction of an evacuation, a misdemeanour. An individual convicted of obstruction of an evacuation shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  4. Whoever is in the employ of a government body in Elizia and fails to adequate perform their responsibilities due to malice, incompetence or gross negligence is guilty of dereliction of duty, a misdemeanour. An individual convicted of obstruction of an evacuation shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.

§23 - Fraud against the state

  1. Whoever (i) through deceptive or fraudulent means obtains a government procurement contract, (ii) deliberately obtains such a contract without the capabilities or means to bring it to a successful fulfillment, or (iii) conspires to subvert the fairness or integrity of the procurement bidding system, is guilty of procurement fraud, a felony. An individual convicted of procurement fraud shall be sentenced to no more than five (5) years' imprisonment and a $7,500 fine.
  2. Whoever enters a marriage with a person while remaining in a civil state of marriage with a second, different person is guilty of bigamy, a misdemeanour. An individual convicted of bigamy shall be sentenced to no more than two (2) years' imprisonment and the annulment of the illicit marriage.
  3. Whoever unlawfully and maliciously reproduces or imitates the look and feel of the Elizian bulat, a government bond or any other instrument of legal tender is guilty of counterfeiting, a felony. An individual convicted of counterfeiting shall be sentenced to no more than fifteen (15) years' imprisonment.
  4. Whoever is entrusted with tangible property by the federal government and maliciously deprives the government of it, in full or in part, is guilty of embezzlement, a felony. An individual convicted of embezzlement shall be sentenced to no more than eight (8) years' imprisonment.
  5. Whoever offers an official of a government body, or a proxy thereof, tangible payment in exchange for an unfair use of official powers is guilty of bribery, a felony. An individual convicted of bribery shall be sentenced to no more than five (5) years' imprisonment and a fine equivalent to 200% of monthly income.
  6. Whoever is in a position of power and unlawfully accepts tangible payment in any form in exchange for an unfair use of official powers is guilty of accepting bribes, a felony. An individual convicted of bribery shall be sentenced to no more than fifteen (15) years' imprisonment and a fine or forfeiture equivalent to three times the monetary value of the bribe.
  7. Whoever subverts the activities or integrity of the Judicial Appointments Commission, Federal Employment Commission or Federal Employment Ethics Board is guilty of civil service fraud, a felony. An individual convicted of civil service fraud shall be sentenced to no more than ten (10) years' imprisonment.
  8. Whoever (i) interferes with the fairness or integrity of a government election, or (ii) engages in unlawful electoral activity, is guilty of electoral fraud, a felony. An individual convicted of electoral fraud shall be sentenced to no more than ten (10) years' imprisonment.
  9. Whoever is a member of Parliament and fails to disclose and rectify all conflicts of interest and prohibited behaviour within the prescribed period of time is guilty of parliamentary corruption, a felony. An individual convicted of parliamentary corruption shall be sentenced to no more than five (5) years' imprisonment.

§24 - Misrepresentation

  1. Whoever falsely and maliciously claims to hold the office of (i) law enforcement officer, (ii) military serviceperson, (iii) civil servant, (iv) cabinet minister, or (v) member of the Elizian Parliament, is guilty of government impersonation, a felony. An individual convicted of government impersonation shall be sentenced to no more than four (4) years' imprisonment.
  2. Whoever falsely claims to be the recipient of an award established by the Parliament of Elizia is guilty of subverting valour, a misdemeanour. An individual convicted of subverting valour shall be sentenced to no more than twelve (12) months' imprisonment and a fine equivalent to 50% of monthly income.
  3. Whoever is in full knowledge of the occurrence of a felony and fails to report the act to law enforcement is guilty of misprision, a misdemeanour. An individual convicted of misprision shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  4. Whoever (i) is in possession of a false passport with the intention to deceive authorities, (ii) is involved in the counterfeiting of Elizian passports, (iii) applies fraudulent stamps or visas to a passport, (iv) unlawfully alters the contents and design of a passport, or (v) tampers with the security measures or biometric identification of a passport, is guilty of passport fraud, a felony. An individual convicted of passport fraud shall be sentenced to no more than seven (7) years' imprisonment.
  5. Whoever (i) is in possession of a false identification document with the intention to deceive authorities, (ii) is involved in the counterfeiting of an Elizian national identity card, driver's license or other official ID, (iii) unlawfully alters the contents and design of an Elizian identity document, or (iv) tampers with the security measures of an identity document, is guilty of identification fraud, a felony. An individual convicted of passport fraud shall be sentenced to no more than four (4) years' imprisonment.
  6. Whoever (i) creates a false deed or contract, or (ii) forges the signature or seal of a notary public, is guilty of deed fraud, a misdemeanour. An individual convicted of deed fraud shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  7. Whoever (i) falsely claims to a government agent or accredited bank to be another person, (ii) accesses the financial accounts of another person without their affirmative consent, or (iii) uses the credit of another person without their affirmative consent, is guilty of identity fraud, a felony. An individual convicted of identity fraud shall be sentenced to no more than five (5) years' imprisonment.

§25 - Weapon possession

  1. Whoever is in the possession of a proscribed weapon is guilty of ownership of a proscribed weapon, a felony. An individual convicted of ownership of a proscribed weapon shall be sentenced to no more than eight (8) years' imprisonment.
  2. Whoever deliberately modifies a firearm to meet the definition of a proscribed weapon is guilty of weapon tampering, a felony. An individual convicted of weapon tampering shall be sentenced to no more than ten (10) years' imprisonment.
  3. Whoever possesses a firearm without a license to their name from the local police commissioner is guilty of unlicensed firearms possession, a misdemeanour. An individual convicted of unlicensed firearms possession shall be sentenced to no more than two (2) years' imprisonment and a fine equivalent to 200% of monthly income.
  4. Whoever retails a firearm to another person without reviewing their license is guilty of negligent retail of firearms, a felony. An individual convicted of negligent retail of firearms shall be sentenced to no more than seven (7) years' imprisonment.
  5. Whoever carries an unsecured firearm on their person or transports such a weapon is guilty of unsafe firearms transportation, a misdemeanour. An individual convicted of unsafe firearms transportation shall be sentenced to no more than sixteen (16) months' imprisonment and a fine equivalent to 50% of monthly income.
  6. Whoever stores an unsecured firearm in their domicile is guilty of unsafe firearms storage, a misdemeanour. An individual convicted of unsafe firearms storage shall be sentenced to no more than twelve (12) months' imprisonment and a fine equivalent to 30% of monthly income.
  7. Whoever unlawfully carries (i) a spring- or gravity-opened bladed weapon, (ii) a butterfly-type knife, (iii) a miniature dagger concealable within a fist, (iv) a bladed ring, (v) brass knuckles, or (vi) a telescoping knife, is guilty of possession of a bladed weapon, a felony. An individual convicted of possession of a bladed weapon shall be sentenced to no more than five (5) years' imprisonment.
  8. Whoever unlawfully imports firearms into the territory of the Elizian Federation is guilty of arms smuggling, a felony. An individual convicted of arms smuggling shall be sentenced to no more than fifteen (15) years' imprisonment.
  9. Whoever possesses any device with the intent of perpetuating a terrorist act is guilty of possession of a weapon of mass destruction, a felony. An individual convicted of possession of a weapon of mass destruction shall be sentenced to no more than ten (10) years' imprisonment.

CHAPTER IV - INCHOATE OFFENCES


§26 - Conspiracy

    Whoever plots to commit a criminal offence and undertakes an overt act towards that purpose is guilty of conspiracy to commit x crime. An individual convicted of conspiracy shall be sentenced to no more than the maximum sentence of the offence in question. The failure to carry out the offence shall be considered by the court as a mitigating factor.

§27 - Attempt

    Whoever attempts, but fails, to commit a criminal offence is guilty of attempt to commit x crime. An individual convicted of attempt shall be sentenced to no more than the maximum sentence of the offence in question.

§28 - Criminal enterprise

    Whoever participates in a successful conspiracy to commit a crime is guilty of criminal enterprise in x crime, notwithstanding their direct involvement in the offence. An individual convicted of criminal enterprise shall be sentenced to no more than the maximum sentence of the offence in question.

CHAPTER V - ENTRY INTO FORCE


§29 - Reservations

  1. The Elizian Federation claims universal jurisdiction over Sections 6 and 15 of this Act. Any individual may be prosecuted for infractions of the aforementioned sections wherever in the known universe they occurred.
  2. The Elizian Federation reserves the right to retroactively prosecute any occurrence of a Section 6 offence since 1 October 1946 (1946-10-01), the day of the conclusion of the Nuremberg trials, pursuant to the jus covens exemption under Article XXVI of the Declaration of the Rights of Elizian Citizens, Residents and Non-Resident Aliens.
  3. Only actual persons shall be charged under this Act. This Act shall not be held to apply to corporations, organisations, the state or any other fictitious legal person.
  4. The age of criminal responsibility is fourteen (14). Consequently, no person under the age of fourteen shall be tried under this Act. No person under the age of eighteen (18) shall be sentenced under this Act.
  5. The trial judge shall not levy a fine or forfeiture upon a convicted criminal that (i) cannot reasonably be paid, or (ii) would result in unacceptable living conditions for the criminal or their family. In lieu of a monetary fine, the court may impose up to sixty (60) hours of police-supervised community service.
  6. The Parliament of Elizia shall have the authority to pardon any individual convicted of a felony, other than murder in the first degree, murder in the second degree and treason, by a majority vote.

§30 - Definitions

  1. "Personal assets" shall be defined as property, both tangible and intangible, exclusively held in the name of one person. It shall not include assets held by a corporation or other organisation or assets held in the name of several individuals, the individual's family or offspring, or held in escrow by a financial services purveyor.
  2. "Unlawfully" shall be defined as in a manner not explicitly permitted by a statute of the Elizian Parliament or other appropriate legislative authority.
  3. "Affirmative consent" shall be defined as the explicit consent given by an individual over the age of fourteen (14) in full control of their mental facilities and apprehensive of the results thereof.
  4. "Automatic weapon" shall be defined as any firearm where one pull of the trigger results in the discharge of two or more rounds of ammunition.
  5. "High capacity weapon" shall be defined as any firearm that is equipped to hold more than thirty (30) rounds of ammunition, or equivalent.
  6. "Explosive weapon" shall be defined as any device used to effect an explosive blast.
  7. "Concealed weapon" shall be defined as any firearm with a barrel length under forty-five (45) centimetres.
  8. "Inhumane weapon" shall be defined as any weapon chambered in ammunition (i) that expands or fragments upon contact, (ii) that is incendiary or explosive, or (iii) whose width exceeds ten (10) milimetres -- that is, ~0.40 calibre.
  9. "Proscribed weapon" shall be defined as all automatic, high capacity, explosive, concealed and inhumane weapons.
  10. "Unsecured firearm" shall be defined as any firearm not kept under lock and key in a case made for the purpose of storage and transport.
  11. Repealed
  12. "Trade secret" shall be defined by future legislation. In the absence of such legislation, any such references are legally void.
  13. "Alien" shall be defined as any person that does not hold the citizenship of Elizia.
  14. For parole purposes, life imprisonment shall be considered equivalent to a prison term of fifty (50) years.
  15. For the purposes of this Act, Elizian nationality expires upon death.
  16. For the purposes of this Act, "life" begins at the moment that an infant takes their first breath and "death" occurs at the irreversible cessation of all brain function. This Act makes no judgement upon the legality of abortion.
  17. "Drug cartel" shall be defined as any organised group that does business in the unlawful production, refinement, retail, distribution or transport of proscribed drugs.

§31 - Amendments

  1. Section 1 of the Obstruction of Justice Act is hereby repealed and struck from the records.
  2. Chapters I, II and III of the Deterring and Prohibiting Corruption Act are hereby repealed and struck from the records.
  3. Sections 1.3, 1.4 and 1.5 of Chapter IV of the Deterring and Prohibiting Corruption Act are hereby repealed and struck from the records.
  4. Sections 4a to 4c of the Tobacco Use Reduction Act are hereby repealed and struck from the records.
  5. The Elizian Anti-Corruption Agency is hereby re-organised as a subsidiary agency of the Criminal Law Division of the Department of Justice.
  6. Article V of Part II of the Constitution shall be revised to remove all references to the Supreme Court of Elizia.
  7. Section 1, Article VII of Part IV of the Constitution, shall be revised to read: "Two types of crimes shall be provided for, misdemeanours and felonies. Any criminal offence with a maximum sentence superior to two years' imprisonment and an indeterminate monetary fine shall be considered a felony."

§32 - Entry into force

  1. This act is valid wherever the jurisdictional arbitrage of Elizian courts apply, except when otherwise specified.
  2. This act shall come into effect upon the moment of its assent by the respective authority.
  3. Section 25 ("weapons possession") of this Act shall come into effect on 15 September 2016.




Addendum I: Single Convention on Narcotic Drugs

  1. The Parliament of Elizia hereby ratifies the Single Convention on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
  2. The President of Elizia shall, without unreasonable delay, sign the aforementioned treaties.
  3. The Foreign Secretary shall, without unreasonable delay, inform the Secretary-General of the United Nations of the Federation of Elizia's accession to the aforementioned treaties.

Addendum II: Proscribed narcotics

  1. The following substances, as defined by Schedules I and II of the Single Convention on Narcotic Drugs, are hereby deemed proscribed drugs within the Federation of Elizia:
    1. Acetorphine,
    2. Acetylmethadol,
    3. Alfentanil,
    4. AH-7921,
    5. Allylprodine,
    6. Alphacetylmethadol,
    7. Alphameprodine,
    8. Alphamethadol,
    9. Alphaprodine,
    10. Anileridine,
    11. Benzethidine,
    12. Benzylmorphine,
    13. Betacetylmethadol
    14. Betameprodine
    15. Betamethadol
    16. Betaprodine
    17. Bezitramide,
    18. Cannabis -- and any intoxicating derivative or extract thereof,
    19. Clonitazene
    20. Coca leaf -- and any intoxicating derivative or extract thereof, especially cocaine,
    21. Codoxime,
    22. Desomorphine,
    23. Dextromoramide,
    24. Diampromide,
    25. Diethylthiambutene,
    26. Difenoxin,
    27. Dihydroetorphine,
    28. Dihydromorphine,
    29. Dimenoxadol,
    30. Dimepheptanol,
    31. Dimethylthiambutene,
    32. Dioxaphetyl butyrate,
    33. Diphenoxylate,
    34. Dipipanone,
    35. Drotebanol,
    36. Ecgonine,
    37. Ethylmethylthiambutene,
    38. Etonitazene,
    39. Etorphine,
    40. Etoxeridine,
    41. Fentanyl,
    42. Furethidine,
    43. Heroin,
    44. Hydrocodone,
    45. Hydromorphinol,
    46. Hydromorphone,
    47. Hydroxypethidine,
    48. Isomethadone,
    49. Ketobemidone,
    50. Levomethorphan,
    51. Levomoramide,
    52. Levophenacylmorphan,
    53. Levorphanol,
    54. Metazocine,
    55. Methadone -- and any intoxicating derivative thereof,
    56. Methyldesorphine,
    57. Methyldihydromorphine,
    58. Methylfentanyl,
    59. Methylthiofentanyl,
    60. Metopon,
    61. Moramide,
    62. Morpheridine,
    63. Morphine -- and any intoxicating derivative or compound thereof,
    64. MPPP,
    65. Myrophine,
    66. Nicomorphine,
    67. Noracymethadol,
    68. Norlevorphanol,
    69. Normethadone,
    70. Norpipanone,
    71. Opium poppies -- and any intoxicating derivative, extract or compound thereof,
    72. Oripavine,
    73. Oxycodone -- and any intoxicating compound thereof,
    74. Oxymorphone,
    75. PEPAP
    76. Pethidine -- and any intoxicating derivative or compound thereof,
    77. Phenadoxone,
    78. Phenampromide,
    79. Phenazocine,
    80. Phenomorphan,
    81. Phenoperidine,
    82. Piminodine,
    83. Piritramide,
    84. Properidine,
    85. Racemethorphan,
    86. Racemoramide,
    87. Racemorphan,
    88. Remifentanil,
    89. Sufentanil,
    90. Thebacon,
    91. Thebaine,
    92. Thiofentanyl,
    93. Tilidine,
    94. Trimeperidine,
    95. Acetyldihydrocodeine
    96. Codeine,
    97. Dextropropoxyphene,
    98. Dihydrocodeine,
    99. Ethylmorphine,
    100. Nicocodine,
    101. Nicodicodine,
    102. Norcodeine,
    103. Pholcodine,
    104. Propiram,
    105. Heroin.
  2. The Home Secretary shall have final determination on what constitutes an intoxicating derivative, extract or compound.
  3. The Home Secretary shall have the authority to add substances to Section 3a of this addendum via ministerial decree. They will not, however, have the authority to remove a substance from the list without parliamentary approval.

Addendum III: Legitimate use of controlled narcotics

  1. A Narcotics Control Board (NCB) shall be established under the Home Office.
  2. The Narcotics Control Board shall consist of five officials, of which three shall be medical doctors knowledgable in narcotics, one shall be a representative of the Home Secretary and one shall be a representative of the Capital Police Force.
  3. The Narcotics Control Board may, by unanimous agreement, designate a proscribed drug as a "controlled medical pharmaceutical," "restricted medical pharmaceutical" or "restricted research pharmaceutical."
  4. Any substance deemed a "controlled medical pharmaceutical" may be:
    i. Legally imported by any company that bears a license from the Home Office for that purpose,
    ii. Legally purchased and retailed by any licensed hospital or pharmacy,
    iii. Legally given to patients within the care of a licensed hospital,
    iv. Legally acquired and possessed by any individual bearing a valid prescription from a physician accredited by the Elizian Medical Society.
  5. Any substance deemed a "restricted medical pharmaceutical" may be:
    i. Legally imported by any company that bears a license from the Home Office for that purpose,
    ii. Legally purchased by any licensed hospital,
    iii. Legally given to patients within the care of a licensed hospital.
  6. Any substance deemed a "restricted research pharmaceutical" may be:
    i. Legally imported by any company that bears a license from the Home Office for that purpose,
    ii. Legally purchased by any licensed university.

Addendum IV: Subpoenas

    Two classes of subpoena shall be provided for in law. All courts and tribunals, the Department of Justice, the Elizian Business Regulator and provincial justice departments shall have the authority to employ subpoenas within their respective jurisdictions upon reasonable suspicion of criminal activity.

    a. Subpoena ad testificandum, compelling the targeted individual(s) to testify before the respective judicial or investigative body.
    b. Subpoena duces tecum, compelling the targeted individual(s) to produce physical or digital evidence in an investigation.
Last edited by Ainin on Mon Oct 31, 2016 1:51 am, edited 5 times in total.
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Arkolon
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Postby Arkolon » Sat Aug 27, 2016 8:29 am

Unemployment Insurance Clarification Act
Author: Raharjo Iskandar-Bambang
Sponsors: Government

An amendment to the Elizian Work and Healthcare Provisions Act.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 - Provisions
I. An additional Section will be added to the Elizian Work and Healthcare Provisions Act of 2016 will be included, entitled "Definitions", and will include the following.
  • 'insurable earnings' is defined as gross wages, salaries, tips, and other taxable employee pay, union strike benefits, and net earnings from self-employment.
  • 'social insurance benefit' is defined as a benefit to individuals who have made the necessary National Insurance contributions and are entitled. Social insurance benefits are understood to be exempt from taxation, unless otherwise stated, by definition.
  • 'average insurable earnings' shall be the average weekly earnings, up to the maximum insurable earnings threshold, during each week that there were positive insurable earnings above nil.

II. Section 3 of the Elizian Work and Healthcare Provisions Act of 2016 is hereby struck and replaced with the following.
    1. In the event an employee is made redundant, or is otherwise made involuntarily unemployed; for example, by resigning from a job because of sexual assault, or being a whistleblower, the employee may be entitled to unemployment benefit.
    2. Unemployment benefit, a social insurance benefit, may be paid for a minimum of 9 weeks, and a maximum of 156 weeks. For workers over 55, it may be paid for a maximum of 208 weeks. The employee must be available for actively searching for full-time work in order to continue claiming the benefit.
    3. The unemployment benefit shall pay 80% of average insurable earnings, up to the maximum insurable earnings threshold.
    4. The employee must have at least 9 weeks of insurable earnings in the preceding 104 weeks to be entitled to the minimum length of unemployment benefit. Entitlement shall be on a one-week-worked, one-week-of-benefit basis.
    5. The funds raised by the Elizian National Insurance Scheme (ENIS) in Section 1 of this Act will prioritise the funding of the unemployment benefit outlined in this very section; all other provisions of this Act will be funded either by leftover funds from the National Insurance contributions set in Section 1, Article 3 of this Act or separate funds set aside for the provision of healthcare by a Government Budget.
"Revisionism is nothing else than a theoretic generalisation made from the angle of the isolated capitalist. Where does this viewpoint belong theoretically if not in vulgar bourgeois economics?"
Rosa Luxemburg

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Ainin
Postmaster-General
 
Posts: 13989
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Sat Aug 27, 2016 10:39 am


Federal Civil Service Act
| Author: The Hon. John Chiu MP, Minister without Portfolio (ChIP) |
| Sponsor: The Government |
| Co-sponsors: The Hons. Putu Hutapea (Kamchastkia, ENC), Abraham Kamassi, Home Secretary (Maklohi Vai, Labour), Sayid Kasturi (Argentarino, SLP); Sa Ri An (The Sarian, ChIP); Kevin Katdare (Collatis, LD) |

An Act to provide for peace, order and good government; and for connected purposes.



Preamble
WHEREAS a well-functioning, efficient civil service is the basis of government,

WHEREAS employment practices across the government of Elizia should be standardised to avoid confusion and misunderstandings,

WHEREAS the maintenance of a transparent and open government is a utmost priority of this House,

THE PARLIAMENT OF ELIZIA RESOLVES to enact the following act into law.


§1 - The Elizian Civil Service

  1. The Elizian Civil Service, herein referred to as the Civil Service, shall be defined as the collective workforce in the employment, and on the payroll, of the federal government or any agency thereof. It shall not be taken to include:
    i. Persons under the employment of the armed forces or the United Nations,
    ii. Employees of private corporations working under contract for the federal government,
    iii. Employees of state-owned corporations,
    iv. Persons under the employment of provincial or municipal government bodies,
    v. Persons holding elected or constitutionally-established office, such as the President, members of Parliament, cabinet secretaries or the Attorney-General,
    vi. Incarcerated persons engaging in prison labour,
    vii. Federal judges.
  2. The Civil Service shall be administered by the Federal Employment Commission, herein known as the Commission, an independent agency of the federal government. The Commission will employ, and terminate the employment of, federal civil servants.
  3. The Federal Employment Commission shall be led by a Director, who shall be appointed by and serves at the pleasure of the President of Elizia.
  4. The Commission shall consist of six (6) commissioners with considerable legal and practical experience in administrative and labour law, to be appointed by the President of Elizia. The authority to remove commissioners lies exclusively with the federal Parliament.

§2 - Employment practices

  1. The Commission shall evaluate applicants based on merit, and shall not take personal connections, social status or affluence into consideration when selecting a candidate. The Commission shall prioritise merit, namely prior work experience, recommendations from former workplaces, and level of education.
  2. It may however engage in limited actions, when there are several applicants of comparable qualifications, in order to further employment equity for Chinese, Vietnamese, Indian, indigenous and female applicants under Article XVI of the Declaration of the Rights of Elizian Citizens, Residents and Non-Resident Aliens.
  3. The Commission may, at its discretion, prohibit dual citizens and permanent residents with the citizenship of a foreign power from certain positions in the civil service where sensitive information is handled.
  4. The civil service, except in special cases as provided for in this act, shall have the right to engage in co-ordinated cessation of work in order to further its collective interest.
  5. The following fields are deemed essential services, and federal civil servants employed in these fields shall not be permitted to engage in a cessation of work:
    i. Law enforcement, including customs and immigration police,
    ii. Emergency medical care and hospitals,
    iii. Fire-fighting and search & rescue,
    iv. Air traffic control,
    v. Coastal rescue and navigation control,
    vi. Prison supervision, maintenance and catering,
    vii. Electricity and water provision.
  6. Civil servants shall not be punished for expressing a personal opinion, insofar as the opinion does not violate confidentiality laws or cause clear harm and distress to colleagues or the general public.
  7. Promotions shall, insofar as it is realistically possible, be conducted based on performance. The length of service shall only be a contributing factor.

§3 - Restrictions on termination of employment

  1. A civil servant may be terminated by the Commission if presented with a petition towards that regard by their supervisor, justifying the cause of such actions.
  2. Members of the Elizian civil service may not be terminated without due process of law. Consequently, they shall not lose employment for causes other than:
    i. Failure to perform to standards,
    ii. Unexcusably poor and indignifying conduct towards colleagues or the general public,
    iii. Professional misconduct,
    iv. Felonious conviction,
    v. Deception or fraud on their initial application.
  3. For the first one hundred and eighty (180) days of their employment, a civil servant shall be classified as a probationary employee. The executive head of the concerned agency or government body may summarily terminate the employment of a probationary employee without justification.
  4. While a member of the civil service is under criminal investigation or undergoing process of termination, supervisors may suspend the person from employment with pay until the conclusion thereof.
  5. A civil servant shall not be subject to a second termination proceeding within twenty-four (24) months of the unsuccessful conclusion of the first.
  6. An employee considered for termination under 3b(i), (ii), (iii) or (v) shall have the right to ninety (90) days' notice of proceedings. An employee convicted of a felony shall be immediately terminated from the Civil Service with no possibility of appeal.

§4 - Federal Employment Ethics Board

  1. A Federal Employment Ethics Board, herein referred to as the Board, shall be constituted as an administrative tribunal under the Department of Justice Civil Law Department. It shall consequently be supervised by the Solicitor-General of Elizia.
  2. Any civil servant under threat of termination under 3b(i), (ii), (iii) or (v) shall have the right to contest the decision before the Board, which shall grant a hearing at which management must demonstrate probable cause that the individual is culpable of such an infraction.
  3. The Board shall issue a stay of proceedings in regards to the termination until it has come to a ruling.
  4. The Board shall have the authority to independently investigate claims central to a case under its jurisdiction. Consequently, it may request the aid of the Criminal Law Division of the Department of Justice in its investigation.
  5. The Board shall have the authority to compel testimony from any relevant party via subpoena.

§5 - Enforcement and applicability

  1. This act is valid wherever the jurisdictional arbitrage of Elizian courts apply.
  2. This act shall come into effect upon the moment of its assent by the respective authority.
Last edited by Ainin on Wed Aug 31, 2016 7:07 am, edited 4 times in total.
Republic of Nakong | 內江共和國 | IIwiki · Map · Kylaris
"And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat?"

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Arkolon
Powerbroker
 
Posts: 9498
Founded: May 04, 2013
Ex-Nation

Postby Arkolon » Mon Aug 29, 2016 2:41 am

Federal Government Budget of Elizia August 2016
Author: Raharjo Iskandar-Bambang
Sponsors: Government

The budget of the Federal Government of Elizia for the month of August 2016.


Foreword
"Marking the very first budget of the sovereign, independent, democratic Federation of Elizia, this Budget is intended to bring together the policies, priorities, and politics of the First Government of Elizia. In a bid to provide the funding of all passed legislation before the coming-into-force of this Budget, this Budget is a piece of legislation that is more designed for stability and the running of the legislation passed by the Senate of Elizia rather than proactively guessing the agenda of next month. This Budget equally concerns itself with matters of development and economic stability, ensuring that money is set aside for capital investment into the country's economic infrastructure and that the budget is wisely-composed enough to allow for a small budget surplus."
The Rt Hon Raharjo Iskandar-Bambang, President of the Federation of Elizia


BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 - Budget Appropriations
a) The following Offices of State shall receive the following appropriations for current spending, in millions of US dollars:
    i.) Office of the President and the Administration of the Offices of State: $412.8
    ii.) Office of the Home Secretary: $2,476.8
    iii.) Office of the Foreign Secretary: $10
    iv.) Office of the Public Services Secretary: $10,216.8
    v.) Office of the Social Development Secretary: $500
b. The following amounts will be used to pay off the interest accrued on Elizia's sovereign debt, in millions of US dollars:
    i.) Debt interest: $1,238.4

§2 - Capital (Investment) Budget Appropriations
a) The following Offices of State shall receive the following appropriations for capital spending, in millions of US dollars:
    i.) Office of the Financial Affairs Secretary: $825.6

§3 - Summary
a) For the current budget, the following total appropriations are, in US millions of dollars:
    i.) Current Spending: $14,854.6 (35.98% of GDP)
b) For the capital (investment) budget, the following total appropriations are, in US millions of dollars:
    i.) Investment Spending: $825.6 (2.00% of GDP)
c) For the total spending appropriations, inclusive of current and capital (investment) spending and debt interest repayments, the following total appropriations are, in US millions of dollars:
    i.) Total Spending: $15,680.2 (37.98% of GDP)

§4 - Miscellaneous
a) The dollar value of the above appropriations will be converted into Elizian Bulats at an exchange rate of one (1) United States Dollar representing twenty (20) Elizian Bulats.
b) Offices of State will receive their Appropriations in Elizian Bulats at the exchange rate given above, and not in United States Dollars.
"Revisionism is nothing else than a theoretic generalisation made from the angle of the isolated capitalist. Where does this viewpoint belong theoretically if not in vulgar bourgeois economics?"
Rosa Luxemburg

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FreYhill
Chargé d'Affaires
 
Posts: 452
Founded: Sep 14, 2015
Ex-Nation

Postby FreYhill » Mon Aug 29, 2016 3:49 am

Elizian Immunization Act
Author: Chi Guozhi (Shadow Public Services Sec. | Liberal Democrats)
Sponsors: Linanto Aiguo (Shadow Defence Minister | Liberal Democrats), Asako Lee Yuen (Leader of The Opposition | Liberal Democrats), Ahmed Corbor (Shadow Home Sec.| Social Liberal), Mario Fasino (Liberal Democrats), John Chiu (Attorney-General | Chinese Interests)

An Act to Decrease Infection and Disease within the Federation of Elizia through Vaccination.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


Definitions:
  • Elizian Vaccination Bureau - Government Agency to oversee vacination within the Federation of Elizia.
  • Child Care Services - Government Issued Financial Services to assist Child Care.

§1 - Establishment of Elizian Vaccination Bureau

A) The Elizian Immunization Act Mandates that the Elizian Public Services Office establishes the Elizian Vaccination Bureau (EVB) to oversight vaccination within the Federation of Elizia.
  1. The Elizian Vaccination Bureau shall report to the Elizian Public Services Office per Annual Year in regards to Progress and Recommendations to achieve a Full Vaccination within the Federation.
  2. The Elizian Vaccination Bureau shall be funded through the Elizian Public Services Office’s percentage stake of the Federal Budget.

§2 - Mandated Vaccinations

A) The Elizian Immunization Act Mandates that the Elizian Vaccination Bureau (EVB) administers vaccinations in accordance with the below Schedule to consenting citizens to prevent infection and disease within the Federation;




















Age Vaccination
Birth Hepatitis B
2 Months HepB-DTPa_Hib_IPV
Pneumococcal Conjugate (13vPCV)
Rotavirus
4 Months HepB-DTPa_Hib_IPV
Pneumococcal Conjugate (13vPCV)
Rotavirus
6 Months HepB-DTPa_Hib_IPV
Pneumococcal Conjugate (13vPCV)
Rotavirus
Influenza (flu)
12 Months Hib-MenC
MMR
18 Months DTPa
MMRV
4 Years DTPa-IPV
MMR
10-15 Years Chickenpox (Varicella)
HPV vaccine
DTPa
Per Year From 6 Months Influenza (flu)


§3 - Social Services Mandate

A) The Elizian Immunization Act Mandates that Child Care Services provided through Government Departments shall be stripped from Eligible Elizians who refuse to vaccinate their children.
  1. The Elizian Vaccination Bureau (EVB) through Constitutional Law, however, is forbidden to force parents to vaccinate their children.
  2. The Elizian Immunization Act's Child Care Mandate is exempted from Elizians who are unable to receive vaccinations for medical and religious beliefs.

§4 - Immunization Subsidisation

A) The Elizian Immunization Act Mandates Vaccinations to be Free until Elizians reach Adulthood (18).
  1. The Elizian Immunization Act Mandates that the Elizian Public Services Office determines if Adult Immunization is Subsided within the Federation.
Last edited by FreYhill on Sun Sep 04, 2016 2:50 am, edited 2 times in total.
President Emmanuel Carvallo
1st President of the Senate of Fernão (2017-2017)
Chief Whip of the Civic Union


Patricio Magrina
Nominee for Secretary of Health and Labour
Member of the Events Committee

Political Compass:
Economic Left/Right: 7.25
Social Libertarian/Authoritarian: 0.51


Liberal Conservative Roman Catholic.
Member of the Liberal National Party of Queensland (LNP)
Supporter of the Coalition (Australia).

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Nariterrr
Minister
 
Posts: 2435
Founded: Jan 27, 2016
Ex-Nation

Postby Nariterrr » Fri Sep 02, 2016 7:59 am

Warrants and Subpoenas Act
Author: The Hon. Ahmed Corbor (Shadow Home Secretary, Senator, Opposition)
Sponsors: The Hon. Mario Fasino (Senator, Opposition) | Michel Nugati (Shadow Minister of Culture, Senator, Opposition) | Li Zhang (Senator, Opposition) | Arthur Tan (Senator, Opposition) | Thu Tran (Senator, Third Party)

An Act of the Federal Parliament to establish the respective regulations for the issuing of warrents and subpoenas.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 – Amendment to the Emergency Policing Act :
Section two (§2) of the Emergency Policing Act shall be struck down and erased from the recond therein.


§2 – Issuing an arrest warrant, mittimus, and bench warrant:
(1) DEFINITION: An arrest warrant shall be considered a warrant compelling the arrest and detainment of a person or persons for the violation of a criminal statute.
(2) To make a lawful arrest, a law enforcement officer must have either
    i. Probable cause (as defined in further clauses) to arrest.
    ii. a valid arrest warrant issued under a valid authority therein.
(3) An arrest warrant shall be valid if -
    i. A reasonable assertion of probable cause is present
    ii. A warrant is issued by an impartial and neutral magistrate
    iii. it is issued on the basis of an affidavit that does not contain known falsehoods or mistakes.
    iv. it particularly describes the person to be arrested, the reason for the arrest, and a statement of why probable cause can be found.
(4) Probable cause shall be found on -
    i. either direct observations by the police officer, or
    ii. on hearsay information provided by others to the police.
(5) The individual issuing the arrest warrant must be both capable of determining whether probable cause is present and reasonable and must demonstrate impartiality by signing a statement of impartiality under oath.
(6) An arrest warrant will be nullified if it can be proven that the affidavit, whether in part or in whole submitted by the police are false or that that the police either knowingly or otherwise made them with reckless disregard for the truth.
(7) If a falsification is found on an affidavit, it will not be stuck down unless it can be proven that excluding the false statements, the remaining portion of the affidavit would not have by itself established probable cause to arrest the defendant.
(8) The arrest warrant must, to be valid, describe the person bein arrested, describe the crime that they are being accused of, and submit all evidence required to issue such warrants.
(9) An arrest warrant shall not be required in the event that a police officer can prove that he saw the commission of a crime in flagrante delicto and that it is reasonable to assume that the person who executed said commission has a serious chance of fleeing or doing harm to others in the time that it takes to issue a warrant.
(10) A police officer with credible jurisdiction shall be responsible for issuing an arrest warrant. Upon arrest, an officer shall present the warrant before the defendant and say ". Mr/Mrs. [LAST NAME], You are under arrest for [CRIME], you do not have to speak with us, however, your actions, deeds, and words may be used against you at your trial. You are entitled to an attorney of your choosing, if you are unable to attain an attorney, one will be provided for you.
(11) Mittimus is a writ issued by a court judge or magistrate to convey the accused person(s) named in a writ to a penitentiary or jail and to direct a penitentiary jailer to receive and imprison the accused person named in the writ. A mittimus writ shall be issued at the discretion of a judge or magistrate and must be accompanied by an arrest warrant.
(12) A bench warrant is issued by a judge and orders the immediate arrest of the named in the bench warrant.
(13) A bench warrant may be issued in the event -
    i. A person is found in contempt of court
    ii. A person fails to appear at the appointed time for a mandated civil or criminal or otherwise court appearance or testimony.
    iii. If a person fails to comply with the rules presented to him on his bail agreement
(14) If a person on bail is arrested under a bench warrant, a new hearing on bail will be held to discuss a new bail amount, new conditions of bail, and a new court appearance date. A judge may also find the accused a flight risk and may order that he be remanded to a detention facility without bail.


§3 – Possessory warrant :
(1) DEFINITION: A possessory warrant is a writ issued by a judge or magistrate or respective individual to return properties to their lawful owner.
(2) A possessory warrant may be issued in the event that it can reasonably be proven that -
    i. A person's property or positions were taken by fraud or in a fraudulent manner.
    ii. A person's property was taken under the threat of violence or seduction.
    iii. A person's property has disappeared and is believed to be in the position of the party being complained against.
    iv. A previous possessory warrant was issued fraudulently.
(3) A possessory warrant may be nullified if it can be proven that the property being seized is the rightful and lawful property of the person being complained against. In this case, a counter possessory warrant issued by a judge of higher authority than the one issuing the warrant in the first place shall be issued under sub-clause (iv) of clause (2) .



§4 – Search warrant :
(1) DEFINITION: A search warrant is a court order issued by a judge or magistrate or respective individual to authorize the search and seizure of private properties in the position of an individual.
(2) No person, unless specific exceptions apply, may be searched or have his property searched and seized without a search warrant.
(3) In order to obtain a search warrant, a law enforcement officer must prove to a magistrate or judge evidence that points to probable cause based on either direct information or hearsay.
    i. Hearsay information can even be obtained by testimony (oral or otherwise) given and received by tip or testimony or from an anonymous informant, so long as probable cause exists.
(4) Police can seize and search either/or property and/or persons under a search warrant as long as the standard for a search warrant is lower than the quantum of proof required for a conviction.
(5) The following shall require a search warrant -
    i. Wiretapping
    ii. Remotely accessing electronic devices
    iii. Information regarding trade secrets or privileged financial information,
    iv. Privileged personnel, medical, or similar documents,
    v. Relating to the examination, operating, or reports on confidential or privileged financial institutions.
    vi. Other information deemed by a court to be private, privileged, or confidential and thus requiring of a search warrant.
(6) The following shall not require a search warrant -
    i. Terry stops
    ii. A customs officer of the Federation of Elizia searching vehicles, persons, baggage(s), cargo or other properties going through the border of Elizia
    iii. A search prompted over evidence in plain view and where it is obvious the material is contraband
    iv. A search for a vehicle prompted by a lawful traffic stop in the search for alcoholic, and other influences materials where it can be reasonably suspected that the person is driving under the influence.
    v. Searches in emergencies where it is evident that the public is in a reasonable amount of danger.
(7) Where the judge or magistrate feels it necessary, he may impose a gag order on the searches or seizures of property in the event that no arrest can be made.
(8) No-knock warrants, or warrants not requiring the notification of those being searched a that they are being searched may be issued at the discretion of the judge or magistrate where they feel extraordinary events require them.
(9) Items claimed by police without search warrants provided such items are not parts of the exceptions in clause (6) shall be inadmissible for evidence.


§5 – Subpoena ad testificandum:
(1) DEFINITION: Subpoena ad testificandum is an order compelling an individual to testify before a court or committee or other ordering authority.
(2) A subpoena ad testificandum requires the named individual to appear and attend before a court or magistrate at the time and place to testify as a witness on the matter of proceedings.
(3) The clerk of the court, under the countersignature of the presiding judge will issue the subpoena ad testificandum for a trail held in the same court.
(4) A defendant's lawyer or a prosecutor may issue a subpoena ad testificandum provided that the testimony of said person would affect the ruling of the court, provided that the presiding judge upholds the subpoena.
(5) The subpoena ad testificandum in order to be valid must state the name of the court and the city, county and province of which it presides, it must command each person to whom it is served to attend and give testimony and the time and place of such proceedings shall be specified.
(6) A person who is not a resident of the province cannot be forcibly subject to subpoena ad testificandum in civil, but not criminal cases.
(7) The defendant cannot be forcibly subject to subpoena ad testificandum.
(8) Confessions to a priest or religious figure cannot be subject to subpoena ad testificandum.
(9) A spouse cannot be issued subpoena ad testificandum if it means testifying against their spouse.


§6 – Subpoena duces tecum:
(1) DEFINITION: Subpoena duces tecum is a court summons compelling the served to appear before the court and produce evidence for use in a criminal or civil investigation or trial.
(2) A notice to a person subject to subpoena ad testificandum may have an accompanying subpoena duces tecum for the production of documents and other evidence during the taking of a trial.
(3) Acceptable reasons for the failure to produce documents as requested by subpoena duces tecum are -
    i. loss or destruction of evidence or,
    ii. an agreement to use copies, rather than the original tangible evidence, or
    iii. evidence could not be produced at the time of trial
(4) The party who fails to present documents must prove that the absence of evidence is not the fault or negligence of the party or the attorney responsible for representing the party. Failure to do so will constitute negligence and contempt of court.
(5) Both the defense and the prosecution must have access to government or defense witnesses who will testify against or in support of the defendant in a criminal trial. Buth parties must have access to any documents pertaining to said testimony.
(6) A writ of mandamus, a writ to compel confiscation of documents in the possession of attorneys, whether defending or prosecuting or, other persons that have been illegally obtained under abuse, may be issued if it is reasonable to assert that an attorney is negligent in presenting evidence before the court that would harm the interest of the attorney and the client.
(7) The following is immune from a subpoena duces tecum -
    i. Communications between an attorney and a client
    ii. Medical records if the plaintiff does not allege physical, mental, etc. injuries or health damages.
    iii. Hospital records subject to statutory immunity.
    iv. confessions made to a priest, minister, or religious adviser.
    v. Peer review scientific or medical records
(8) Assets from outside corporations, bank accounts, or stock portfolios can be subject to subpoena duces tecum.
Last edited by Nariterrr on Sat Sep 17, 2016 6:03 am, edited 6 times in total.
Honestly who knows what about anything anymore.

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MERIZoC
Postmaster of the Fleet
 
Posts: 23694
Founded: Dec 05, 2013
Left-wing Utopia

Postby MERIZoC » Fri Sep 02, 2016 7:23 pm

Helping And Rescuing Animals and Mammals Beaten Endlessly Act
Author: Ujang Duong
Sponsors: Electrum, Ike, Atlantica, Ainin, Lykens

An Act to prevent and deter poaching and animal abuse

§1 – Poaching
a: For the purposes of this act, and all subsequent acts, poaching shall be defined as "the practice of illegally hunting, catching, trapping, or, in the case of plants, harvesting, any species designated as 'protected'".
b: The Minister of the Environment shall have the power to designate a species as "protected", upon the advice of wildlife experts.
______i. the Parliament of Elizia shall have the power to remove a species from the "protected" list, with a 2/3rds vote upon the advice of wildlife experts.
______ii: Independent of the decisions made by the MoE or Parliament, all species on the IUCN Red List of Threatened Species shall be considered "protected"

§2 – Wildlife Protection Agency
a: A federal agency known as the Wildlife Protection Agency (WPA) shall be established under the Ministry of the Environment.
______i. The WPA shall be tasked with the overseeing government efforts towards the prevention of poaching
b: The Minister of the Environment has the power to appoint any individual meeting the basic qualifications to hold public office as the Director of the Wildlife Protection Agency, and may dismiss them at his digression.
c: Under the WPA there shall be 5,000 law enforcement officials with the responsibility of enforcing federal environmental and wildlife legislation.
______i. These law enforcement officials shall be designated as "Wildlife Protection Agents", and shall be separate from standard Elizian police.
______ii. Wildlife Protection Agents shall be under the control of the Director of the WPA.
______iii. Wildlife Protection Agents shall be armed, and authorized to make arrests concerning Elizian environmental and wildlife legislation.
______iv. Wildlife Protection Agents shall be authorized to use lethal force against poachers if necessary to protect themselves or a protected species.

§3 – Duties of Wildlife Protection Agents
a: Enforcing the provisions laid out in §16 of the Criminal Code of the Federation of Elizia .
b: Combatting large scale poaching rings through investigations, sting operations, and the use of force.
c: Enforcing the provisions laid out in §9 c of the Criminal Code of the Federation of Elizia.
d: Confiscating and destroying any animal materials obtained as a result of poaching, including ivory, furs, and shark fins.
e: Monitoring protected populations to detect poaching activities

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New Werpland
Senator
 
Posts: 4647
Founded: Dec 11, 2014
Ex-Nation

Postby New Werpland » Sun Sep 04, 2016 7:37 am

Repeal of the Financial Sovereignty Act and IMF Accession Act
Author: Ryan binti Kamaaluddeen (SLP)
Sponsors: Sayid Kasturi (SLP), Ahmed Corbor (SLP), Linanto Aiguo (LDP), Abraham Kamassi (LP), Arthur Tan (LDP)

An Act of the Federal Parliament realizing that the Financial Sovereignty of 2016 was motivated by shallow ideology and has harmed the general economic healthiness of Elizia and Elizians.

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 – First:
Upon the passing of this bill the Financial Sovereignty Act will be struck out null and void.

§2 – Second:
The government of Elizia will send its application for accession to the International Monetary Fund.

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Lykens
Diplomat
 
Posts: 958
Founded: Apr 13, 2013
Ex-Nation

Postby Lykens » Wed Sep 07, 2016 5:03 am


Constitutional (Overhaul) Amendment Act

Author: Tijah bin Dian (Lykens | SLP), Tjilik Beluluk (United Provinces of Atlantica | PtH), honorary mentions: Dr. Léon Dimitri Mourani (Filimons | EF), Ahmed Corbor (Nariterrr | SLP)
Sponsors: Michael Nugati (SLP), John Chief (ChiP), Chi Guozhi (LDP), Siva Jeyaratnam (EF), Arthur Tan (LDP)

An Act to Amend the Constitution to provide for a more efficient, clear, detailed, and effective government.

Section I: Amending the Preamble

a. The Preamble to the Constitution of the Federation of Elizia shall be amended to read, “The ancient land of Elizia has been inhabited for millennia. Our nation has always been a paradisiacal land of splendor for some, thriving off of trade with our fellow Southeast Asian brethren, and have always fiercely defended our independence and sovereignty, and Bruneian invaders were eventually fought off as our nation regained its independence once more. However, a colonial scramble for the sovereign land of Southeast Asia caused the British to eventually invade our fair isles in 1886 and turned our nation from as series of feudal, but sovereign, kingdoms to a colonial regime, in 1896 wholly abandoning all pretenses of sovereignty for our wondrous isles.

The peoples of our isles soon chafed under this colonialism, however, and in the 1940s and 1950s were relentless in their struggle for independence against colonialism and in 1957 finally gained our independence, but this newfound freedom and prosperity proved temporary as, realising the inherent sovereign and independent nature of our isles, following our secession from Malaysia after our brief union from 1963-1964, we tragically elected the soon-dictatorial Elizian National Congress, which proved to silence and destroy all opposition as the ENC murdered 70,000 during the early 1970s and, wholly embracing racism, destroyed the wealth of our nation as they stole all possessions of our nation’s Chinese, Indians, Aboriginals and Vietnamese.

The peoples of Elizia as they always have, would not allow for this oppression to continue unabated as the people erupted into revolt in the Orchid Revolution in 2013, but the ENC dictators, never willing to allow even the tiniest sliver of liberty and democracy into our nation, soon repressed these revolts as our nation deteriorated into a civil war, the peoples of our great nation preferring to die on their feet than live on their knees.

The United Nations and the Association of Southeast Asian Nations soon came to the aid of the oppressed Elizian peoples, however, and thus for all Elizians the December of 2015 shall be known as the December Liberation, finally freeing the peoples of Elizia. It is thus with great celebration that the representatives of the peoples of Elizia do elevate their nation from a corrupt dictatorship to a SOVEREIGN DEMOCRATIC REPUBLIC granting all Elizians true liberty and real, full democracy on the basis of popular sovereignty for the first time in our history.

And it is with this great celebration that WE THE PEOPLES OF ELIZIA, with the undaunted faith and steadfast resolve proper to the patriot love which dares to observe its fatherland’s sins and errors, have by their democratic mandate convened a free, independent legislature and requested from their representatives an immaculate national constitution to which all are perpetually bound without care or consideration for matters of personal provenance or extraction, to form this Constitution for a sovereign democratic republic. Recognising the arduous struggle against the vices and inveterate trespasses of its past governments, the people, being the supreme authority of this body politic, place at the supremacy and sovereignty of their state nothing but the people themselves, guided by their eternal inner wisdom and swearing above all to keep to their ancient rights and traditional principles so as to never again fall to the ignominious vagaries of tyrants or colonists.

The Elizian nation, desirous of justice and harmony both at home and abroad, gives itself this constitution in the heroic spirit of the December Liberation and the Orchid Revolution, which it seeks to preserve and honour unceasingly. It, furthermore, reiterates its earnest zeal and unquestionable fidelity to the universal values of mankind, and pronounces itself inimical to iniquity of all breeds; in the case of its own country, it considers it an opprobrious cupidity which deprives its victims of their homeland and the ways of their forefathers. Thus, we, the plenipotentiary representatives of the Elizian nation, declare this political constitution to be the basic law of the state and, consequently, of the Elizian nation and the Federation, and have hereunto affixed the seal of the state to the present in the metropolitan seat of the Federation.”
b. A Preface to the Constitution of the Federation of Elizia shall be added to all digital and printed copies of the Constitution of the Federation of Elizia. This Preface shall be wholly nonbinding in court decisions, shall not be considered official text of the Constitution per se but instead considered an introduction to the Constitution, and shall read: “The Constitution of Elizia is the supreme law of Elizia that cannot be overridden by any other law or action, and a document that equally applies to all Elizians regardless of race, ethnicity, creed, class, caste or any other demographic, and has equal applicability throughout the Federation of Elizia.

The following copy of the Constitution of Elizia is the original and current copy of the Constitution of Elizia, and is applicable throughout Elizia immediately; any other copies of the Constitution of Elizia that differ in any way are illegitimate copies, and the physical location of this copy, and the official depository of the Constitution of Elizia may be located at the Elizian Archives in Kentang.“

Section II: Amending The Executive

a. Part II, Section I, Article II shall be amended to read, “
1. The President shall be elected by the Parliament of Elizia every two months immediately following the beginning of a new parliamentary session after the election of the Parliament of Elizia through a twenty four hour investiture vote until one candidate secures the confidence of the Parliament of Elizia by a majority of voting members.
2. A nomination period, where members may declare their candidacies or be nominated to be candidates, shall last for twenty four hours prior to a twenty four hour voting period.
3. Candidates must have the support of five other Senators when declaring their candidacy for President and Vice President and nominations must be seconded by five other Senators.
4. The Speaker of Parliament shall chair the process to elect a President.

b. Part II, Section I, Article VI shall be retitled ‘The Vice President’ and shall be amended to read:

1. The Vice President shall be the chief advisor of the President and assist them in their duties when called for and shall be considered a full member of the Cabinet.
2. The Vice President may be delegated Presidential duties by the President, however the President reserves the right to revoke said delegated duties.
3. In the event of the removal, resignation, or death by the President, the Vice President shall ascend to the office of President for the remainder of the Presidential term.
4. In the event of the removal, resignation, or death of the Vice President, the President shall appoint an individual to the office of Vice President for the remainder of the term.
5. In the event of temporary incapacitation of the President, the Vice President shall be invested as Acting President until the period of incapacitation has ended, or the President has vacated the office, at which time the Vice President will ascend to the Presidency.

c. Part II Section I, Article VII shall be created and titled “Powers of the President” and shall read:

1. The President of Elizia shall have the right to issue pardons, exempting one convicted of a crime from serving their sentence, unless the crime being pardoned was either an impeachment or activities established as jus cogens offence by international law ratified by the Federation of Elizia.
2. The President of Elizia shall have the right to commute sentence, or reduce the severity of punishment in a sentence, with the exception of impeachments and activities established as jus cogens offence by international law ratified by the Federation of Elizia.
3. The President of Elizia shall have the right to issue decrees during periods of a state emergency as established under Article XXXIX of this Constitution.
4. Decrees may not amend or supersede laws or this Constitution, and must be agreed to by the Cabinet of Elizia before coming into effect.
5. After the lifting of a state of emergency, all relevant decrees shall be subject to a vote by the Parliament of Elizia, which may, after a period of debate lasting twenty-four (24) hours, choose to either adopt particular decrees as legislation or reject the decrees, which shall then be rendered null and void. Decrees shall require a majority of Senators voting to be imposed as legislation.

d. Part II Section I, Article VIII shall be created and titled “Confidence in the President” and shall read:

1. The President shall become caretaker President with limited powers to execute day to day and vital functions of the nation upon losing a confidence vote until the election of a successor.
2. A confidence vote shall be any bills which pertain to raising revenue or budgets. Should either of these types of bill fail, the President shall transition to a caretaker President role.
3. A resolution of no confidence offered with the sponsorship of five Senators may be tabled for twenty four hours of debate upon introduction to the Speaker and Clerk, provided no other business is pending. Resolutions of no confidence take precedence over all other business.

Section III: Amending the Legislative

a. Part III, Section III, Article X shall be amended to read ‘All bills must have long titles, which shall limit the purpose and jurisdiction of the proposed legislation, to protect against abuse from extraneous provisions inserted into legislation.’

Section IV: Amending Elections

a. Part VI, Section I, Article I shall be amended to read, “

1. Members of the Parliament of Elizia, who may also be referred to as Senators, shall be elected in single-member constituencies via the Schulze method.
2. Members of the Parliament of Elizia shall be elected every two months in what shall be referred to as a general election.
3. For the purposes of this Constitution, the swearing-in of Raharjo Iskandar-Bambang as the first President of the Federation of Elizia on the eighteenth of August, 2016, shall be considered a general election and the first general election of the Federation of Elizia shall thus begin on the eighteenth of October, 2016.”


Section V: Additional Chapters to the Constitution

a. An eighth Part to this Constitution shall be established, which may be viewed here.
.
Last edited by Lykens on Thu Sep 08, 2016 9:59 pm, edited 3 times in total.
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Lykens
Diplomat
 
Posts: 958
Founded: Apr 13, 2013
Ex-Nation

Postby Lykens » Wed Sep 07, 2016 5:53 am


Constitutional Amendment (Parliamentary Procedure) Act

Author: Tijah bin Dian (SLP)
Sponsors: Tjilik Beluluk (PtH), Juwita bin Fajardo (SLP), Linanto Aiguo (LDP), Sayid Kasturi (SLP), Michael Nugati (SLP), Ujang Duong (PtH), John Chiu (ChIP), Siva Jeyaratnam (EF)

An act to strike portions of the constitution to provide for more efficient and clear manners of electing the Speaker, establishing a Senate calendar for easier and quicker process through legislation, establishing a more thorough and clear process for legislation, establishing proper parliamentary procedure, and allow for proper understanding and interpretation of it.

Section I: Amending the Constitution

a. Part III, Section II, Articles IV, V, VI, and VII shall be struck out and repealed.
b. Part III, Section III, Article IX, XII, XIII, XV, and XVI shall be struck out and repealed.


Section II: Definitions

Speaker/Chair- Presiding Officer, either permanent or temporary.
Takes Precedence- Motion supersedes a motion made earlier.
Debatable- Whether or not a motion can be debated.
Second- Indication that there is more than one supporter of a motion than the original mover.
Floor- Place where members sit, speak, and debate legislation.
Decorum- Appropriate, respectful behavior to be maintained on the floor of the Senate at all times.
Senate- Legislature of Elizia.
Question- Bill or resolution sent to the floor for debate and vote.
Vote- The amount of votes needed to sustain, carry, or a overrule a motion.
Main motion- Motion used to bring a question to the floor.
Subsidiary motion- Motion that may be applied to a question, to modify, delay, or dispose of them.
Privileged motion- Motions that are not necessarily relevant to the question, but are of immediate importance or urgency.
Incidental motion- Motion that arises out of another question or related to the question at hand, must be decided before moving onto the pending question.
Disciplinary procedures- Procedures used to discipline members due to conduct or behavior.
Opinion of the Speaker/Chair- Ruling made by the Speaker, open to appeal by the entirety of the Senate.
Dilatory- Motions or tactics used to delay parliamentary business or proceedings.


Section III: Motions

§1 - Privileged Motions

a. Privileged motions take precedence over all other motions and are undebatable. they will be listed by precedence amongst themselves here.
b. Move to fix a time to adjourn, used to set the time when the session will end. Undebatable, requires second, majority vote.
c. Move to take a recess, used to allow for a short break of the deliberative Senate, ‘temporary adjournment’, Senate returns after a given period of time. Undebatable, requires second, majority vote.
d. Raise a question of privilege affecting the Senate, used to bring to the attention of the Speaker a lack of adequate comfort, safety, or ability to hear other members. Undebatable, requires no second, at the discretion of the Speaker.
e. Raise a question of personal privilege, used to bring to the attention of the Speaker a personal need for assistance, excusal from the session, or respond to charges made against the mover’s character. Undebatable, requires no second, at the discretion of the Speaker.

§2 - Incidental Motions

a. Incidental motions are those that arise from other questions or are related to the question at hand. They take precedence over subsidiary motions, and yield to privileged motions. Incidental motions do not have precedence amongst themselves, and take precedence over questions from which they arise from.
b. Move to appeal the ruling of the Chair, used to override the ruling of the Speaker on a motion, amendment, or other ruling, if successful. Undebatable, requires second, majority vote to override the ruling of the Speaker, majority vote in the negative to sustain the ruling of the Speaker.
c. Move to object to the consideration of a question, used to block a main motion bringing a question to the floor. Undebatable, requires second, majority vote to sustain objection.1
d. Move to withdraw a motion, used to withdraw a motion previously made, can only be made by the original mover. Undebatable, requires second, at the discretion of the Speaker.
e. Rise to a point of order, used to bring to the attention of the Speaker a possible breach of parliamentary procedure. Undebatable, requires no second, sustained or overruled by the Speaker.
f. Rise to a point of parliamentary inquiry, used to seek information regarding parliamentary procedure. Undebatable, requires no second, no vote required, answered by the Speaker.
g. Rise to a point of information, used to seek information regarding the question and debate at hand. Undebatable, requires no second, no vote required, answered by the Speaker or member charged with managing the question.

§3 - Subsidiary Motions

a. Subsidiary motions are those that directly affect the form, outcome, or purpose of a question. Subsidiary motions yield to Incidental motions. They are listed in precedence amongst themselves here.
b. Move the previous question2, used to close debate and begin voting on the question. Undebatable, requires second, requires majority vote.
c. Move to postpone indefinitely, used to postpone consideration of a question by stopping debate indefinitely. Debatable, requires second, majority vote.
d. Move to postpone to a certain time, used to move debate on a question to another time. Debatable, requires second, majority vote.
e. Move to amend, used to change portions of a question by adding, removing, or substituting words. Debatable, requires second, majority vote.
f. Move to amend the amendment, used to change portions of an amendment by adding, removing, or substitituting words. Debatable, requires second, majority vote.
g. Move to limit or extend debate, used to limit the amount of time allowed for debate, or extend it. Debatable, requires second, majority vote.
h. Move to refer to a committee/to commit, used to send a question to an ad hoc committee for additional scrutiny better provided by a smaller body. Debateable, requires second, majority vote.

§4 - Main Motions

a. Main Motions are used to bring a question to the floor for debate.
b. Move to table, used to bring a question to the floor. Undebatable, requires second, requires majority vote.
c. Move to discharge from a committee, used to remove questions from committees that the assembly feels have been committed for too long. Debateable, requires second, majority vote.
d. Move to nominate, used to nominate an individual for a particular office, may only be moved by the President or designated official. Debatable, requires second, majority vote.
e. Move to ratify, used to ratify treaties between the of Elizia and other entities. Debatable, requires second, majority vote.
f. Move to call up a question out of order, used to bring a question previously postponed indefinitely for debate. Debatable, requires second, majority vote.
g. Main motions may only be moved when no other business or questions are on the floor.


Section IV: Disciplinary Procedures

a. Disciplinary procedures may be carried out against any member of the Senate, granted that a majority supports said actions.
b. Suspending, the Speaker may suspend a member they feel has breached decorum of the Senate for up to five (5) hours. Undebatable, requires no second, at the discretion of the Speaker.
c. Censuring, a public reprimand or condemnation by the Senate against a member who has committed an offense against the state, government, members of, or the Senate itself. Undebatable, requires second, majority vote.
d. Naming, the Speaker may name an individual who continues to breach decorum of the Senate, after being suspended initially, for up to five (5) days. Undebatable, requires no second, majority vote.
e. Declaring the Chair vacant, in the circumstances of dereliction of duty, lack of impartiality, or inability to carry out the duties of the Speaker, any member of the Senate may move to declare the Speaker vacant, prompting a vote to sustain the motion or overrule it. Undebatable, requires eight (8) seconds, majority vote to sustain or overrule motion. This vote will last twenty four hours.
f. Expulsion, in the most dire circumstances where a member has been convicted of a criminal offense and refuses to resign, or other extraordinary circumstances deemed as eligible for expulsion by the Parliamentarian. Debatable, requires ten (10) seconds, majority vote.


Section V: Introduction of Bills to the Senate and the Senate Calendar


a. Any senator shall have the right to introduce a bill into the Parliament of Elizia.
b. When a sufficient number of sponsors have signed onto a bill, it may be submitted to the Bill Depository where the Clerk of Parliament shall place it on the Senate Calendar.
b. The Senate Calendar shall house all bills entered into the Bill Depository that have yet to be called to the floor.
c. The Senate Calendar shall be maintained by the Clerk of the Parliament of Elizia.
d. Members of the Senate may call any bill from the Senate Calendar to the floor of the Senate.
e. Members of the Cabinet take precedence in calling government bills off of the Senate Calendar.
f. Constitutional Amendments shall be exempt from the Senate Calendar and take precedence over all other bills, government or private, and resolutions of no confidence. And shall be called to the floor before all other bills by the Speaker when submitted to the Bill Depository.


Section VI: Officers, Powers, Nominations, and Elections

§1 - Chair

a. The Speaker shall be the presiding officer of the Senate, known also as the Chair.
b. The Speaker shall be elected by the members of the Senate.
c. The Speaker shall serve for the duration of a parliamentary term, unless they resign, die, are rendered incapable of carrying out the duties of the Speaker, lose their status as Senator, or a motion to declare the Chair vacant succeeds.
d. The Speaker shall be required to hold membership within the Senate.
e. The Speaker shall not vote unless in the event of a tie.
f. Nominations for the position of Speaker will be held for twenty four (24) hours, followed by a twenty four (24) hour voting period.
g. Nominations must garner five (5) supporters in addition to the member who nominated the candidate.
h. Members may rank all of the candidates in order of preference.
i. If no candidate should reach a majority, the candidate with the least amount of support is eliminated, and the second preferences are distributed.
j. Once a candidate garners a majority, they shall be invested as Speaker.
k. Speakers shall serve from their election to the election of their successor.

§2 - Powers and Duties of the Chair

a. The Speaker shall be entrusted with maintaining order and decorum within the Senate at all times.
b. The Speaker shall have the sole power to rule on all points of order and answer all points of inquiry.
c. The Speaker shall have the sole power to appoint one or more speakers pro tempore in their absence.
d. The Speaker or the Speaker pro tempore shall have the sole power to open proceedings of the Senate.
e. The Speaker shall have the power to appoint a parliamentarian to assist in interpretation and understanding of parliamentary procedure.
f. The Speaker shall have the power to rule motions dilatory, however these rulings are open to appeal.
g. The Speaker shall have the sole power to create, change, remove, and enforce Standing Rules of the Senate.

§3 - Office of the Parliamentarian

a. The Office of the Parliamentarian will be filled by an individual appointed by the Speaker, whom they feel possesses an adequate knowledge and understand of this parliamentary authority.
b. The Parliamentarian shall be tasked with ensuring Senators understand and exercise proper parliamentary procedure and assist them with making proper motions.





Footnotes

1 A Motion to object to the consideration of a question may only be moved prior to a vote to table a question. If the vote to table a question occurs, a motion to object to the consideration of a question is out of order.
2 Motions to call the question may only be entertained twenty four (24) hours after a question has been tabled.
Last edited by Lykens on Fri Sep 16, 2016 9:05 pm, edited 8 times in total.
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Britanno 3
Lobbyist
 
Posts: 20
Founded: Jul 27, 2016
Ex-Nation

Postby Britanno 3 » Thu Sep 08, 2016 12:40 pm

National Railway Network Act
| GOVERNMENT BILL |
| JUSTICE AND THE INTERIOR BILL :: TRANSPORTATION |



Author: Public Services Secretary Britanno 3 (Labour)
Sponsors: Shadow Environment and Rural Affairs Secretary Eol Sha (Social Liberal) , Senator Arachea (Alternative), Senator Miaphysite Church of Coptic Archism (Independent), Senator DrWinner (Independent)

An Act to ensure the long-term future of the nationalised railway network.


Section One - Ownership of the National Railway Network
  1. All railways that form part of the national rail network shall remain nationalised.
  2. Railway lines not connected to the national network may be privately owned but are obligated to comply with the same regulations as public railway lines.
  3. Privately owned railway lines may not be used for the primary purpose of passenger-related services, or else they are subject to a compensated takeover by the Elizian Railway Administration.
Section Two - Maintenance of the National Railway Network
  1. The Elizian Railway Administration shall be established to maintain the national rail network, pass regulations related to rail transport and set national railway policies.
  2. The Elizian Railway Administration shall be funded by the Department of Public Services.
  3. The Elizian Railway Administration shall be headed by a Chief Administrator, who shall be appointed by the Public Services Secretary.
  4. The Chief Administrator shall appoint Regional Administrators to ensure maintenance of the rail network is carried out on a regional level, and may delegate certain powers to Regional Administrators that may be withdrawn at any given point should the Chief Administrator judge the local administration to be running the network poorly.
  5. The Elizian Railway Administration shall be charged with regulating matters including, but not limited to: signalling, speed limits, visible warnings and signs, rail fare caps and punishments for fare-dodging.
Section Three - Public Safety
  1. Ensuring public safety shall be a priority at all times for the Elizian Railway Administration.
  2. The Office for Railway Safety shall be established as a department within the Elizian Railway Administration, charged with highlighting potential safety hazards and directing a course of action to prevent the hazard from being realised.
  3. The Office for Railway Safety shall also set up investigations and report to the Chief Administrator following incidents in which public safety has been threatened and shall be charged with carrying out the recommendations for improvement of any inquiry..
Last edited by Britanno 3 on Fri Sep 09, 2016 10:46 am, edited 1 time in total.
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The Sarian
Ambassador
 
Posts: 1455
Founded: Jun 08, 2013
Ex-Nation

Postby The Sarian » Fri Sep 09, 2016 9:12 am

Government Budget Act
| PRIVATE MEMBERS BILL |
| MISCELLANEOUS BILL :: CONSTITUTIONAL AFFAIRS |



Author: Senator Sa (The Sarian | Chinese Interest Party) brought forward posthumously by Senator Muhammad, Development Secretary (The Sarian | Chinese Interest Party)
Sponsors: Senator Chu (Licentian Isles | Labour Party); Senator Jeyaratnam, Finance Secretary (Coconut Isle | Elizia First); Senator Chiu, Attorney General (Ainin | Chinese Interest Party); Senator Markson (DrWinner | Independent); Senator Đinh (The Miaphysite Church of Coptic Archism | Independent)

AN ACT to Legislate the Procedure for Presenting a Budget to the Senate


  1. Only the minister responsible for financial affairs may present a budget to the Senate;
  2. The Government must submit a budget within two weeks of taking office, detailing government income and expenditure for the financial year (OOC: Two month term);
  3. The Budget will be given priority over all other bills;
  4. Debate on the budget will last a minimum of forty-eight hours;
  5. If the Government loses a budget vote, it shall be judged that it has lost the Confidence of the Senate;
  6. If a government fails to present a budget within fourteen days of taking office, barring extraordinary circumstances, the Senate shall be dissolved and fresh elections shall be held.
    i) Extraordinary circumstances shall be decided on unanimously by the Speaker of the Senate, President, Leader of the Opposition and the Leader of all parties with more than five Senators;
    ii) Extraordinary circumstances must not, under any conditions, be because of ministerial incompetence or human error.
Last edited by The Sarian on Fri Sep 09, 2016 9:13 am, edited 1 time in total.
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The Sarian
Ambassador
 
Posts: 1455
Founded: Jun 08, 2013
Ex-Nation

Postby The Sarian » Fri Sep 09, 2016 9:13 am

National Memorial Commission (Establishment) Act
| GOVERNMENT BILL |
| MISCELLANEOUS BILL :: CULTURAL AFFAIRS |



Author: Senator Muhammad, Development Secretary (The Sarian | Chinese Interest Party)
Sponsors: Senator Abraham Kamassi, Home Secretary (Maklohi Vai | Labour Party); Senator Aiguo (Davincia | Liberal Democrats); Senator Jeyaratnam, Finance Secretary (Coconut Isle | Elizia First); Senator Chiu, Attorney General (Ainin | Chinese Interest Party); Senator Đinh (The Miaphysite Church of Coptic Archism | Independent)

AN ACT to Establish a Committee to Create and Maintain Monuments and Other Memorials of Local and National Importance


Section One - Definitions
  1. Memorial - a structure or area dedicated to commemorate a person or event.

Section Two - Establishment and Funding
  1. The National Memorial Commission shall be established comprising of twelve (12) individuals, to be chosen by the Minister for Social Development;
  2. The National Memorial Commission shall be a non-departmental public body under the purview of the Department for Social Development;
  3. The National Memorial Commission shall receive an annual budget from the Department for Social Development.

Section Three - Competences
  1. The committee shall have exclusive competence in establishing memorials in the Federation of Elizia;
  2. The committee shall have exclusive competence in granting, or denying, planning requests for memorials in the Federation of Elizia;
  3. The committee shall have shared competence with local bodies in the maintenance of memorials in the Federation of Elizia.

Section Four - Miscellaneous
  1. All instances of 'Department for Social Development' may be replaced by a different Department or Ministry of the Federation of Elizia by the President of the Federation of Elizia;
  2. All instances of 'Minister for Social Development' may be replaced by a different Member of the Government of Elizia by the President of the Federation of Elizia.
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Ainin
Postmaster-General
 
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Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Sun Sep 11, 2016 3:04 am


Criminal Code (Narcotics Trade) Amendment Act
| Author: The Hon. John Chiu MP, Attorney-General (ChIP) |
| Sponsor: Government |
| Co-sponsor: The Rt. Hon Tijah bin Dian, Leader of the Opposition (SLP) |

An Act to amend the Criminal Code of Elizia; and for connected purposes.



§1 - Amendments to the Criminal Code

  1. Section 30k of the Criminal Code ("Proscribed drug" shall be defined by future legislation. In the absence of such legislation, any such references are legally void) is hereby repealed and struck from the records.
  2. A section 30q shall be added to the Criminal Code, reading:
      q. "Drug cartel" shall be defined as any organised group that does business in the unlawful production, refinement, retail, distribution or transport of proscribed drugs.
  3. A sub-section 17i shall be added to the Criminal Code, reading:
      i. Whoever (i) possesses membership in, or (ii) is in the criminal employment of, a drug cartel is guilty of drug trafficking, a felony. An individual convicted of drug trafficking shall be sentenced to no more than life imprisonment.

§2 - Criminal Code Addendum I: Single Convention on Narcotic Drugs

  1. The Parliament of Elizia hereby ratifies the Single Convention on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
  2. The President of Elizia shall, without unreasonable delay, sign the aforementioned treaties.
  3. The Foreign Secretary shall, without unreasonable delay, inform the Secretary-General of the United Nations of the Federation of Elizia's accession to the aforementioned treaties.

§3 - Criminal Code Addendum II: Proscribed narcotics

  1. The following substances, as defined by Schedules I and II of the Single Convention on Narcotic Drugs, are hereby deemed proscribed drugs within the Federation of Elizia:
    1. Acetorphine,
    2. Acetylmethadol,
    3. Alfentanil,
    4. AH-7921,
    5. Allylprodine,
    6. Alphacetylmethadol,
    7. Alphameprodine,
    8. Alphamethadol,
    9. Alphaprodine,
    10. Anileridine,
    11. Benzethidine,
    12. Benzylmorphine,
    13. Betacetylmethadol
    14. Betameprodine
    15. Betamethadol
    16. Betaprodine
    17. Bezitramide,
    18. Cannabis -- and any intoxicating derivative or extract thereof,
    19. Clonitazene
    20. Coca leaf -- and any intoxicating derivative or extract thereof, especially cocaine,
    21. Codoxime,
    22. Desomorphine,
    23. Dextromoramide,
    24. Diampromide,
    25. Diethylthiambutene,
    26. Difenoxin,
    27. Dihydroetorphine,
    28. Dihydromorphine,
    29. Dimenoxadol,
    30. Dimepheptanol,
    31. Dimethylthiambutene,
    32. Dioxaphetyl butyrate,
    33. Diphenoxylate,
    34. Dipipanone,
    35. Drotebanol,
    36. Ecgonine,
    37. Ethylmethylthiambutene,
    38. Etonitazene,
    39. Etorphine,
    40. Etoxeridine,
    41. Fentanyl,
    42. Furethidine,
    43. Heroin,
    44. Hydrocodone,
    45. Hydromorphinol,
    46. Hydromorphone,
    47. Hydroxypethidine,
    48. Isomethadone,
    49. Ketobemidone,
    50. Levomethorphan,
    51. Levomoramide,
    52. Levophenacylmorphan,
    53. Levorphanol,
    54. Metazocine,
    55. Methadone -- and any intoxicating derivative thereof,
    56. Methyldesorphine,
    57. Methyldihydromorphine,
    58. Methylfentanyl,
    59. Methylthiofentanyl,
    60. Metopon,
    61. Moramide,
    62. Morpheridine,
    63. Morphine -- and any intoxicating derivative or compound thereof,
    64. MPPP,
    65. Myrophine,
    66. Nicomorphine,
    67. Noracymethadol,
    68. Norlevorphanol,
    69. Normethadone,
    70. Norpipanone,
    71. Opium poppies -- and any intoxicating derivative, extract or compound thereof,
    72. Oripavine,
    73. Oxycodone -- and any intoxicating compound thereof,
    74. Oxymorphone,
    75. PEPAP
    76. Pethidine -- and any intoxicating derivative or compound thereof,
    77. Phenadoxone,
    78. Phenampromide,
    79. Phenazocine,
    80. Phenomorphan,
    81. Phenoperidine,
    82. Piminodine,
    83. Piritramide,
    84. Properidine,
    85. Racemethorphan,
    86. Racemoramide,
    87. Racemorphan,
    88. Remifentanil,
    89. Sufentanil,
    90. Thebacon,
    91. Thebaine,
    92. Thiofentanyl,
    93. Tilidine,
    94. Trimeperidine,
    95. Acetyldihydrocodeine
    96. Codeine,
    97. Dextropropoxyphene,
    98. Dihydrocodeine,
    99. Ethylmorphine,
    100. Nicocodine,
    101. Nicodicodine,
    102. Norcodeine,
    103. Pholcodine,
    104. Propiram,
    105. Heroin.
  2. The Home Secretary shall have final determination on what constitutes an intoxicating derivative, extract or compound.
  3. The Home Secretary shall have the authority to add substances to Section 3a of this addendum via ministerial decree. They will not, however, have the authority to remove a substance from the list without parliamentary approval.

§4 - Criminal Code Addendum III: Legitimate use of controlled narcotics

  1. A Narcotics Control Board (NCB) shall be established under the Home Office.
  2. The Narcotics Control Board shall consist of five officials, of which three shall be medical doctors knowledgable in narcotics, one shall be a representative of the Home Secretary and one shall be a representative of the Capital Police Force.
  3. The Narcotics Control Board may, by unanimous agreement, designate a proscribed drug as a "controlled medical pharmaceutical," "restricted medical pharmaceutical" or "restricted research pharmaceutical."
  4. Any substance deemed a "controlled medical pharmaceutical" may be:
    i. Legally imported by any company that bears a license from the Home Office for that purpose,
    ii. Legally purchased and retailed by any licensed hospital or pharmacy,
    iii. Legally given to patients within the care of a licensed hospital,
    iv.. Legally acquired and possessed by any individual bearing a valid prescription from a physician accredited by the Elizian Medical Society.
  5. Any substance deemed a "restricted medical pharmaceutical" may be:
    i. Legally imported by any company that bears a license from the Home Office for that purpose,
    ii. Legally purchased by any licensed hospital,
    iii. Legally given to patients within the care of a licensed hospital.
  6. Any substance deemed a "restricted research pharmaceutical" may be:
    i. Legally imported by any company that bears a license from the Home Office for that purpose,
    ii. Legally purchased by any licensed university.

§5 - Entry into force
    This act shall come into effect upon the moment of its assent by the respective authority.
Last edited by Ainin on Sun Sep 11, 2016 3:04 am, edited 1 time in total.
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Ikania
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Posts: 3692
Founded: Jun 28, 2013
Democratic Socialists

Postby Ikania » Tue Sep 13, 2016 5:59 pm

Act to Privatize, Decentralize and Deregulate Public Transport
Author: Ezra Suleiman (SLP)
Sponsors: Linanto Aiguo (LDP), Chi Guozhi (LDP), Arthur Tan (LDP), Tijah bin Dian (SLP), Mark Markson (LDP)



Preamble

Under the stranglehold of the single-party system, whereby the Elizian National Congress controlled the economy, the public transport sector of Elizia was given a state-sponsored monopoly to work with. Competition was stifled in favour of state control of this sector of the Elizian economy. Given the democratization of Elizia, and the potential for economic prosperity through investment in our railways and a competitive public transport economy, the Elizian Federation has much to gain from the careful privatization of the public transport sector, and a shift from statism to liberalism. The purpose of this bill is to privatize the public transportation sector, while retaining economic stability and quality through retaining some state-run options. The outcome this bill aims for is the benefit of not only the economy, but the welfare of the citizens who use public transport in their daily lives.

Article I

I. For the purpose of this bill, the term 'Railway Infrastructure' refers to: all tracks, rails, signalling, tunnels, bridges, level crossings and stations currently in possession of the Department of Transport and Infrastructure. for the sole purpose of public transport via rail.

II. For the purpose of this bill, the term 'Transit Infrastructure' refers to: all tracks, lanes, signalling, tunnels, bridges, level crossings and stations currently in possession of the Department of Transport and Infrastructuret for the sole purpose of public transport via bus.

III. For the purpose of this bill, the term 'Train' refers to: Freight cars, passenger trains, high speed rail cars, light rail cars and locomotives currently in possession of the Department of Transport and Infrastructure, and when divided, proportionally given an equal amount of freight cars, passenger trains, et al.

IV. References to the Department of Public Services and the Department of Transport and Infrastructure also include, should such Departments not exist at the passage of this bill, the equivalent governmental authority that currently manages Railway Infrastructure, Transit Infrastructure and Trains in Elizia.

Article II

I. The Department of Transport and Infrastructure is tasked with the creation of a new, privately-held company with an executive structure determined by the Secretary of Public Services, with an executive Board of Directors composed of no less than eight (8) individuals approved by the President and the Secretary of Transport and Infrastructure.

II. The purpose of the company is to manage, maintain and improve the Railway Infrastructure of the nation.

III. Ownership of Railway Infrastructure will be transferred to said company immediately following its creation.

IV. For the purpose of stability, the Secretary of Public Services will appoint either themselves or another individual approved by the President of the Federation as President of the company for a period of up to one year before the position is chosen by the Board of Directors.

Article III

I. The Department of Transport and Infrastructure is tasked with the creation of a new, state-run company with an executive structure determined by the Secretary of Public Services, and an executive board of no less than eight (8) members, nominated by the Secretary of Transport and Infrastructure and appointed by the President of the company. The Secretary of Public Services will be responsible for the nomination of a company President, to be confirmed by the President of the Federation.

II. The purpose of this company is to provide a public option for railways in Elizia, both as a foothold in the industry to prevent monopolies, and to provide a reliable service when other private sector options fail.

III. One third of all trains currently under the management of the Department of Transport and Infrastructure (to be divided as per Article I, Section III) will be transferred to the ownership of the company created in Section I of Article III.

IV. The other two thirds of Department-owned trains will be franchised separately to train operating companies for a period of up to eight years. When franchising is complete, each train will be lent to the company established in Section I of Article III, until the Department can re-franchise it to another company or renew the existing franchise.

Article IV

I. All buses and bus transit-related assets under the ownership of the Department of Transport and Infrastructure will become property of the provincial government of the Elizian province they are based in as of the passage of this act. Provinces and provincial governments refer to such terms as enshrined in the Constitution, Section I of Article III and Sections I and II of Part V.

II. The official authority on the matter of public transport shall lie in the Provincial governments.

III. Ownership of Transit Infrastructure is passed to the Provincial Governments in which the respective components of Transit Infrastructure are located.
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Land Value Tax would fix this
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Coconut Isle
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Posts: 99
Founded: Jun 15, 2014
Ex-Nation

Postby Coconut Isle » Fri Sep 16, 2016 9:11 pm

Competition and Consumer Act
Author: The Hon. Finance Secretary Siva Jeyaratnam (Electrum)
Sponsors: Government

An act to delineate various guidelines, procedures, rules and trade practices regarding transactions, contracts and other interactions between government, consumers, businesses, manufacturers to reduce market inefficiencies and increase the welfare of Elizian citizens and for other connected purposes

BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:


§1 - Establishment of the Elizian Business Regulator
Hereby establishes the Elizian Business Regulator, which

1. The Elizian Business Regulator is to be established and will operate on behalf of but independent to the Government of Elizia
2. The Elizian Business Regulator shall be governed full time by a Chairperson and a board of eight other members.
3. The Chairperson and the board members shall be selected by the Finance Secretary with approval from the President
4. The Finance Secretary must be reasonably satisfied that the Chairperson and the board members have sufficient experience within the realms of economics, business, management, governance, corporations, small business, consumer protections, industrial trade practices, law.
5. Each board member will be appointed to a term of four years and is subject to the reapproval at the end of each term by the President
6. The Chairperson of the Elizian Business Regulator must have experience with consumer protection. The other members must have experience in one of the different categories above different to the other members.
7. The President may terminate the commission of any board member at any time if they have failed their duties, or because of incompetence or mental incapacitation
8. The Chairperson may call schedule regular meetings, at a reasonable time, with the board members to discuss the management of the Elizian Business Regulator
9. The Chairperson may appoint up to two Deputy Chairpeople, selected from the board. In the absence of the Chairperson, one of the two deputies may chair a meeting.
10. Each member of the board must register a list of special interests that they have, and if any decision made by the board affects them personally, they must make it known to the chair and must recuse themselves from that particular part of the meeting.
11. The Chairperson may make any other rule for the orderly and efficient running of meetings

§2 - Jurisdiction
1. For the following subsections, the Courts of First Instance shall serve as the court of first instance.
2. Appeals from the Court of First Instance are allowed to superior courts are allowed
3. The Elizian Business Regulator may sue or be sued in a court of law
4. The Elizian Business Regulator is responsible for prosecuting the following sections. When taking the decision to prosecute, the Elizian Business Regulator must take into account:
- The significance of the effect of the firm’s unlawful behaviour in the market
- The evidence of the firm’s unlawful behaviour
- And other factors the EBR deems necessary for the successful prosecution of a case
- The EBR shall not prosecute cases against the Republic of Elizia, including but not limited to state monopolies.
5. The maximum fine issued by the Court of First Instance shall not exceed, whichever is the greater:
- Five times the total value of the value of the benefits gained from the anti-competitive behaviour
- 10% of the corporation’s annual turnover
6. The court reserves the right to impose additional penalties and injunctions on to firms which break the following sections according to the rules of common law and equity

§3 - Competition and Trade Practices
1. Corporations must not engage in anticompetitive behaviour. This includes behaviour which directly or indirectly leads to:
- Price-fixing
- Allocation of territories of customers or suppliers between different corporations
- Deliberately reducing production
- Any other behaviour which would lead to a reduction in competition
2. A contravention in this part is penalised as prescribed in section 2.5 of this Act.

§4 - Market Power, Mergers and Acquisitions
1. Any action, such as a merger or an acquisition, taken by an individual or a corporation which could serve to lower the amount of competition in a market, or which could serve to concentrate market power must be first approved by the Elizian Business Regulator through an authorisation
2. The Elizian Business Regulator must take the following factors into account before providing the prerequisite authorisation:
- Level of domestic and international competition
- Level of market power in the market
- Barriers to entry and exit
- Likelihood of increased profits or prices
- Degree of differentiation
- Substitution of product
- Special factors including online presence, vertical integration, innovation in particular markets
3. An authorisation is to be granted by a delegate of the Elizian Business Regulator and must be delivered within a reasonable timeframe. The authorisation will last for a limited time, determined by the delegate, but can not last for more than six months.
4. A contravention in this part is penalised as prescribed in section 2.5 of this Act.

§5 - Consumer Law
1. For the following section, the Consumer Law applies to both goods, or tangible products, and services, intangible products
2. For the following section, a Consumer is someone who consumes goods or services normally acquired for domestic or personal consumption and not used for any business transaction including but not limited to further transformation of said product for sale.
3. The Consumer Law applies to all purchases by consumers except for private sales, and those that are sold under auction
4. Manufacturers and retailers must not mislead consumers about their rights under this law. Guaranteed consumer rights made in this act cannot be excluded for any reason unless specified in this act.
5. Consumers may request a good to be returned or refunded at the manufacturer or retailer’s choice if:
- The consumer has proof of purchase AND
- The manufacturer or retailer can rectify the fault within a reasonable timeframe AND
- The consumer is not satisfied about the good because of one of the following:
- The goods were not as described, or as described by the retailer, whether written on the packaging of the product, or oral statements made by the salesperson.
- The goods were not fit for its usual purpose, or the purpose as described by the consumer, and the consumer was relying on the retailer’s judgement about this purpose.
- The goods were not of acceptable quality. Goods and services that are sold must be durable (according to the usual lifetime of that good or service), finished and safe from defects. This is the only time a good or service may be refunded or returned by the manufacturer.
6. Services can be performed again or refunded at the service provider’s choice if:
- Firstly, the service has been performed AND
- The service retailer can rectify the fault within a reasonable timeframe AND
- The consumer is not satisfied about the service because of one of the following:
- The services were not as described, or as described by the service provider, whether in writing or orally.
- The services were not fit for purpose, including those specified and implied by the consumer to the service provider
- The services were not performed with due care or skill and in a reasonable time period
7. Goods and services can be returned or refunded at the consumer’s choice if:
- The consumer, fully acquainted with the good or service, would not have entered into the contract of purchasing the good of service had they known about the problem (i.e. the contravention under Section 5.5 or 5.6 is deemed substantially significant) OR
- The manufacturer or retailer or service provider cannot rectify the issue in a reasonable timeframe
8. Further remedies under Section 5.5 or 5.6 can include:
- For services, if there is a failure to fix service in a reasonable time, then the original supplier must pay to remedy the problem if the remedy was performed by another provider
- Termination of the contract and seeking compensation for foreseeable losses
- Reasonable foreseeable loss is compensation, including transportation of product (at reasonable cost)
9. If there is a dispute as to the appropriate remedy, or any other dispute or complaint relating to Section 5.5 or 5.6 of this Act, then the Elizian Business Regulator shall arbitrate the dispute in an Administrative Tribunal.
- The Administrative Tribunal will have members who will act as arbitrators
- The members must have a background in law, and are appointed by the Chairperson of the EBR, with permission from the Attorney General
- The members must not sit in any cases where their judgement may be biased
10. The arbitration can be appealed to the Court of First Instance only
11. Exclusions to Section 5.5 or 5.6 include:
- Consumer’s change of mind, unless allowed by contract at the time of purchase by the retailer in question
- The good or service was damaged by the consumer itself, or could normally be expected through the normal operation of said product
- An unreasonable period of time has elapsed
Last edited by Coconut Isle on Sat Sep 17, 2016 6:16 am, edited 2 times in total.

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The Miaphysite Church of Coptic Archism
Ambassador
 
Posts: 1853
Founded: Aug 31, 2013
Ex-Nation

Postby The Miaphysite Church of Coptic Archism » Sat Sep 17, 2016 9:30 am

Protection of Women Endangered by Childbirth Act
|Author: Senator Đinh Tấn Lâm (Alternative)|
|Sponsors: Senator Markson (Liberal Democrats), Senator Diem (Labour Party), Senator Thu Tran (Alternative),
Senator Tan (Liberal Democrats), Senator Corbor (Social Liberal Party)|

An act to protect the lives of women endangered by childbirth by establishing specifics of the legality of abortion in these circumstances


Section 1: Definitions

1. Abortion, meaning the deliberate termination of a human pregnancy.
2. Endangered, meaning exposed to danger or imperiled.
3. Childbirth, meaning the process of giving birth to a child.


Section 2: Establishment of Endangered Status

1. When a medical professional believes that childbirth is likely to result in the death or serious injury of a pregnant woman, that woman is considered to be potentially endangered.
2. When a woman is considered to be potentially endangered, she must be given a second opinion from another medical professional.
3. If both medical professionals agree that a woman is likely to endure death or serious injury from childbirth, that woman is considered to be endangered.
4. If these medical professionals disagree on whether a woman is likely to endure death or serious injury from childbirth, that woman may request a third and final medical opinion.
5. If this final medical professional agrees that a woman is likely to endure death or serious injury, that woman is considered to be endangered.
5a. If this final medical professional does not agree that a woman is likely to endure death or serious injury, that woman is not considered endangered, and does not receive any of the legal rights granted with that status.


Section 3: Legal Rights related to Abortion

1. If a woman is considered to be endangered by her pregnancy, that woman is legally able to seek and undergo abortion of that pregnancy.
2. If a woman is considered to be endangered by her pregnancy, no medical professional involved in aborting that pregnancy will be considered to have committed a crime.
3. No medical professional who refuses to be involved in an abortion will be considered to have committed a crime.


Section 4: Additional Clauses

1. A woman who is determined to not be endangered by her pregnancy can be considered potentially endangered again, but the original medical professional who considered the pregnancy to be dangerous can not consider the same pregnancy potentially dangerous twice.
2. If an abortion is carried out while a woman is not considered to be endangered, and involved medical professionals are aware of this, neither the woman nor the involved medical professionals are legally protected under this legislation.
3. If a woman is proven to have deceived medical professionals in order to receive an abortion by claiming to be endangered, that woman is not legally protected under this legislation, but the involved medical professionals are protected as under Section 3, Clause 2.
4. This act intentionally does not legislate on punishments for illegal abortion, or the legality of abortion in any non-covered circumstances.

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