Failed Motion to Repeal Citizenship Act (UL-006) and Honorary Citizenship Act (UL-017) and to Amend Criminal Code Act (UL-004)

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North Plegia

North Plegia

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Jan 16, 2021
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A MOTION

To repeal and replace the Citizenship Act and the Honorary Citizenship Act, combinining their provisions into one statute, and to amend the Criminal Code Act.
Introduced into the Senate of the Union of Democratic States on the 9th of March, 2022, by Glaciosia and Guess and Check
As follows:
​
BELIEVNG the Citizenship Act to be a noble attempt to fulfill the Union’s requirements for such a statute;
UNDERSTANDNG the importance of preserving the highest quality of legislation;
UNDERTAKING the task of updating our legislation for new legal paradigms;


Section I: Definitions & Short Title

1. The Oath is the official statement of allegiance to the Union of Democratic States and is cited as follows: "I do solemnly swear that I bear true allegiance to the Union of Democratic States, that I will faithfully obey and have read the laws and Constitution of the Union, and that I will never deceive, disrespect, damage, or otherwise neglect the Union of Democratic States."

2. The “Applicant” is the resident nation that is applying or has applied for Citizenship in the Union of Democratic States.

3. For the purposes of this act, the “Ministry of the Census” and the “Minister of the Census” are the Ministry and Minister, respectively, empowered by the President to process Citizenship Applications and records.

4. The “Region” is the “The Union of Democratic States” region on NationStates.

5. A “Resident” is a person solely controlling a nation within the Region.

6. A Resident’s “Resident Nation” is the nation which they control within the region.

7. This act may be referred to as the “Citizenship and Status Act”

Section II: Application Process

1. A Resident may apply for Citizenship within the Union of Democratic States.

2. A valid application shall follow the process as established by the Executive and include the Applicant’s:
a. Resident Nation
b. Other nations
c. Explicit agreement to the Oath, as provided for in the application.
d . Any other items as established by Executive Order.

3. The Executive shall establish a policy for the acceptance of Citizenship Applications that protects the Union’s values, security and integrity. This must be applied in a reasonable and fair manner.

4. An Applicant may appeal the denial of their application to the Supreme Court, who may overturn it by an unanimous decision.

5. Upon approval or denial of an application, a notification on the forum and NationStates shall be made. Any denial of an application shall be given with a clear and public explanation of the reasoning for such denial.

6. An Applicant becomes a Citizen immediately upon the approval of their Application.

7. An accurate and public record of the Union of Democratic States’ Citizenship Roster must be maintained by the Ministry of the Census, containing Citizen’s Resident Nation and all other information required for the implementation of this and other laws.

Section III: Residency, Citizenship and Honorary Citizenship

1. A person whose Resident Nation does not exist within the Region shall no longer be a Resident.

2. Unless a request to change Resident Nations is submitted to the Ministry of the Census, a Citizen's Resident Nation shall be maintained as their Resident Nation at the time of application.

3. Citizens must maintain Residency in the Union of Democratic States to exercise the rights of Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed.
b. This shall not in itself result in the removal from office of a non-Resident Citizen.

5. Following a reasonable amount of time, the Ministry may revoke the Citizenship of non-Resident Citizens, but shall retain a record of their Citizenship.

6. At the initiative of the Executive, Citizenship acquired through a falsified or otherwise invalid application may be annulled through a court case.

7. In the absence of extenuating circumstances, the Ministry of the Census shall approve the Citizenship Applications of former Citizens who lost Citizenship due to their loss of Residency.

8. Individuals who have served the Union in an exceptional manner may be granted Honorary Citizenship.

9. Individuals may be granted or rescinded Honorary Citizenship after a Motion in the Senate is passed to this effect and is assented to by the President.

10. Holders of Honorary Citizenship may, without needing to hold citizenship, participate in the region as a citizen or resident would be able to except in cases of governance. These exceptions include, but are not limited to, voting in elections and acting as government agents or officials.

11. The President shall maintain a Hall of Fame for all current Honorary Citizens.

Section IV: Implementation

1. The Honorary Citizenship Act is repealed.
A. All grants of Honorary Citizenship shall continue to be valid.

2. A subclause shall be inserted before Section 2, Clause 1, Subclause 4 of the Criminal Code Act reading “The Revocation of Citizenship, and the permanent or temporary proscription from applying for or receiving Citizenship”
 
its a rewrite to improve bill please pass thx
 
First I would like to thank Dome and Kron for their contributions to the bills this acts upon, and further thank zuk for their grace in allowing me to exact my vision upon this bill.

Speaking on the bill itself, I believe this will make our law library more concise and effective while bringing our rules of citizenship into the modern era.
 
Whilst the intent of this act I am sure is good, theres issues... I have with it...

For starters, and more of a personal quibble, I utterly despise the omnibus nature of this bill. Why on Earth is this a repeal and replace and a motion to amend. We've done omnibus amendments and omnibus repeals and replaces before but not the two together. For me, its just poor bill writing.

Meanwhile, onto the meat, whilst I do like the simplification insofar as residency is concerned that is one of the few improvements I can see here.

In short this bill envisions citizenship to be a) tied to residency and b) citizenship is lost after residency is lost but only after the Ministry of the Census arbitrarily decides to revoke it. Except it is also implied that 'non-resident citizens' aren't able to exercise their citizenship rights but are still classified as citizens?

I hope the overcomplicated nature of this is self-explanatory. I wont pretend the current system is much better, but that is why I propose an alternate system:
- Citizenship is gained by Residents who also have other criteria (the oath, etc.)
- Citizens can do all that citizens are able to do so
- In order to keep citizenship residency, among other things (like criminal punishments), must remain
- The MoCen conducts regular citizenship checks and if during a check a citizen fails any of ^ these requirements they are given 48 hours to rectify the issues upon notification
- After these 48 hours anyone not rectifying the issue has their citizenship revoked

Anything not changed here you can assume remains as in this draft (Supreme Court overturning denials, and public justification for a denial)

I feel like my system is a) simpler because it doesn't deal with having a legally distinct 'non-citizen resident' which I feel is overly messy and b) is more transparent and clear on how someone loses citizenship whilst being appropriately lenient on nations which simply Cease to Exist
 
I have no issues with this bill's nature as an omnibus and I don't think it beneficial to split this into two separate motions just because.

But I do think the system you are suggesting is probably better yeah
 
I propose the following amendments:
1. Section 2.7 shall have the words "containing Citizen’s Resident Nation" to "containing the Resident Nations of all Citizens".
2. Section 3.3 and its subclauses shall be replaced with the following: "
3. Citizens must maintain Residency in the Union of Democratic States and not be found guilty of a High Crime in accordance with UL-004 Criminal Code Act to maintain Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed."
3. Section 3.4 shall be replaced with the following:
"The Ministry of the Census shall hold regular checks to ensure all Citizens meet the above requirements. Citizens who fail to meet said requirements shall be notified by the Ministry on forums and other communications platforms as appropriate. Should said Citizen fail to rectify the issue within 48 hours of forum notification, their Citizenship shall be removed."
 
The following amendments have been proposed:

1) Replace "containing Citizen’s Resident Nation" to "containing the Resident Nations of all Citizens" in Section 2, Clause 7 of the motion.

2) Fully replace Section 3, Clause 3 of the motion with the following-
"3. Citizens must maintain Residency in the Union of Democratic States and not be found guilty of a High Crime in accordance with UL-004 Criminal Code Act to maintain Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed."

3) Full replace Section 3, Clause 4 with the following:
"The Ministry of the Census shall hold regular checks to ensure all Citizens meet the above requirements. Citizens who fail to meet said requirements shall be notified by the Ministry on forums and other communications platforms as appropriate. Should said Citizen fail to rectify the issue within 48 hours of forum notification, their Citizenship shall be removed."

Those in favour of the amendments say Aye, on the contrary No.
 
I move to overrule the Speaker's decision to close debate and start voting on the ground that it is not permissible within the Rules of Procedure
 
A more appropriate motion would be to protest a violation of Rules of Procedure. In any case, the objection is sustained and the decision will be reversed.
 
Zukchiva said:
I propose the following amendments:
1. Section 2.7 shall have the words "containing Citizen’s Resident Nation" to "containing the Resident Nations of all Citizens".
2. Section 3.3 and its subclauses shall be replaced with the following: "
3. Citizens must maintain Residency in the Union of Democratic States and not be found guilty of a High Crime in accordance with UL-004 Criminal Code Act to maintain Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed."
3. Section 3.4 shall be replaced with the following:
"The Ministry of the Census shall hold regular checks to ensure all Citizens meet the above requirements. Citizens who fail to meet said requirements shall be notified by the Ministry on forums and other communications platforms as appropriate. Should said Citizen fail to rectify the issue within 48 hours of forum notification, their Citizenship shall be removed."
Click to expand...
I wish to replace the above second amendment with the following:
"
Section 3.3 and its subclauses shall be replaced with the following: "
3. Citizens must maintain Residency in the Union of Democratic States to maintain Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed."

So the amendments are:
1. Section 2.7 shall have the words "containing Citizen’s Resident Nation" to "containing the Resident Nations of all Citizens".

2. Section 3.3 and its subclauses shall be replaced with the following:
"3. Citizens must maintain Residency in the Union of Democratic States to maintain Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed."

3. Section 3.4 shall be replaced with the following:
"The Ministry of the Census shall hold regular checks to ensure all Citizens meet the above requirements. Citizens who fail to meet said requirements shall be notified by the Ministry on forums and other communications platforms as appropriate. Should said Citizen fail to rectify the issue within 48 hours of forum notification, their Citizenship shall be removed."
 
Regarding the proposed amendments:

I'm fine with the alterations to Section 2, 7. And whilst I can imagine the edited Section 3, 3 resulting in pain over what constitutes an illegal ejection I can not find a better wording currently.

Meanwhile, the revised Section 3, 4 ought to have a single change made: "on forums and or other communications platforms as appropriate" Requiring a a notification on the forum is needless bureaucracy when other platforms which the resident is more active exist.

Now, following a closer re-reading of the bill at larger I have discovered further faults apart from those already listed:

1). Section 1, 3 limits the President's power to process citizenship applications and passes it, wholly, off to a Ministry and Minister. Pretty sure that's unconstitutional, the President has to remain able to use the powers assigned to the office. Additionally, I am not entirely sure if a law can dictate how the President's powers can be delegated: Article 3, Section 6, D states that additional powers can be given to the President which may then be delegated to others - not that extant powers can be regulated via legislation.

2). Section 1, 3 in itself has two very different interpretations: EITHER it means that the 'Ministry/Minister of the Census' within this act is a term which refers to all Ministries established which deal with citizenship or it specifically creates a singular Ministry/Minister of the Census which deals with citizenship. Personally, I hold no qualms over which interpretation is intended, the language ought to be more clear though.

3). Section 2, 5 is redundant and painful. Whilst those accepted into or denied citizenship ought to be informed there is utterly no reason for why this should occur in the public thread, via a private forum message and telegram. Instead, I move to amend Section 2, 5 to read as follows:

"5. Upon approval or denial of an application, the applicant shall be informed as appropriate. Any denial of an application shall be given with a clear and public explanation of the reasoning for such denial."
 
Proposing more another amendment to deal with what Kron said after editing the ones I already proposed;

Section I, Clause 3 shall be replaced in full by the following: "For the purposes of this act, the “Ministry of the Census” shall be a Ministry that is established by this Act to assist the President in processing Citizenship Applications and records. It shall be lead by a Minister titled "Minister of the Census"."

So the amendments I am proposing now in their current form:

1. Section I, Clause 3 shall be replaced in full by the following: "For the purposes of this act, the “Ministry of the Census” shall be a Ministry that is established by this Act to assist the President in processing Citizenship Applications and records. It shall be lead by a Minister titled "Minister of the Census"."

2. Section 2.7 shall have the words "containing Citizen’s Resident Nation" to "containing the Resident Nations of all Citizens".

3. Section 3.3 and its subclauses shall be replaced with the following:
"3. Citizens must maintain Residency in the Union of Democratic States to maintain Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed."

4. A Section 3.4 shall be inserted between Section 3.3 and 3.5 It shall read as follows:
"The Ministry of the Census shall hold regular checks to ensure all Citizens meet the above requirement(s). Citizens who fail to meet said requirement(s) shall be notified by the Ministry on the forums or other communications platforms as appropriate. Should said Citizen fail to rectify the issue within 48 hours of their earliest notification, their Citizenship shall be removed."

5. Section 3.5 shall be deleted and the following clauses renumbered as appropriate.
 
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Okay changing my Section I amendment to the following to keep Glac's original intent:

Section I, Clause 3 shall be replaced in full by the following: "For the purposes of this act, whichever Ministry and Minister the President decides to delegate the power of processing Citizenship Applications and records to shall be referred to as the "Ministry of the Census" and the "Minister of the Census"."

So the amendments I am proposing now in their current form:

1. Section I, Clause 3 shall be replaced in full by the following: "For the purposes of this act, whichever Ministry and Minister the President decides to delegate the power of processing Citizenship Applications and records to shall be referred to as the "Ministry of the Census" and the "Minister of the Census"."

2. Section 2.7 shall have the words "containing Citizen’s Resident Nation" to "containing the Resident Nations of all Citizens".

3. Section 3.3 and its subclauses shall be replaced with the following:
"3. Citizens must maintain Residency in the Union of Democratic States to maintain Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed."

4. A Section 3.4 shall be inserted between Section 3.3 and 3.5 It shall read as follows:
"The Ministry of the Census shall hold regular checks to ensure all Citizens meet the above requirement(s). Citizens who fail to meet said requirement(s) shall be notified by the Ministry on the forums or other communications platforms as appropriate. Should said Citizen fail to rectify the issue within 48 hours of their earliest notification, their Citizenship shall be removed."

5. Section 3.5 shall be deleted and the following clauses renumbered as appropriate.
 
with that being said i motion to close debate
 
The following amendments have been proposed:

1) Section 1.3 shall be replaced in full by the following: "For the purposes of this act, whichever Ministry and Minister the President decides to delegate the power of processing Citizenship Applications and records to shall be referred to as the "Ministry of the Census" and the "Minister of the Census"."

2) Section 2.5 to read as follows: "Upon approval or denial of an application, the applicant shall be informed as appropriate. Any denial of an application shall be given with a clear and public explanation of the reasoning for such denial."

3) Section 2.7 shall have the words "containing Citizen’s Resident Nation" to "containing the Resident Nations of all Citizens".

4) Section 3.3 and its subclauses shall be replaced with the following:
"3. Citizens must maintain Residency in the Union of Democratic States to maintain Citizenship.
a. This does not preclude a Citizen engaging in legal action to restore their residency through the Supreme Court, or a Citizen from exercising their rights should their Resident Nation be illegally removed."

5) A Section 3.4 shall be inserted between Section 3.3 and 3.5 It shall read as follows:
"The Ministry of the Census shall hold regular checks to ensure all Citizens meet the above requirement(s). Citizens who fail to meet said requirement(s) shall be notified by the Ministry on the forums or other communications platforms as appropriate. Should said Citizen fail to rectify the issue within 48 hours of their earliest notification, their Citizenship shall be removed."

6) Section 3.5 shall be deleted and the following clauses renumbered as appropriate.

Those in favour of each amendment say Aye, on the contrary No.
 
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