Failed Senate Committee Process Act, 2021

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EUKBICR

EUKBICR

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XanPlex said:
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A MOTION

To create the Senate Committee Process
Introduced into the Senate of the Union of Democratic States on the 17th day of June, 2021, by Senator Xandorian Plexora, and Senator Joesphto
As follows:
​

UNDERSTANDING that we must ensure initiatives and tasks to improve the region are executed properly,
REALIZING that the Senate has responsibilities natural to its creation of checking and balancing the other branches of government,
PROMOTING the proper execution of Senate tasks
BE IT ENACTED by the Senate:

Section 1: Definitions and Short Title
1. This Act shall be referenced as the "Senate Committee Process"

2. For the purposes of this act:
a. "Oversight" shall be defined as the act of ensuring another entity meets a predefined standard of behavior and efficiency
b. "Improvement" shall be defined as the general pursuit of bettering the Union
c. "Standing Committee" shall be defined as a currently existing committee
d. "Chair" shall be defined as the leader of the committee
e. "Ranking Member" shall be defined as the second-in-command OR the longest-serving member of a specific committee, whichever is most accurate
f. "Committee Mission" shall be defined as the goal/central task of the committee
g. "Valid Mission (VM)" shall be defined as a mission that is still essential and operating properly
h. "Mission Warrants Review (MWR)" shall be defined as a mission that needs reviews by the Senate
i. "Mission Invalid" shall be defined as a mission that is no longer essential or valid
j. "Hearing" shall be defined as a questioning, review, or investigation process within a committee
k. "Confirmation" shall be defined as the process to confirm or deny a nomination
l. "Subpeona" shall be defined as the process of mandating a witness to a hearing or the delivering of evidence
m. "Endorse" shall be defined as the pointed expression of support to a person, act, or entity
n. "Review" shall be defined as the process of careful evaluation of a proposed act

Section 2: Provisions
1. Hereby establishes the following rules and processes governing the Senate Committees
a. Charges the Speaker to nominate no more than 3 Senators to serve on a committee, one Senator at a time, to be approved by an absolute majority vote of the Senate
b. Clarifies that if the initial absolute majority vote fails, the Speaker and the Deputy Speaker must nominate a Senator other than themselves to be approved by a simple majority of the Senate
c. Clarifies that committee assignments are vacated at every general election
d. Mandates that the Senate fill any vacancies within 15 days of a new session
e. Mandates members of a committee to select amongst the members of the said committee a Chair and designate a Ranking Member. Further clarifies that the Ranking Member is either automatically the longest-serving member on the committee who is not the Chair, or if not applicable, an individual selected by committee members for the position.
f. Clarifies that only Senators shall serve on a committee unless otherwise authorized via absolute majority vote of the Senate
g. Limits a Senator from serving on no more than 4 committees unless otherwise authorized by an absolute majority vote of the Senate
h. Limits the Speaker and Deputy Speaker from serving on more than 3 committees, including the Committee on Committees, unless otherwise authorized by an absolute majority vote of the Senate
i. Mandates that every committee has a Committee Mission, which defines the general scope and goal of the committee
j. Mandates that the Senate reapprove or edit every committee's mission, after the Speaker issues a new rating and before approving the membership of the said committee
k. Hereby limits the dissolution of a committee to be approved by an absolute majority of the Senate
l. Clarifies that the Ranking Member acts as Chair in the Chair's absence.
m. Clarifies that the Chair or Ranking Member must initiate any official power of a committee, once approved by the committee.
n. Mandates that a committee has a designated Chair and Ranking Member before carrying out any business
o. Prohibits a Senator from serving as Chair on more than one Committee
p. Prohibits a Senator from serving as Ranking Member on more than one Committee
q. Clarifies that a Senator, excluding the Speaker, may serve as a Chair on one Committee and Ranking Member on another
r. Prohibits the Speaker from serving as a Ranking Member

2. Hereby establishes the Committee on Committees
a. Mandates the number of seats on the Committee on Committees to 3 seats, no more and no less
b. Secures the Chair position on the Committee on Committees for the Speaker
c. Limits the creation of committees from this point on to be an internal process, which takes place exclusively on the Committee on Committees.
d. Allows any Senator to propose a new Committee to the Committee on Committees. A proposal shall be approved by a 2/3 vote of members on the Committee on Committees.
e. Charges the Speaker with supervising every standing committee and to report progress on their mission back to the Senate as a whole in a monthly hearing
f. Charges the Speaker with keeping track of Committee Membership and Committee Missions
g. Requires the Speaker to review each standing committee's Mission at the beginning of every session after a general election or as needed and rate it with one of the following options: Valid Mission (VM), Mission Warrants Review (MWR), or Mission Invalid (MI).
h. Enables the Speaker to amend the committee process as they see fit for no longer than 30 days after the passage of this motion to ensure the proper execution and efficiency. Mandates the Speaker act in good faith, as determined by the Senate, when exercising this ability. Allows the Deputy Speaker to override the Speaker as related to this subsection. Allows an absolute majority to override the Speaker as related to this subsection.
i. Defines the "Committee Mission" of the Committee on Committees as "Committee on Committees: To oversee the Senate committees process as defined in the "Senate Committee Process". Enabled in the following committee powers: Hearing, Subpoena, and Endorse; Disabled in the following committee powers: Review and Claim; Exclusive powers: Can temporarily suspend committee members with a 2/3 vote, to create committees with a 2/3 vote, and to temporarily suspend committee operations with a 2/3 vote.
j. Suspensions of members must last no longer than 72 hours.
k. Suspensions of committees must last no longer than 144 hours.
l. A suspension must have a justified reason, as determined by the Attorney General or Chief Justice. The Committee on Committees may not suspend themselves. The Speaker may not suspend themself. The Committee on Committees does not need to gain anyone's approval to suspend, but a suspension may be overturned by the Chief Justice or Attorney General. May not suspend the same individual or committee twice within 24 hours.
m. Charges the Speaker to oversee the initial execution of this act
n. Charges the Speaker to select a Ranking Member from the members of the Committee on Committees
o. Prohibits any committee from conducting business when the position of Speaker is vacant

3. Hereby establishes the Senate Committee of Oversight and Improvement
a. Formally creates the Senate Committee of Oversight and Improvement, and charges the Senate to fill the vacancies within 15 days of this act's passage
b. Defines the "Committee Mission" of the Oversight and Improvement Committee as "Oversight and Improvement Committee: To promote the proper oversight of all government functions and to pursue the general improvement of government functions/initiatives. Enabled in the following committee powers: Hearing, Subpoena, Endorse, Review, and Claim; Disabled in the following committee powers: Confirmation"
c. Hereby charges the Oversight and Improvement committee chair to utilize the "Claim" power to recommend the committee take on the "States Project" from the Executive Branch within 30 days of the passage of this act

4. The process to create a committee
a. A committee must be proposed to the Committee on Committees as a Committee Mission, which is to include the proposed committee's title and mission. Example of Committee Mission: "COMMITTEES TITLE: BRIEF DESCRIPTION OF THE MISSION OF THE COMMITTEE; LISTING OF ENABLED POWER; LISTING OF DISABLED POWERS; LISTING OF EXCLUSIVE POWERS, IF APPLICABLE"
b. The Committee on Committees must call at least one public hearing during the deliberation process of a committee process
c. A Committee must be approved by a 2/3 vote on the Committee on Committee's
d. Prohibits the creation or dissolution of a committee when there are not 3 active members on the Committee on Committees

5. Hereby establishes the powers of the committee as the following
a. Hearing: The ability to call a hearing on matters related to the committee mission. The hearing may be called by the committee chair OR a simple majority vote of members. A hearing may be brought to an end by the committee chair, or a simple majority vote of members. Hearings may be public or private, at the discretion of the committee.
b. Confirmation: The ability to confirm executive appointees on behalf of the Senate, if specifically allocated in Committee Mission. If allocated, the confirmation, or failure thereof, of specific entities shall belong to said committee
c. Subpeona: The ability to Subpeona information of witnesses related to the Committee mission
d. Endorse: The ability to formally recommend action to a branch of government
e. Review: The ability to review any proposed legislation. A motion to review a proposal must pass a simple majority within the committee. If the motion to review passes, the Speaker must allocate an amount of time between 12-48 hours, extending the Senate’s consideration process for the committee to review. Legislation shall not move forward while being reviewed. Only one committee can review a proposal during the considerations process. If more than one committee passes a motion to review, the Speaker must decide which committee gets the ability to review the proposal. Several Committees may collaborate during the review process if the Chairs of said committees choosing. Once the review comes to an end, the committee chair must deliver a brief report of their findings, and if applicable, their recommended next step, including a recommendation to pass or not pass the proposal
f. Claim: The ability to recommend a committee take on a specific responsibility or task
g. Clarifies that multiple powers may be used at a time. Example: the ability to subpoena a witness during a hearing
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I invite sponsors Xan and Joesphto to introduce their bill.
 
Greetings Senators,

Thank you Speaker!

I find this bill to be essential, as it defines an otherwise vague and undefined area of Senate procedure. Furthermore, it will enable us to improve the efficiency of Senate functions and initiatives. It defines the process governing committees. It lays out rules to ensure fairness and stability.

It creates the Committee on Committees, charged with general oversight of all standing Senate committees and the creation of new committees.

It allows any Senator to propose a committee, pending approval of the committee on committees.

It creates the Oversight and Improvement committee, providing general government Oversight and exploring different paths to improving the region. It sets up a pathway, through the "Claim" committee power, for the Oversight and Improvement committee to recommend that they take up the "States Project" from the Executive branch, to ensure it is carried out effectively.

It allows senators to utilize different abilities on committees to ensure efficiency.

It grants Senators access to well-defined leadership opportunities.

Most importantly, as previously mentioned, it creates, defines, and enhances an area of Senate procedure otherwise vague and ineffective, thus essentially opening new pathways for the Senate to be efficient and productive.

I yield
 
Surely an absolute majority for every Senator nominated to be confirmed as a committee member is overkill, the Speaker- being elected by the Senate itself- is more than capable to make appointments without the approval of the entire chamber. The Speaker may confide in their Deputy, is that not enough to make an educated nomination. I propose an amendment to remove "To be approved by an absolute majority vote of the Senate" from Section 1, clause 1, subclause a and strike Section 1, clause 1, subclause b from the bill.
 
I do not believe that this bill is necessary or appropriate for two general reasons, first that I do not believe that committees are useful or necessary in our current structure and political climate. Second that I disagree with the structure of the bill. The first look t is obvious the most important .


Under previous senate rules, we were able to establish committees. This was, in fact, done. However you may not have heard of this because they did absolutely nothing. The only succesful examples of committees in our history is the two joint committees establish for a one time specific purpose which requires the coordination of multiple bodies. Senate only committees do no serve a purpose when our membership is smaller than most committees themselves.

I furthermore believe the "claim" power is an unconstitutional violation of the president's jurisdiction over executive matters, and st the very least flaunts the spirit of seperation of powers. I also believe the confirmation power to be unconstitutional, but I haven't looked closely at the section yet.

As to my second point, I would prefer that most of this bill be be rewritten as an amendment to the rules of procedure, maintaining only the editions which grant further power to the senate as a bill. This makes our rules easier to follow and understand and avoids the mess of consulting several different documents to know the rules


I of course thank you for your dedication and enthusiasm for the legalistive process.
 
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Sacento said:
Surely an absolute majority for every Senator nominated to be confirmed as a committee member is overkill, the Speaker- being elected by the Senate itself- is more than capable to make appointments without the approval of the entire chamber. The Speaker may confide in their Deputy, is that not enough to make an educated nomination. I propose an amendment to remove "To be approved by an absolute majority vote of the Senate" from Section 1, clause 1, subclause a and strike Section 1, clause 1, subclause b from the bill.
Click to expand...
I agree with your proposed amendment. Speaker, I withdraw he bill from consideration to make necessary changes. Thank you!
 
Glaciosia said:
I do not believe that this bill is necessary or appropriate for two general reasons, first that I do not believe that committees are useful or necessary in our current structure and political climate. Second that I disagree with the structure of the bill. The first look t is obvious the most important .


Under previous senate rules, we were able to establish committees. This was, in fact, done. However you may not have heard of this because they did absolutely nothing. The only succesful examples of committees in our history is the two joint committees establish for a one time specific purpose which requires the coordination of multiple bodies. Senate only committees do no serve a purpose when our membership is smaller than most committees themselves.

I furthermore believe the "claim" power is an unconstitutional violation of the president's jurisdiction over executive matters, and st the very least flaunts the spirit of seperation of powers. I also believe the confirmation power to be unconstitutional, but I haven't looked closely at the section yet.

As to my second point, I would prefer that most of this bill be be rewritten as an amendment to the rules of procedure, maintaining only the editions which grant further power to the senate as a bill. This makes our rules easier to follow and understand and avoids the mess of consulting several different documents to know the rules


I of course thank you for your dedication and enthusiasm for the legalistive process.
Click to expand...
Thank you for your response Senator! First off, the whole point of the bill is to better define and establish the process governing the Senate's committee processes. Committees allow the Senate to focus on multiple things at once while maintaining a certain degree of efficiency and productivity. I find them to be essential in any legislative body. For these reasons, I personally dismiss your claim that the bill is unnecessary.

Furthermore, the claim power is simple a recommendation. I repeat, a recommendation. Like, I recommend glac support this bill. Is that a violation of your constitutional rights? I don't believe so. To actually fulfill the recommendation, the Senate would have to obviously pursue other means. I can make this more clear in the bill, but I assumed that the bill wouldn't purposefully violate or attempt to change the constitution, because it isn't an amendment.

Additionally, the confirmation power, admittedly, can be better explain. My intention, and I can edit this better now that I've withdrawn the bill temporarily, is that the Senate gives authority to the committee to have the ability to confirm individuals on behalf of the Senate. To better explain, the current 5-member Senate can give a committee with an obviously lower amount of members the authority to confirm nominations on behalf of the Senate. This is a choice. Not a guarantee on any committee.

Thank you again!
 
XanPlex said:
I agree with your proposed amendment. Speaker, I withdraw he bill from consideration to make necessary changes. Thank you!
Click to expand...
There is no need to withdraw the bill, we will simply vote on the amendment at the end of the debate period and add it before the final vote.
 
The following amendments have been moved:
1. Remove "To be approved by an absolute majority vote of the Senate" from Section 2, clause 1, sub clause a.
2. Strike Section 2, clause 1, sub clause b from the bill.

Each amendment will be voted upon individually. Those in favour may say Aye, those against may say No.
 
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