Greetings, Arbiters.
Recently, EM has motioned one of their proposals to vote, which has also gained a second. As per the SOM, the Provost must then set up voting threads.
However, the proposal that was voted… doesn’t actually propose any actual changes to the law. Pretty sure that shouldn’t be able to be moved to vote.
But,
— Begin quote from ____
…2.2. Any Citizen may start a debate regarding any such bill or any other topic, in which said Citizen may introduce a Legislative Proposal, Resolution, or Proposed Amendment to the Concordat (hereinafter “Bill”).
— End quote
It is, technically, a proposal, that wishes to change some part of our legislature.
So my question is: What exactly is a “Legislative Proposal”? What are the traits that make it a “Legislative Proposal”, as a opposed to a normal Proposal?
I thank the Conclave for its time.
Also, if you see me try to make my own point in the proposal thread and ask why I’m asking this question, it’s cause I’m not super sure about this.
I believe you are referring to Discussion/Proposal: Major Overhaul to Citizenship System - Page 4 - The East Pacific - Tapatalk. As you suggest, the Standing Orders only allow sponsors to motion bills to a vote. What matters then is what fits the definition of a bill.
— Begin quote from ____
Any Citizen may start a debate regarding any such bill or any other topic, in which said Citizen may introduce a Legislative Proposal, Resolution, or Proposed Amendment to the Concordat (hereinafter “Bill”).
— End quote
So a bill is a legislative proposal, resolution, or proposed amendment. What are these? The Standing Orders answer this as well.
— Begin quote from ____
The Magisterium may exercise legislative action through three different kinds of bills:
…1. A “Legislative Proposal,” (also, “Proposal”) defined as a bill that, upon enactment, shall form part of the binding body of law of the East Pacific.
…2. A “Resolution,” defined as a bill outlining the non-binding opinion of the Magisterium.
…3. A “Proposed Amendment to the Concordat,” (also, “Amendment”) defined as a bill that, upon enactment, shall be placed before the voters of The East Pacific in referendum to amend the Concordat, in accordance with the relevant provisions of the Concordat.
— End quote
The discussion thread contains no proposal which shall form new law, so it is not a legislative proposal. It outlines no opinion of the Magisterium, so it is not a resolution. It does not even mention the Concordat, and outlines no amendment to its contents, so it is not a proposed amendment to the Concordat. Therefore, the discussion is not a bill and cannot be motioned to a vote under these Standing Orders.
I agree with Viceroy Wallenburg’s opinion, with one slight clarification. The discussion may not be motioned to a formal vote within the Magisterium, but nothing I can see prevents the setting up of an informal vote elsewhere for the purposes of gauging opinion; for example, in the Plaza or Clown Town. No binding effects would come of such an informal vote, of course.
I concur with the Viceroy - there is no drafted bill present in the thread that can be voted on. I want to note that nothing in my comment is an endorsement either way of anything being proposed, but I do want to use this quote from East Malaysia in the given discussion thread:
— Begin quote from ____
These are the effected laws: Concordat Article E & F, Citizenship Act, Regional Message Board Regulation Act, Delegate Elections Act, The Regional Officers Act, and Criminal Code will all need to be updated.
— End quote
In order for these sections to be updated, formally written legislation will need to be drafted that contains the actual legal text to be amended into the given laws. In the case of Concordat amendments, referenda will also need to be approved. Otherwise, what would the text of those laws actually say after this motion was approved? The Magisterium would need to indicate the language of the amendment.
As it happens, I am the individual who wrote the current version of SOM 2.1 and 2.2, and I can confirm that “Legislative Proposal” is simply the name I chose to describe a bill that is not one of the other categories (i.e., a bill that isn’t a Concordat referendum or a non-binding resolution.) In order for something to be a Legislative Proposal, it must be a bill. Bills are the mechanism through which the Magisterium makes legislation. The discussion thread linked here is not a bill, it is just that: a discussion of ideas.
I thank the Conclave for its time. I did not see SOM 2.1, so I apologize for my oversight.
Congrats Acronis on becoming an Arbiter! I feel like I missed that.