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| The '''Sunshine Act''' was a proposal that was to be kept in accordance with Sandaoguo's 2016 Great Council.
| | {{Infobox regional law |
| | | link = https://tspforums.xyz/thread-4117.html |
| | | constitutional = n |
| | | introduced_by = Sandaoguo, working group |
| | | date_passed = 26 May 2016 |
| | | date_repealed = <!-- leave blank for laws still in force --> |
| | }} |
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| The original debate can be found [https://tspforums.xyz/thread-4023.html here]. | | The '''Sunshine Act''' is a law passed by the [[Assembly of the South Pacific]] that requires governmental institutions to periodically publicize information contained in private government forums. |
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| The original vote can be found [https://tspforums.xyz/thread-4082.html here], and a summary table is here as well:
| | == History == |
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| {| class="wikitable" style="text-align: left;"
| | The law was originally adopted during the 2016 Great Council. |
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| ! style="width:20em;" |
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| ! style="width:20em;" |Sandaguo (Working Group Draft)
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| ! style="width:20em;" |No change
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| |-
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| |Sandaguo (Working Group Draft)
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| |0
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| |25
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| |-
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| |No Change
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| |2
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| |0
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| |-
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| |}
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| One (1) ballot was discarded for being incomplete.
| | The original debate can be found [https://tspforums.xyz/thread-4023.html here]. |
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| | The original vote can be found [https://tspforums.xyz/thread-4082.html here]. |
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| By a vote of 25-2 (92.59%), the proposal as proposed by Sandaoguo (Working Group Draft) was adopted by the Great Council of 2016. | | By a vote of 25-2 (92.59%), the proposal as proposed by Sandaoguo (Working Group Draft) was adopted by the Great Council of 2016. |
| This proposal was passed to be kept on 5-26-2016, 11:17 am. | | This proposal was passed on 5-26-2016, 11:17 am. |
| ==The Present Sunshine Act==
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| '''Sunshine Act'''
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| An act to periodically publish threads in private government forums
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| '''1. Documentation'''
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| (1) Discussion within a government institution that leads to a motion or a decision by that institution into taking deliberate action or inaction beyond that institution's inner working area is to be considered significant discussion.
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| (2) All significant private discussions of government institutions must be documented on the regional forums for the purpose of persistence and posterity.
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| (3) Significant discussions occurring via real-time communication methods may be quoted verbatim or reasonably summarized on the forums, as deemed most reasonable by that institution. If the communication via such a method cannot be saved, meeting minutes must be taken of that discussion.
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| '''2. Publishing of Discussions'''
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| (1) The significant discussions of an institution shall, in due time, be released for public archival accessible to all members of the South Pacific.
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| (2) The release of discussions shall occur at the following times:
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| *a. For a Cabinet term, discussions from the Cabinet shall be released no later than 6 months after the completion of that term.
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| *b. For a High Court case, they shall be released no later than 6 months after the ruling or, if appealed, the ruling on the appeal, has been announced.
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| (3) Discussions may be withheld from release if
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| *a. they are ongoing or directly related to another ongoing discussion,
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| *b. if the public release of information contained therein threatens the security of the region or an ally,
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| *c. if any personally identifiable information is contained therein, or
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| *d. if they contain diplomatic conversations with other regions or organizations.
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| (4) A discussion may be released in a redacted form by copying the discussion and censoring information not intended for public consumption. The normative copy of the discussion thread must then remain in the private forum.
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| (5) If reasonably possible, the institution should strive to release discussions containing classified information in redacted form, rather than withholding them. Any personally identifiable information must always be redacted upon release.
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| '''3. Audits of Discussions'''
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| (1) The High Court, as part of a case, may compel an institution to grant the Court insight into related discussions.
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| ==The Original Sunshine Act==
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| '''Sunshine Act'''
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| An act to periodically publish threads in private government forums
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| '''1. Publishing of Cabinet Discussion'''
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| (1) The discussions of the Cabinet shall be released every 8 months for public archival accessible to all members of The South Pacific.
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| (2) The Cabinet may institute a classification system to ensure that discussions that are still undergoing or discussions that would seriously threaten the security of the region are not released too early.
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| (3) The Cabinet shall regularly update the classification status of its discussions and not abuse the classification system to prevent its discussions from being published.
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| (4) The Cabinet may publish its discussions at earlier intervals if it wishes or has been petitioned to do so by a member.
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| '''2. Failure to Publish Cabinet Discussions'''
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| (1) The Cabinet may refuse to publish a discussion that has been petitioned by a member.
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| *a. The reasons for which as well as the discussions in questions must be made available to the High Court.
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| *b. The High Court may overturn the Cabinet refusal to publish a discussion.
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| (2) In the event that Cabinet discussions older than 8 months have failed to be published, the current Cabinet must publish those discussions in a speedy manner.
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| '''3. Publishing of High Court Proceedings'''
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| (1) The private discussions of the High Court, pertaining to a case, shall be made public after the period for an appeal has passed without an appeal being filed.
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| (2) Should an appeal be filed, private discussions pertaining to the case shall be withheld until after a ruling has been announced.
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| ==Amendments to the Sunshine Act==
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| ===Amendment 1===
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| '''Sunshine Act'''
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| An act to periodically publish threads in private government forums
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| <s>{{color|red|'''1. Publishing of Cabinet Discussion'''}}
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| {{color|red|(1) The discussions of the Cabinet shall be released every 8 months for public archival accessible to all members of The South Pacific.}}
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| {{color|red|(2) The Cabinet may institute a classification system to ensure that discussions that are still undergoing or discussions that would seriously threaten the security of the region are not released too early.}}
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| {{color|red|(3) The Cabinet shall regularly update the classification status of its discussions and not abuse the classification system to prevent its discussions from being published.}}
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| {{color|red|(4) The Cabinet may publish its discussions at earlier intervals if it wishes or has been petitioned to do so by a member.}}
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| {{color|red|'''2. Failure to Publish Cabinet Discussions'''}}
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| {{color|red|(1) The Cabinet may refuse to publish a discussion that has been petitioned by a member.}}
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| *{{color|red|a. The reasons for which as well as the discussions in questions must be made available to the High Court.}}
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| *{{color|red|b. The High Court may overturn the Cabinet refusal to publish a discussion.}}
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| {{color|red|(2) In the event that Cabinet discussions older than 8 months have failed to be published, the current Cabinet must publish those discussions in a speedy manner.}}
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| {{color|red|'''3. Publishing of High Court Proceedings'''}}
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| {{color|red|(1) The private discussions of the High Court, pertaining to a case, shall be made public after the period for an appeal has passed without an appeal being filed.}}
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| {{color|red|(2) Should an appeal be filed, private discussions pertaining to the case shall be withheld until after a ruling has been announced.}}</s>
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| {{color|green|'''1. Documentation'''}}
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| {{color|green|(1) Discussion within a government institution that leads to a motion or a decision by that institution into taking deliberate action or inaction beyond that institution's inner working area is to be considered significant discussion.}}
| |
| | |
| {{color|green|(2) All significant private discussions of government institutions must be documented on the regional forums for the purpose of persistence and posterity. }}
| |
| | |
| {{color|green|(3) Significant discussions occurring via real-time communication methods may be quoted verbatim or reasonably summarized on the forums, as deemed most reasonable by that institution. If the communication via such a method cannot be saved, meeting minutes must be taken of that discussion. }}
| |
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| {{color|green|'''2. Publishing of Discussions'''}}
| |
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| {{color|green|(1) The significant discussions of an institution shall, in due time, be released for public archival accessible to all members of the South Pacific. }}
| |
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| {{color|green|(2) The release of discussions shall occur at the following times:}}
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| *{{color|green|a. For a Cabinet term, discussions from the Cabinet shall be released no later than 6 months after the completion of that term.}}
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| *{{color|green|b. For a High Court case, they shall be released no later than 6 months after the ruling or, if appealed, the ruling on the appeal, has been announced.}}
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| {{color|green|(3) Discussions may be withheld from release if}}
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| *{{color|green|a. they are ongoing or directly related to another ongoing discussion, }}
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| *{{color|green|b. if the public release of information contained therein threatens the security of the region or an ally,}}
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| *{{color|green|c. if any personally identifiable information is contained therein, or}}
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| *{{color|green|d. if they contain diplomatic conversations with other regions or organizations.}}
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| {{color|green|(4) A discussion may be released in a redacted form by copying the discussion and censoring information not intended for public consumption. The normative copy of the discussion thread must then remain in the private forum. }}
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| {{color|green|(5) If reasonably possible, the institution should strive to release discussions containing classified information in redacted form, rather than withholding them. Any personally identifiable information must always be redacted upon release.}}
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| {{color|green|'''3. Audits of Discussions'''}}
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| {{color|green|(1) The High Court, as part of a case, may compel an institution to grant the Court insight into related discussions.}}
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| ====Debate====
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| The debate can be found [https://tspforums.xyz/thread-5977.html here]
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| ====Vote====
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| The vote can be found [https://tspforums.xyz/thread-6019.html here]
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| ====Table====
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| A summary table is here for convenience:
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| {| class="wikitable" style="text-align: left;"
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| |-
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| ! style="width:20em;" |Aye
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| ! style="width:20em;" |Nay
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| ! style="width:20em;" |Abstain
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| |-
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| |24
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| |1
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| |10
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| |-
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| | |
| |}
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| This amendment was passed with 68.57% saying "Aye", 2.86% saying "Nay", and 28.57% saying "Abstain".
| |
