Bill: Rejected P.B. 01-027 | State Construction Company Act

[SeminoTV]

A
Bill
To
Establish a State Construction Company​

1 - Short Title and Enactment
(1) This Act may be cited as the ‘State Construction Company Act’ or ‘SCC-Act’.
(2) This Act may be numbered as P.B.01-### (to be assigned by the Office of the Speaker).
(3) This Act shall be enacted immediately upon its signage.
(4) This Act is authored by MP SeminoTV.
(5) This Act is co-sponsored by MP Capt11543.

2 - Reasons
(1) The State possesses no reliable means to build necessary infrastructure.
(2) The State Construction Company creates a direct link with the public and the private market and establishes a mutual cooperation between them.

3 - Establishment
(1) The State Construction Company (herein referred to as the S.C.C.) is through this Act established and is tied to the content of this Act. Any modification to the Company’s integral parts has to be followed through by an amendment to this Act.
(2) The S.C.C. is a Construction Company owned by the State. It shall be considered a Public Entity under the Legal Entity Act, whose formation instrument is this Act, and shall operate under a non-profit guideline for the public and their benefit.
(3) The S.C.C. operates under the management of the Ministry of Trade and Finance (MoTF) and the Ministry of Development (MoD). The MoTF is responsible for the finances of the Company and the MoD for its direction.
(4) The S.C.C. operates from their own personal Headquarters, which must be on government-owned property.

4 - Functions of the S.C.C.
(1) The S.C.C. primarily serves to further government building initiatives.
(2) The S.C.C. is responsible for the building of public infrastructure. Such things include, but are not limited to, roads, public buildings, tram stations, government buildings and more.
(3) The S.C.C. buys the needed construction materials from the private market to stimulate economic activities. Thereby it should take care not to favor any particular person or entity in selecting contract recipients to prevent corruption and capital accumulation.
(4) The S.C.C. shall not engage in building contracts with private individuals or entities. The S.C.C. is a public institution and only provides construction services to the Crown.

5 - Structure of Governance
(1) The S.C.C. is under direct maintenance and supervision of the MoD and the MoTF.
(2) The S.C.C. is led and represented by a Company Deputy (herein referred to as the C.D.). The C.D. is responsible for the operations and their execution.
(a) The C.D. is appointed on a bi-monthly basis by the Minister of Development. The MoTF may be involved in the appointment. The same person may be reappointed. The C.D. may not simultaneously operate on the private market and may not be a Member of Parliament.
(b) The tasks of the C.D. includes the day to day operation of the S.C.C. and its management. The C.D. appoints the employees of the S.C.C. and instructs them on their tasks. The C.D. submits a monthly report on the activities of the S.C.C. to the parliament. After 48 hours of Parliament reviewing the report it will be opened for the public.
(c) The C.D. may be removed by the MoD or a motion of Parliament if they’ve been charged for gross misconduct, conviction of a serious crime, persistent neglect of duties or permanent incapacitation rendering them unable to perform their duties. The motion of Parliament requires a simple majority.
(3) The MoTF appoints one representative, referred to as the Treasurer, from their ministry to watch over and manage the finances of the S.C.C. The appointee must not be the Minister or the Secretary of the MoTF.
(a) The Treasurer is appointed on an indefinite basis, but may be recalled at any time by the MoTF with proper reasoning. A member of Parliament may start a motion to remove the current Treasurer if they deem it to be necessary. The motion requires a simple majority. The same person may not be Treasurer again for 3 months.
(b) The Treasurer compiles a monthly report on the expenditures of the S.C.C. and sends it to the Secretaries of the MoD and MoTF. If the S.C.C. requires financial resources they may send a request to the MoTF or the MoD.

6 - Process of Projects
(1) The MoD sends potential projects to the C.D. If a member of Parliament wishes to submit a potential project they may initiate a motion for it. The motion requires a simple majority to succeed.
(2) The C.D. and the Treasurer work together to manage the S.C.C. The C.D. and the Treasurer converse on ongoing and planned projects. A project has to receive both the approval of the C.D. and the Treasurer in order for the work to begin.
(3) If, in the midst of an ongoing project, either the C.D. or the Treasurer wants to rescind their approval, they must file a formal notice to both the MoD and MoTF and explain why they have done so. If both Ministries agree with the notice the project will be shut down. If the Ministries can not agree on a common solution then a motion to Parliament will be filed. If the motion reaches a simple majority the project must be stopped immediately.
(4) The C.D. must announce the accepted projects within 24 hours after they’ve been accepted to the public. The public may comment in official channels on the projects for at least a period of 48 hours. Public comment may continue until the project has been finished.