Added Calli's proposed changes to make more notifications:
Clarification of the Land Sales Reclamation Act (NL 9-2 and CDSL 13-03) (Version 2.1)
Preamble
CDSL 13-03, which amends NL 9-2, establishes the procedures by which citizens, defaulting their payments, become delinquent, partially lose their citizenship, and finally cease to be citizens.
CDSL 13-03 worked under the assumption that (a) either citizens just have a single parcel or (b) there is a mechanism allowing to pay for all parcels simultaneously at the same date. The current system allows different parcels to be held by the same citizen, and each parcel's tier can be due at different dates. Fortunately, the writing of CDSL 13-03 is almost able to deal with the current system, and this bill just makes the following changes, for the sake of clarification:
Amend point 1 to read:
Citizens of CDS are expected to pay tier rentals to the CDS Treasurer in a timely fashion. Payment is to be done automatically, either via specific in-world devices design to collect citizen's payments, or similar mechanisms employing a web-based application. All money collected from tier is to be sent directly to the Treasurer (or a special tier-receiving account just created for the purpose of collecting tier). The due dates for tier are automatically processed by whatever mechanism is implemented and also automatically announced to the landowners by Instant Message, email, or another similar mechanism. In the case of a device failure, it is the responsibility of the Treasurer to make the required announcements manually.
On point 2, where it says:
... when they have failed to pay tier rental...
amend to read:
... when they have failed to pay tier rental for any of the parcels currently held under their name...
On point 2, remove:
... (which may be by IM or notecard) ...
And add instead to the end of point 2:
Notifications shall be made by at least Instant Message and sending the citizen a notecard, and additionally also via another, more reliable mechanisms of notification, like email (if available), private messages on the forums, or any similar mechanism where delivery is more guaranteed.
On point 3, where it says:
...who has failed timely to pay rental tier...
amend to read:
...who has failed timely to pay rental tier for all of the parcels currently held under their name...
Also on point 3, where it says:
... The citizen shall receive a notice (by IM or notecard) advising her or him ...
amend to read
... The citizen shall receive a notice (using the same mechanisms established on point 2) advising her or him ...
Amend point 5 to read:
Fourteen days after the due date on any of the parcels held by the landowner, if the landowner has continued to fail to pay the full amount then overdue to CDS for those parcels, then the Chancellor shall reclaim all parcels in arrears owned by the landowner. The reclaimed parcels are to be set for re-sale within 72 hours and, immediately before the sale, objects on those parcels will be returned to the previous landowner.
Delete point 6, which is subsumed by previous points.
Add two new points between 7 and 8:
7A. In case the citizen in arrears had their land partially or totally reclaimed for lack of payment, but is able to notify either the Chancellor or the Scientific Council of their intention to continue payments before the re-sale of the parcels, then they are allowed to buy them back for the listed price (which is considered a fee for having payment in arrears).
7B. In case of conflicts regarding improper payments, payments sent but not received or accounted for, and doubts about payment dates related to device failure, or to the failure of the Executive to properly notify citizens in accordance with this Act, the citizen can apply for recourse to the Scientific Council, by notifying the Dean of the Scientific Council via notecard, email, or any similar method deemed adequate. Once the recourse is accepted by the Scientific Council for further review, the eviction mechanism is temporarily suspended until the Scientific Council announces its decision. Abusing the recourse mechanism may be subjected to fees, at the discretion of the Scientific Council.
Comment
CDSL 13-03 imposes very strict rules for dealing with tier payments, and explains very precisely what happens if a citizen defaults payments. Since at that time all payments were due at the same date, it was easier to know, at a glance, who was delinquent or not. Under the current system, payments can happen at any time. This bill proposes, to keep within the spirit of strictness of CDSL 13-03, and taking into account that the current devices allow pre-payment of tier, that failure to pay for all parcels in due time immediately revokes the citizens' right to vote or hold an office in the CDS.
It further clarifies that the Treasurer is responsible to make sure that citizens are properly notified, and that the claiming of parcels from a delinquent landowner is the role of the Chancellor. Furthermore, for consistency with other laws, this bill limits the time that a parcel can be held vacant without being offered for re-sale (to 72 hours).
On the other hand, technical difficulties are frequent in Second Life, and even the best mechanisms fail. To avoid unlawfully punishing any citizen who made a serious attempt to pay tier without being able to do so due to technical (or procedural) failure, the right to appeal to the Scientific Council was explicitly added, as well as a 'last chance' opportunity to buy back the land that was claimed before it goes on public sale.
Changes from version 1.0:
Clarify that citizenship is only made 'temporary' if all parcels are in arrears. Keeping at least one parcel current on payments is sufficient for full citizenship.
Clarify that only land in arrears will be claimed.
Clarify that at least two reasonably reliable methods of notification are required
Added the 'last chance' opportunity to buy back the land if it hasn't been sold yet (i.e., within the 72-hour-period for the re-sale). In this case, the fee for having overdue payments is the cost of buying the land back.
Because of that, objects are only to be returned at the moment of the re-sale, and not earlier, to give the delinquent citizen a 'last chance' to keep the land as it was.
Changes from version 2.1:
Made explicit that notifications for reclaims and information on reduced citizenship status shall be at least by IM and notecard and a third way with guaranteed delivery.