DRAFT CSC, Title 28.  Finance
Restrictive Measures

1141.  Finding.
1142.  Restrictions.
1143.  Disciplinary Action.

      1141.  Finding.
     It is the finding of the Legislature that the State is perilously close to a point whereby it may not be able to effectively deliver the services required by the public good and welfare unless strict measures are instituted and enforced at this time to generate new revenues, maximize revenue collection, reduce or cut spending, trim and streamline government operations, eliminate wasteful and corrupt practices which cheat the public of enormous fiscal resources, such as being paid for hours not worked, use of government means for private ends, letting contracts or agreements which place the government at a disadvantage directly as a result of contract negotiation and execution involving conflict of interest, and the like.

Source:  CSL 2-94-22, 1.

Editor's note:  CSL 2-94-22 that created this Chapter was signed into law by the Governor on October 29, 1994.

      1142.  Restrictions.
     The following restrictions are hereby instituted and shall be enforced until amended or repealed by law.

     (1 a)  There shall be no hiring or promotion, except within grade increases in accordance with the Public Service System Act.  Any vacancy in any activity of the government occurring after the effective date of this Chapter Act shall not be filled, except those involving activity heads and doctors, unless approved in the succeeding fiscal year budget act.

     (2 b)  There shall be no overtime unless the work required cannot be performed during the regular working hours and only if strictly screened and approved in advance in writing by appropriate supervisors.

     (3 c)  No employee shall be paid for hours not worked or for unexcused absence; punch-in cards or other similar methods shall be utilized to ensure presence of employees at worksites during working hours.

     (4 d)  No land shall be leased directly by the government or through an agent for use or constructor of any government project; upon expiration of an existing land lease, such land use shall be negotiated for outright purchase.

     (5 e)  There shall be no new housing, room, or space rental, lease, or purchase for personnel or office; existing rentals and leases shall not be renewed upon their expiration or termination; a housing allowance maybe included in the salary of only expatriate professional employees.

     (6 f)  There shall be no new vehicle purchase, rental, or lease unless funds are first appropriated and only for critical areas such as Health Services, Public Safety, and so forth; except for vehicles assigned to the Governor, Lt. Governor, Senate President, House Speaker, and Chief Justice, and vehicles used for or as an ambulance, police parol, and emergency utility operation, no vehicle shall be taken overnight or during weekends away from appropriate pooling area(s) as maybe designated and regulated by each of the heads of government and independent government agencies.

     (7 g)  No claims against the government shall be settled without thorough investigation; vigorous action shall be taken to ensure just and equitable settlement.

     (8 h)  Funds provided for the government fuel station managed by Public Works shall be a revolving fund to which all government activities requiring POL shall contribute by purchasing their fuel requirements; appropriate accounting of the revolving fund shall be strictly maintained and copies of quarterly reports of such accounting shall be made available to the Legislature.

     (9 i)  No account in any banking or money institution shall be established by any branch or agency of the government; existing independent accounts are hereby dissolved and all money therein shall be deposited in the general fund.

     (10 j)  No fund balance regardless of source, for any government activity which has been discontinued, shall be expended by an government branch or agency without prior approval of the Legislature.

     (11 k)  No pilot project involving funds not specifically earmarked in an appropriation act shall be undertaken by any government branch or agency without prior approval of the Legislature.

     (12 l)  There shall be no new contract or agreement unless approved with the consent of the Senate, notwithstanding other provisions of law, and only if revenues generated by such contract exceed expenses or only if expenditure through such contract will serve the public good.

     (13 m)  All provisions of law and regulation which prohibit improper, wasteful, corrupt, or illegal conduct or activities of all sorts shall be strictly enforced.

     (14 n)  The head of each branch of government, including boards and commissions, shall establish the basic needs of the activity under his management for the purpose of retaining useable vehicles or acquisition of new vehicles through the next fiscal year budget. All excess vehicles shall be disposed of by the head of each branch, board and commission in accordance with law or regulations. Household effects belonging to the government shall also be disposed of in accordance with law or regulations.  Proceeds from such disposition shall be deposited in the State General Fund.

Source:  CSL 2-94-22, 2, modified.

      1143.  Disciplinary Action.
     Strict disciplinary actions in accordance with law and/or regulations shall be taken against employees or otherwise who are found to be in violation of these restrictions and those already in effect, including prosecution and so forth. Neglect or disregard of the provisions of this Chapter Act and of duties and responsibilities of office are an impeachable offense.

Source:  CSL 2-94-22, 3, modified.