[19-20] The Government Reform Act of 2020

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[19-20] The Government Reform Act of 2020

Post by Toretto » Fri May 29, 2020 8:02 am

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THE GOVERNMENT REFORM ACT OF 2020

SPONSORED BY: Lieutenant Governor Moreno
CO-SPONSORS: Governor Richardson
SENATE BILL N°20-19



An act to reform the structure of the State Government and make amendments to the State Constitution, the San Andreas Treasury Act of 2020, the Whistleblower Protection Act of 2020 and the Executive Authority Act of 2020.


THE PEOPLE OF THE STATE OF SAN ANDREAS DO ORDAIN AS FOLLOWS:


Section 1. SECTION II OF ARTICLE I OF THE SAN ANDREAS STATE CONSTITUTION IS AMENDED TO READ:
  1. The Government of San Andreas shall have an Executive Branch composed of the Governor of San Andreas, the Lieutenant Governor of San Andreas, the Secretary of State, the Attorney General, the Secretary of Health, the State Treasurer, the State Auditor and the Secretary of Education, responsible for long-term oversight of the State Government's well-being and relevant executive action.
  2. The executive branch shall consist of the Bureau of Elections which shall be responsible for the fair running and maintaining of all San Andreas State elections. The Secretary of State shall be responsible for the running of the Bureau of Elections.
  3. The Governor shall have property management rights for the Governors Estate and the surrounding area at Verdant Bluffs.
  4. The Governor shall have the power to veto any legislation within FOURTEEN (14) days of its passing the State Senate.
  5. The Governor and Lieutenant Governor shall have the power to award any citizen the 'Governor's Distinguished Service Medal', which may be displayed as a ribbon by members of government agencies.
  6. The Governor shall have the power to pardon, commute, and reduce criminal sentences at their discretion.
  7. The Governor shall have the power to issue Executive Orders.
  8. The Governor shall have the power to impose the Death Penalty.
  9. The Governor and Lieutenant Governor may issue a state of emergency at their discretion to:
    • Mobilize the National Guard.
    • Issue emergency funds.
    • Control access of harbors, airports and highways, roadways and public facilities.
    • Temporarily manage State Agencies and their facilities. (( w/ HoF/Management ))
  10. The Governor shall be able to veto appointments to State Agency Leadership, and remove any employee of any State Agency, including the executives of these agencies from their positions at their discretion.
  11. The Governor shall be able to remove the Secretary of State and any State Senator from their position at their discretion.
  12. The Governor shall be able to remove the Secretary of State, the Attorney General, the Secretary of Health, the State Treasurer, the State Auditor, the Secretary of Education and any State Senator from their position at their discretion. The Lieutenant Governor, with the consent of the Governor, may remove the Secretary of State, the Secretary of Health, the State Treasurer, the State Auditor, and the Secretary of Education.
  13. The Secretary of State shall be responsible for the administration and operation of the Departments of State in accordance with the Constitution of the State of San Andreas.
  14. The Secretary of State shall be responsible for the administration and leasing of State-owned lands and properties under the supervision of the Governor and Lieutenant Governor.
  15. The Secretary of State shall have the power to promote, demote, appoint and remove individuals within the Departments of State with good cause.
Section 2. SECTION I, II AND III OF ARTICLE II OF THE SAN ANDREAS STATE CONSTITUTION IS AMENDED TO READ:
Section I. Elected Positions
  1. The Governor, Lieutenant Governor, and Secretary of State shall be elected positions. (( The Governor and Lieutenant Governor shall be appointed in co-ordination with Management. Secretary of State may face an actual election. All three should be role-played as "elected positions" to make sense from an in-character perspective regardless. ))
  2. The Governor and Lieutenant Governor shall be elected positions. (( The Governor shall be appointed in co-ordination with Management. Lieutenant Governor may face an actual election at Server Management's discretion. Both should be role-played as "elected positions" to make sense from an in-character perspective regardless. ))
  3. Senators of the State of San Andreas Senate shall be elected positions.
  4. Candidates running for an elected position shall be United States citizens and residents of the State of San Andreas.
Section II. Calling Elections
  1. Elections for the position of Secretary of State shall begin every six (6) months, unless otherwise ordered by the Governor of San Andreas.
  2. Elections for the position of Senator shall begin every six (4) months, unless otherwise ordered by the Governor of San Andreas.
  3. Should the Secretary of State or any Senator resign, be removed from office or become permanently incapacitated, the Governor shall have the power to appoint another person to fill the vacancy until another election takes place.
  4. Should the Lieutenant Governor or any Senator resign, be removed from office or become permanently incapacitated, the Governor shall have the power to appoint another person to fill the vacancy until another election takes place.
Section III. Election Process
  1. Elections shall be maintained by the Bureau of Elections, which is responsible for ensuring a timely election and all supplementary guides, policies and rules for elections. This information shall be made publicly and easily available.
  2. The Bureau of Elections shall investigate any allegations of rule breaking by the candidates and have the power to disqualify candidates who violate policies set by the Bureau of Elections.
  3. Candidates shall make public a manifesto or platform of their ideas and goals.
  4. At least FOURTEEN (14) days of campaigning shall take place during the Election period.
  5. Campaigning ends when the first round of voting begins. No additional promotion or advertising may take place.
  6. Polling locations shall be widely available, accessible to the public and be kept safe & secure during voting.
  7. Voting shall take place in however many rounds is stipulated by the Bureau of Elections and shall be at least 72 hours (3 days) long.
  8. The winner of the Election shall assume office after the elections have ended and when formally sworn in by either the Governor, Lieutenant Governor, or Speaker of the Senate.
Section 3. ADDENDUM II OF THE SAN ANDREAS STATE CONSTITUTION IS AMENDED TO READ:
  1. The Jurisdictions of the State Government of San Andreas shall be:
    • Property management rights for all hospitals, medical centers, clinics, or other healthcare institutions, that are not privately owned, in the State of San Andreas. This includes, but is not limited to;
      • All Saints General Hospital,
      • County General Hospital,
      • Crippen Memorial Hospital,
      • Fort Carson Medical Center.
    • Property management rights for City Hall, the Verona Mall and its adjacent parking area/sidewalks and the Nixon Estate.
    • Property management rights for City Hall, the Capitol Building, the Verona Mall and its adjacent parking area/sidewalks, the Nixon Estate and the Governor's Estate.
    • Property management rights for all energy resource sites, quarries and oil fields, which are not privately owned.
    • The power to write contracts with the Lieutenant Governor's signature, which may be reviewed and contested by the State Legislature.
    • The power to appropriate funds within contracts with the consent of the State Legislature.
    • The power to maintain the Office of the Press Secretary, the Office of the State Auditor, the Treasury Department, the Bureau of Licensing and Consumer Protection, the Department of Health and Social Services, the Department of Labor, Transportation and Public Utilities, and the Department of Education.
    • The power to maintain the Office of Press Secretary, the State Department, the Department of Health, the Office of the State Auditor, the Treasury Department and the Department of Education.
    • The power to manage other departments/bureaus/agencies that are within the jurisdiction.
    • The power to issue fines, licenses and regulate businesses.
    • The power to impound vehicles violating (11)04. Parking Violation.
    • The Department of Health and Social Services shall be led by a Director and report to the Secretary of State. The Department of Health shall be responsible for:
    • The Office of Press Secretary shall be led by the Press Secretary and report to the (Lieutenant) Governor.
    • The State Department shall be led by the Secretary of State and report to the (Lieutenant) Governor.
    • The Department of Health shall be led by the Secretary of Health and report to the (Lieutenant) Governor and shall have:
      • The power to regulate, issue, and create medical licenses for practice in the State of San Andreas
      • The power to regulate health codes and inspect facilities for health safety.
      • The power to issue health emergencies and establish triage facilities where necessary.
    • The Office of the State Auditor shall be led by the State Auditor and report to the (Lieutenant) Governor.
    • The Treasury Department shall be led by the State Treasurer and report to the (Lieutenant) Governor.
    • The Department of Education shall be led by the Secretary of Education and report to the (Lieutenant) Governor.
    • The Secretary of State may formulate and investigative committee with the consent of the (Lieutenant) Governor with the power to subpoena and have access to records not normally accessible to the public to report on issues and make recommendations to the Governor's Office.
    • The (Lieutenant) Governor may permit the establishment of an investigatory committee with the power to subpoena and have access to records not normally accessible to the public to report on issues and make recommendations to the Governor's Office.
  2. The Jurisdictions of the Los Santos Police Department shall be:
    • Is a Law Enforcement Agency employing Peace Officers in accordance with Penal Code Title 14.
    • Property management rights for the Pershing Square Headquarters and all other police stations.
    • Primary law enforcement authority and operation within the City of Los Santos, except on interstates
    • Issue search warrants at the rank of Captain or above and issue arrest warrants at the rank of Sergeant or above, so long as records are maintained. Internal rules may dictate a higher rank requirement at the discretion of the agency.
    • Issue fines.
    • The power to impound vehicles violating (11)04. Parking Violation, or vehicles creating an obstruction or hazard.
    • Arrest persons for felonies or misdemeanors.
    • The power to carry, maintain, and utilize firearms otherwise prohibited by the Penal Code.
    • The power to issue and regulate firearms licenses.
    • The power to revoke licenses.
    • The power to close roads or restrict access to public facilities for health and safety reasons.
    • To operate checkpoints for health and safety reasons.
    • The power to issue guard cards and other legal protection licenses.
    • To carry out paid duty services for private events and non-emergency services.
  3. The Jurisdictions of the Los Santos County Sheriff's Department shall be:
    • Is a Law Enforcement Agency employing Peace Officers in accordance with Penal Code Title 14.
    • Property management rights for the Dillimore Headquarters, all other Sheriff's Offices and Flint County Impound lot.
    • Primary law enforcement authority and operation outside the City of Los Santos and on interstates.
    • Issue search warrants at the rank of Captain or above and issue arrest warrants at the rank of Sergeant or above, so long as records are maintained. Internal rules may dictate a higher rank requirement at the discretion of the agency.
    • Arrest persons for felonies or misdemeanors.
    • The power to carry, maintain, and utilize firearms otherwise prohibited by the Penal Code.
    • Issue fines.
    • The power to impound vehicles violating (11)04. Parking Violation, or vehicles creating an obstruction or hazard.
    • The power to deputize any individual as a 'Public Impounder', and empower them to impound vehicles violating (11)04. Parking Violation.
    • The power to revoke licenses
    • The power to close roads or restrict access to public facilities for health and safety reasons.
    • To operate checkpoints for health and safety reasons.
    • To carry out paid duty services for private events and non-emergency services.
  4. The Jurisdictions of the Los Santos Fire Department shall be:
    • Property management rights for all Fire Houses, Fire Stations, and fire prevention, detection or firefighting facilities in San Andreas.
    • To provide firefighting & medical services at no charge to all residents & visitors of San Andreas, and may not deny any person this service.
    • The power to regulate Fire Codes, and inspect buildings for fire safety within the State of San Andreas.
  5. The Jurisdictions of the San Andreas Department of Corrections & Rehabilitation shall be:
    • Is a Law Enforcement Agency employing Peace Officers in accordance with Penal Code Title 14.
    • Property management rights for the San Andreas Correctional Facility and property within 2000 foot radius of facility.
    • Primary authority and operation within the San Andreas Correctional Facility.
    • Authorize parole, manage and monitor parolees, and set parole policy.
    • Investigate and search parolees without a prior warrant, so long as they are in a documented parole program.
    • Conduct arrests of parolees and issue arrest warrants for violations of the parole program.
    • The power to carry, maintain, and utilize firearms otherwise prohibited by the Penal Code.
  6. The Jurisdictions of the San Andreas Department of Justice shall be:
    • Issue search and arrest warrants at the rank of Attorney General or above, so long as records are maintained.
    • Operation of the District Attorney's Office and the position of Attorney General, Chief Law Enforcement Officer and Legal Investigator of the State of San Andreas.
    • Representation of the State in lawsuits and legal actions and representation of State Agencies at their request.
    • Management of the Public Defenders Office or some other appropriate, legal bureau for pro bono legal access.
  7. The Jurisdictions of the Courts of San Andreas shall be:
    • Property management rights for the State Courthouse.
    • Right to manage, maintain, and control all warrant policies and warrant authorization agreements with State Agencies, including surveillance warrants and other specialty warrants.
    • The power for a Associate Justice or Chief Justice to issue an injunction with appropriate legal justification, including district or gang injunctions. This also includes injunctions and actions against State Agencies in a relevant court case.
    • The power to issue and revoke BAR licenses and regulate attorney membership in the State.
    • Collection of appropriate court fees as determined by the Supreme Court.


    Section 4.SECTION IIII OF THE SAN ANDREAS TREASURY ACT OF 2020 IS AMENDED TO READ:
    1. The Secretary of State shall nominate the State Treasurer.
    2. The (Lieutenant) Governor shall nominate the State Treasurer.
    3. The State Senate must vote to confirm the State Treasurer with a simple majority vote.
    4. When there is a vacancy in the office of the State Treasurer, the Acting Secretary of State shall serve in their place until a new State Treasurer is appointed and confirmed.
    5. When there is a vacancy in the office of the State Treasurer, the (Lieutenant) Governor or Secretary of State shall serve in their place until a new State Treasurer is appointed and confirmed.
    Section 5. SECTION IIII OF THE WHISTLEBLOWER PROTECTION ACT OF 2020 IS AMENDED TO READ:
    1. The Secretary of State shall nominate the State Auditor.
    2. The (Lieutenant) Governor shall nominate the State Auditor.
    3. The State Senate must vote to confirm the State Auditor with a simple majority vote.
    4. When there is a vacancy in the Office of the State Auditor, the Acting Secretary of State shall serve in their place until a new State Auditor is appointed and confirmed.
    5. When there is a vacancy in the Office of the State Auditor, the (Lieutenant) Governor or Secretary of State shall serve in their place until a new State Auditor is appointed and confirmed.
    Section 6. REPEAL AND AMENDMENTS
    1. The Executive Authority Act of 2020 shall be repealed.
    2. Any articles or sections within the State Constitution of San Andreas, or any other act or code that has the incorrect or old title of a position or department, shall be amended to reflect the correct titles as outlined in this act.


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______________________
Jerry Richardson
Governor of San Andreas









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