Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S90 Compare Versions

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22 SENATE DOCKET, NO. 2076 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 90
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michael O. Moore
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing an internal special audit unit within the Cannabis Control Commission.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 4
1616 SENATE DOCKET, NO. 2076 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 90
1818 By Mr. Moore, a petition (accompanied by bill, Senate, No. 90) of Michael O. Moore for
1919 legislation to establish an internal special audit unit within the Cannabis Control Commission.
2020 Cannabis Policy.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 58 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act establishing an internal special audit unit within the Cannabis Control Commission.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 14 of chapter 94G of the General Laws, as appearing in the 2022
3232 2Official Edition, is hereby amended by inserting after the word “commission”, in line 12, the
3333 3following words:- “, the internal special audit unit established under section 22”.
3434 4 SECTION 2. Chapter 94G is hereby further amended by inserting after section 21 the
3535 5following sections: -
3636 6 Section 22. (a) There shall be within the commission, but not subject to the control of the
3737 7commission, an internal special audit unit. The inspector general shall appoint a director of the
3838 8special audit unit, who shall serve as an assistant inspector general, under the supervision of the
3939 9inspector general, for a term of 4 years. The inspector general may remove the director for cause 2 of 4
4040 10and designate an interim director until a new director is appointed. The director shall devote full
4141 11time and attention to the duties of the office.
4242 12 (b) The director may appoint and remove, subject to the approval of the inspector general,
4343 13such persons as are necessary to perform the functions of the unit; provided, however, that
4444 14section 9A of chapter 30 and chapter 31 shall not apply to any person holding such an
4545 15appointment. The director may appoint and remove, subject to the approval of the inspector
4646 16general, such expert, clerical or other assistants as the work of the unit may require. Employees
4747 17shall devote their full-time and attention to their duties while employed with the unit and shall be
4848 18subject to the rules and regulations established for employees of the office of the inspector
4949 19general pursuant to section 4 of chapter 12A.
5050 20 (c) The internal special audit unit shall monitor the quality, efficiency and integrity of the
5151 21commission’s operations, including but not limited to, operations under chapters 94G and 94I,
5252 22host community agreements, investigation and audit policies and procedures, organizational
5353 23structure and management functions and seek to prevent, detect and correct fraud, waste and
5454 24abuse in the expenditure of public funds. The director shall have access to all records, reports,
5555 25electronic data, devices, audits, reviews, papers, books, documents, recommendations and
5656 26correspondence of the commission or any employee of the commission including, but not limited
5757 27to, application materials and investigative, audit, and adjudicatory records.
5858 28 The commission shall cooperate with the special audit unit in carrying out the special
5959 29audit unit's duties, including granting access to persons, documents, databases, electronic data,
6060 30devices and other materials deemed necessary by the director to conduct an investigation, audit
6161 31or review. 3 of 4
6262 32 Under the direction of the inspector general, the director of the internal special audit unit
6363 33shall have all the powers of the inspector general pursuant to chapter 12A and any rule or
6464 34regulation promulgated pursuant thereto.
6565 35 (d) The internal special audit unit shall create and provide trainings to the commission,
6666 36including but not limited to, trainings on conducting regulatory investigations and audits.
6767 37 (e) The internal special audit unit shall coordinate and consult with the commission, the
6868 38department of agricultural resources and the department of public health on efforts related to the
6969 39implementation, administration and enforcement of this chapter, sections 116 to 123, inclusive,
7070 40of chapter 128 and the provision of pesticide control pursuant to chapter 132B.
7171 41 (f) The director shall report and refer instances of fraud, waste or abuse of public funds to
7272 42the inspector general for investigation pursuant to section 8 of chapter 12A and the results of
7373 43such an investigation may be referred to the attorney general or state auditor for appropriate
7474 44action.
7575 45 (g) The director shall submit to the inspector general, for inclusion in the annual report
7676 46required by section 12 of chapter 12A, a report of the unit's activities for the preceding calendar
7777 47year including, but not limited to, findings referred to the inspector general for investigation. The
7878 48inspector general shall submit his annual report to the joint committee on cannabis policy on or
7979 49before April 30 of each year. The commission shall make the annual report and all such reports
8080 50from previous years available on the commission’s website.
8181 51 Section 23. (a) The commission, the department of agricultural resources and the
8282 52department of public health shall enter into a memorandum of understanding related to joint or
8383 53coordinated implementation, consultation, collaboration, administration and enforcement actions 4 of 4
8484 54under this chapter and sections 116 to 123, inclusive, of chapter 128 and the provision of
8585 55pesticide control pursuant to chapter 132B.
8686 56 (b) The memorandum of understanding shall include, but is not limited to, provisions
8787 57relating to (i) joint or coordinated investigations and inspections; (ii) procedures and policies on
8888 58the implementation of sections 116 to 123 of chapter 128; (iii) operational collaboration over the
8989 59administration of pesticide use on hemp, marijuana and marijuana products pursuant to chapter
9090 60132B; and (iv) sharing of information.
9191 61 (c) The commission, the department of agricultural resources and the department of
9292 62public health shall review, and amend if necessary, the memorandum of understanding at least
9393 63once every 2 years.