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2 | 2 | | SENATE DOCKET, NO. 2076 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 90 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Michael O. Moore |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing an internal special audit unit within the Cannabis Control Commission. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 2076 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 90 |
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18 | 18 | | By Mr. Moore, a petition (accompanied by bill, Senate, No. 90) of Michael O. Moore for |
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19 | 19 | | legislation to establish an internal special audit unit within the Cannabis Control Commission. |
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20 | 20 | | Cannabis Policy. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 58 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act establishing an internal special audit unit within the Cannabis Control Commission. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 14 of chapter 94G of the General Laws, as appearing in the 2022 |
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32 | 32 | | 2Official Edition, is hereby amended by inserting after the word “commission”, in line 12, the |
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33 | 33 | | 3following words:- “, the internal special audit unit established under section 22”. |
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34 | 34 | | 4 SECTION 2. Chapter 94G is hereby further amended by inserting after section 21 the |
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35 | 35 | | 5following sections: - |
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36 | 36 | | 6 Section 22. (a) There shall be within the commission, but not subject to the control of the |
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37 | 37 | | 7commission, an internal special audit unit. The inspector general shall appoint a director of the |
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38 | 38 | | 8special audit unit, who shall serve as an assistant inspector general, under the supervision of the |
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39 | 39 | | 9inspector general, for a term of 4 years. The inspector general may remove the director for cause 2 of 4 |
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40 | 40 | | 10and designate an interim director until a new director is appointed. The director shall devote full |
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41 | 41 | | 11time and attention to the duties of the office. |
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42 | 42 | | 12 (b) The director may appoint and remove, subject to the approval of the inspector general, |
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43 | 43 | | 13such persons as are necessary to perform the functions of the unit; provided, however, that |
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44 | 44 | | 14section 9A of chapter 30 and chapter 31 shall not apply to any person holding such an |
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45 | 45 | | 15appointment. The director may appoint and remove, subject to the approval of the inspector |
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46 | 46 | | 16general, such expert, clerical or other assistants as the work of the unit may require. Employees |
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47 | 47 | | 17shall devote their full-time and attention to their duties while employed with the unit and shall be |
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48 | 48 | | 18subject to the rules and regulations established for employees of the office of the inspector |
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49 | 49 | | 19general pursuant to section 4 of chapter 12A. |
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50 | 50 | | 20 (c) The internal special audit unit shall monitor the quality, efficiency and integrity of the |
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51 | 51 | | 21commission’s operations, including but not limited to, operations under chapters 94G and 94I, |
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52 | 52 | | 22host community agreements, investigation and audit policies and procedures, organizational |
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53 | 53 | | 23structure and management functions and seek to prevent, detect and correct fraud, waste and |
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54 | 54 | | 24abuse in the expenditure of public funds. The director shall have access to all records, reports, |
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55 | 55 | | 25electronic data, devices, audits, reviews, papers, books, documents, recommendations and |
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56 | 56 | | 26correspondence of the commission or any employee of the commission including, but not limited |
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57 | 57 | | 27to, application materials and investigative, audit, and adjudicatory records. |
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58 | 58 | | 28 The commission shall cooperate with the special audit unit in carrying out the special |
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59 | 59 | | 29audit unit's duties, including granting access to persons, documents, databases, electronic data, |
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60 | 60 | | 30devices and other materials deemed necessary by the director to conduct an investigation, audit |
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61 | 61 | | 31or review. 3 of 4 |
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62 | 62 | | 32 Under the direction of the inspector general, the director of the internal special audit unit |
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63 | 63 | | 33shall have all the powers of the inspector general pursuant to chapter 12A and any rule or |
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64 | 64 | | 34regulation promulgated pursuant thereto. |
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65 | 65 | | 35 (d) The internal special audit unit shall create and provide trainings to the commission, |
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66 | 66 | | 36including but not limited to, trainings on conducting regulatory investigations and audits. |
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67 | 67 | | 37 (e) The internal special audit unit shall coordinate and consult with the commission, the |
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68 | 68 | | 38department of agricultural resources and the department of public health on efforts related to the |
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69 | 69 | | 39implementation, administration and enforcement of this chapter, sections 116 to 123, inclusive, |
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70 | 70 | | 40of chapter 128 and the provision of pesticide control pursuant to chapter 132B. |
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71 | 71 | | 41 (f) The director shall report and refer instances of fraud, waste or abuse of public funds to |
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72 | 72 | | 42the inspector general for investigation pursuant to section 8 of chapter 12A and the results of |
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73 | 73 | | 43such an investigation may be referred to the attorney general or state auditor for appropriate |
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74 | 74 | | 44action. |
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75 | 75 | | 45 (g) The director shall submit to the inspector general, for inclusion in the annual report |
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76 | 76 | | 46required by section 12 of chapter 12A, a report of the unit's activities for the preceding calendar |
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77 | 77 | | 47year including, but not limited to, findings referred to the inspector general for investigation. The |
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78 | 78 | | 48inspector general shall submit his annual report to the joint committee on cannabis policy on or |
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79 | 79 | | 49before April 30 of each year. The commission shall make the annual report and all such reports |
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80 | 80 | | 50from previous years available on the commission’s website. |
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81 | 81 | | 51 Section 23. (a) The commission, the department of agricultural resources and the |
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82 | 82 | | 52department of public health shall enter into a memorandum of understanding related to joint or |
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83 | 83 | | 53coordinated implementation, consultation, collaboration, administration and enforcement actions 4 of 4 |
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84 | 84 | | 54under this chapter and sections 116 to 123, inclusive, of chapter 128 and the provision of |
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85 | 85 | | 55pesticide control pursuant to chapter 132B. |
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86 | 86 | | 56 (b) The memorandum of understanding shall include, but is not limited to, provisions |
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87 | 87 | | 57relating to (i) joint or coordinated investigations and inspections; (ii) procedures and policies on |
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88 | 88 | | 58the implementation of sections 116 to 123 of chapter 128; (iii) operational collaboration over the |
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89 | 89 | | 59administration of pesticide use on hemp, marijuana and marijuana products pursuant to chapter |
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90 | 90 | | 60132B; and (iv) sharing of information. |
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91 | 91 | | 61 (c) The commission, the department of agricultural resources and the department of |
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92 | 92 | | 62public health shall review, and amend if necessary, the memorandum of understanding at least |
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93 | 93 | | 63once every 2 years. |
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