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Inspector General Transfer
SECTION 8.
Subsection (a) of section 2 of chapter 7B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 5, the words "the inspector general" and inserting in place thereof the following words "the state auditor".
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Inspector General Transfer
SECTION 9.
Chapter 11 of the General Laws, as so appearing, is hereby further amended by inserting the following:-
Section 7. The auditor shall act to prevent and detect fraud, waste, and abuse in the expenditure of public funds, whether state, federal, or local, or relating to programs and operations involving the sections, departments, offices, commissions, institutions, and activities of the commonwealth, including those districts, authorities, instrumentalities, or political subdivisions created by the general court and including cities and towns.
Section 8. The auditor may supervise, coordinate, and conduct audits and investigations when necessary, relating to programs and operations described in section 7. He shall review legislation and regulations relating to programs and operations described in said section 7 and shall make recommendations concerning the effect of such legislation or regulation on the prevention and detection of fraud, waste, and abuse. He may recommend policies which will assist in the prevention or detection of fraud, waste, or abuse. The person in charge of, or the governing body of, any public body described in said section 7, may request the assistance of the auditor with respect to implementation of any suggested policy. In that event the auditor may assign personnel to conduct, supervise, or coordinate such activity. He may recommend policies for the conduct, supervision, or coordination of relationships between state and county agencies and other state and local government agencies, federal agencies, and nongovernmental entities with respect to all matters relating to the prevention and detection of fraud, waste, and abuse in or relating to programs and activities described in said section 7.
Section 9. (a) The auditor may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to programs and operations described in section 7.
(b) The auditor shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without written consent of said employee, unless the auditor determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the employee shall be notified in writing at least 7 days prior to such disclosure.
(c) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the auditor, unless the complaint was made or information disclosed with the knowledge that it was false or with willful disregard of its truth or falsity.
Section 10. In carrying out his duties and responsibilities, the auditor shall report to the attorney general, the United States Attorney, or both, whenever the auditor has reasonable grounds to believe there has been a violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings.
The auditor shall refer audit or investigative findings to the state ethics commission, or to any other federal, state, or local agency that has an interest in said findings. Any referrals made under this section shall not be made public.
In any case where the auditor has discovered fraudulent acts and believes that civil recovery proceedings may be appropriate, he shall refer the matter to the attorney general. The attorney general may institute whatever proceedings he deems appropriate, may refer the matter to another state or local agency, may retain the matter for further investigation, or may remand the matter to the auditor for further investigation.
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Inspector General Transfer
SECTION 10.
Subsection (13) of section 5N of chapter 12 of the General Laws, as so appearing, is hereby amended by striking out in line 130 and line 133 the words "or from the inspector general"
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Inspector General Transfer
SECTION 11.
Chapter 12A of the General Laws is hereby repealed.
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Inspector General Transfer
SECTION 19.
Subsection (b) of section 29F of said chapter 29, as so appearing, is hereby amended by striking out, in line 47, the following words "the inspector general,".
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Inspector General Transfer
SECTION 20.
Subsection (d) of said section 29F of said chapter 29, as so appearing, is hereby amended by striking the final sentence of the second paragraph.
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Inspector General Transfer
SECTION 21.
Paragraph (2) of subsection (b) of section 39R of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in lines 66 and 67, the words "inspector general" and inserting in place thereof the following words "the state auditor".
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Inspector General Transfer
SECTION 22.
Subsection (e) of said section 39R of said chapter 30, as so appearing, is hereby amended by striking out, in lines 121 and 125, the words "inspector general" and inserting in place thereof the following word "state auditor".
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Inspector General Transfer
SECTION 24.
Paragraph (33) of subsection (b) of section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by striking out, in line 97, the words "inspector general" and inserting in place thereof the following words "state auditor".
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Inspector General Transfer
SECTION 26.
Said subsection (c) of said section 5 of said chapter 30B, as so appearing, is hereby further amended by striking out, in lines 55 and 56, the words " the inspector general".
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Inspector General Transfer
SECTION 27.
Section 17(d) of said chapter 30B, as so appearing, is hereby repealed.
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Inspector General Transfer
SECTION 28.
Section 19 of said chapter 30B, as so appearing, is hereby amended by striking out the last sentence.
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Inspector General Transfer
SECTION 32.
Section 53F of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out, in lines 51 and 52, the words "inspector general" and inserting in place thereof the following word "state auditor".
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Inspector General Transfer
SECTION 52.
Subsection (c) of section 7 of chapter 111H of the General Laws is hereby repealed.
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Inspector General Transfer
SECTION 53.
Subsection (b) of section 22 of said chapter 111H, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 26, the words "inspector general" and inserting in place thereof the following:- state auditor.
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Inspector General Transfer
SECTION 54.
Subsection (c) of said section 22 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 48 and 49, the words "inspector general" and inserting in place thereof the following:- state auditor.
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Inspector General Transfer
SECTION 55.
Subsection (f) of section 27 of said chapter 111H, as so appearing, is hereby amended by striking out, in line 45, the words "inspector general" and inserting in place thereof the following:- state auditor.
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Inspector General Transfer
SECTION 56.
Subsection (c) of section 46 of said chapter 111H, as so appearing, is hereby amended by striking out, in line 34, the words "inspector general" and inserting in place thereof the following:- state auditor.
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Inspector General Transfer
SECTION 71.
The office of inspector general is hereby abolished. Unless a contrary intent clearly appears, all powers and duties exercised by said office immediately prior to the effective date of this act are hereby transferred to the office of the state auditor.
All books, papers, records, documents, equipment, lands, interests in land, buildings, facilities, and other property, both personal and real, which immediately prior to the effective date of this act are in the custody of the inspector general, and which relate to or are maintained for the purpose of the exercise of such powers or the performance of such duties, are hereby transferred to the auditor; provided, that all such property held in trust shall continue to be held in trust and be administered in accordance with the terms of such trust, by the trustees appointed by any court of competent jurisdiction upon application of any interested persons for such appointment or for instructions in connection therewith. All questions regarding the identification of such property shall be determined by the secretary for administration and finance.
All petitions, hearings, and other proceedings duly brought before, and all prosecutions and legal and other proceedings begun by, the inspector general that arise from or relate to the exercise of such powers or the performance of such duties, and which are pending immediately prior to the effective date of this act, shall thereafter be completed by the auditor.
All orders, rules, and regulations duly made, and all licenses, permits, certificates, and approvals duly granted by the inspector general that arise from or relate to the exercise of such powers or the performance of such duties, and which are in force immediately prior to said effective date, shall continue in force, and the provisions thereof shall thereafter be enforced, until superceded, revised, rescinded, or cancelled in accordance with law, by the auditor. All questions regarding the identification of such petitions, hearings, prosecutions, proceedings, orders, rules, regulations, licenses, permits, certificates, and approvals, and of the agencies to which the completion or enforcement thereof is transferred shall be determined by the secretary for administration and finance.
All monies heretofore appropriated for the inspector general for the purpose of the exercise of such powers or the performance of such duties and remaining unexpended on the effective date of this act, are hereby transferred to, and shall be available for expenditure by, the auditor. All questions regarding the identification of such monies shall be determined by the secretary for administration and finance.
All duly existing contracts, leases, and obligations of the inspector general that relate to the exercise of such powers for the performance of such duties, and which are in force immediately prior to the effective date of this act, shall thereafter be performed by the auditor. This section shall not affect any renewal provisions or option to renew contained in any such leases in existence on said effective date, all of which may thereafter be exercised by the auditor. All questions regarding the identification of such contracts, leases, and obligations of the inspector general shall be determined by the secretary for administration and finance.
Wherever the name "inspector general", or "the office of the inspector general" or "the inspector general's office", or the name of any department, agency, office, commission, committee, council, board, division, bureau, institution, other administrative unit, or officer within the office of the inspector general, from which powers and duties are transferred by the provisions of this act, appear in any statute, special act or resolve, order, rule, regulation, or other document related to the exercise of such powers or the performance of such duties, such name shall be construed as referring to the office of the state auditor, unless a contrary intent clearly appears.
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