SENATE, No. 1877

SECTION 1.    Section 1 of Chapter 7A of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by striking out said section 1, and inserting in place thereof the following:

There shall be a state agency within, but not subject to, the executive office for administration and finance, called the office of the comptroller general.  The comptroller general shall be the administrative and executive head of said office and shall be appointed by majority vote of the Comptroller General Advisory Board for a term of seven years.  The Comptroller shall be eligible for re-appointment for one additional seven year term, but shall not serve beyond a total of fourteen consecutive years.  The person so appointed shall be selected without regard to political affiliation and solely on the basis of integrity and demonstrated ability and shall hold an advanced degree in accounting, auditing, financial management, business administration, or public administration.

    At the time of his appointment as comptroller general; the person so appointed shall give bond in the amount of twenty-five thousand dollars or such higher amount as the advisory board to the comptroller general shall fix for the faithful performance of his duties.  Notwithstanding the provisions of chapter thirty the comptroller general shall receive a salary as determined by the advisory board to the comptroller general that is no less than the salary provided to the inspector general; provided, however, that the salary of the comptroller general shall not be adjusted to reflect bond premiums nor shall such premiums be paid by or reimbursed by the office of the comptroller general or with any state monies.

     The person so appointed may be removed from said office, for cause, by majority vote of the comptroller general advisory board after a hearing if one is requested by the comptroller general.  Such cause shall include neglect of duty, misconduct, or conviction of a crime.

     In the case of a vacancy in the position of comptroller general, his successor shall be appointed in the same manner.

Section 2.  Section 1 of Chapter 7A of the General Laws as most recently appearing in the 2004 Official Edition is hereby further amended by striking out, in the last sentence, the word “four,” and inserting in place thereof, the word “seven.”

Section 3. Section 2 of Chapter 7A of the General Laws as most recently appearing in the 2002 Official Edition is hereby amended by striking out the section, and inserting in place thereof, the following new section 2:

Section 2. There shall be a Comptroller General Advisory Board which shall consist of the auditor, who shall be chair, the attorney general, the treasurer, the secretary of administration and finance, the inspector-general, and two persons who have experience in government accounting, management, or public finance who shall be elected by the initial five members, and who shall not both be members of the same political party.  The two appointed members shall serve for three-year terms, but may not be reappointed more than once on a consecutive basis.  The appointed members may be removed for cause, and their successors shall be appointed in the same manner as the original appointment.  The members of the comptroller general advisory board shall be reimbursed for necessary and reasonable expenses incurred in the performance of their advisory board duties, but shall not be otherwise compensated for their services.

     The comptroller general advisory board shall meet at least four times a year.  Said advisory board shall provide advice and counsel to the comptroller general in the performance of his or her duties.  The advisory board shall be responsible for reviewing any rules or regulations promulgated by the comptroller general prior to their implementation.  The advisory board shall also review prior to publication the annual financial report of the commonwealth published by the comptroller general.

     Any action of the advisory board shall be taken with the approval of no less than four members of the advisory board.

Section 4. Chapter 7A of the General Laws as most recently appearing in the 2002 official edition is hereby amended by striking out the word “comptroller,” wherever it appears in said chapter, and inserting in place thereof, the words “comptroller-general.”

Section 5.  The incumbent comptroller holding office on the date of the passage of this act shall be eligible for appointment to a full term under the provisions of this act, provided, however, that he shall not be eligible for re-appointment to a second full term.

Section 6.  This act shall take effect on July 1, 2009.