SENATE DOCKET, NO. 867        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1589

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas P. Kennedy

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act expanding the authority of the bureau of special investigations.

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PETITION OF:

SENATE DOCKET, NO. 867        FILED ON: 1/20/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1589

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1429 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act expanding the authority of the bureau of special investigations.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 15D of Chapter 22 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— The director shall initiate investigations and investigate complaints, including complaints initiated by recipients, which indicate the possibility of either a fraudulent claim for payment or services under any assistance program administered by the department of public welfare and the department of social services, or a local or regional housing authority, or any program administered by said departments or local or regional housing authority, or a receipt of payment or services by a person not entitled thereto.

SECTION 2. Subsection (1) of said section 15D of said chapter 22, as so appearing, is hereby amended by inserting, in line 13, after the words “the department of social services” the words:— or any program administered by a local or regional housing authority.

SECTION 3. Subsection (2) of said section 15D of said chapter 22, as so appearing, is hereby amended by inserting, in line 15, after the words “the department of social services” the words:— a local or regional housing authority,.

SECTION 4. Subsection (3) of said section 15D of said chapter 22, as so appearing, is hereby amended by inserting, in line 26, after the words “the department of social services” the words:— or any program administered by a local or regional housing authority,.

SECTION 5. Subsection (4) of said section 15D of said chap- ter 22, as so appearing, is hereby amended by inserting, in line 35, after the words “the department of social services” the words:— or a local or regional housing authority,.

SECTION 6. Said section 15D of said chapter 22, as so appearing, is hereby amended by inserting after subsection (9) the following subsection:—

(10) In any instance where the Director of the Bureau of Special Investigations finds there is information or material suggesting or indicating ineligibility for any form of assistance, service, or program administered by a local or regional housing authority, the Director of the Bureau of Special Investigations shall report that information or material to the appropriate housing authority director for purposes of eligibility determination, certification, verification, tenant selection, or any other purpose or use authorized by law. In any instance where the Director of the Bureau of Special Investigations finds there is probable cause to believe that there has been a fraudulent claim, payment or receipt of assistance or services in any program administered by a local or regional housing authority, the Director of the Bureau of Special Investigations shall report that case to the attorney general or a district attorney for such action as the attorney general or district attorney deems appropriate.

SECTION 7. Section 32 of Chapter 121B of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting, in line 27, after the word “authority”, the words:— and may be subject to substantiation by the bureau of special investigations of the commonwealth, as established in section fifteen B of chapter twenty-two, pursuant to regulations promulgated by the department of community affairs in cooperation with the department of public safety.