HOUSE DOCKET, NO. 438        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3443

The Commonwealth of Massachusetts

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PRESENTED BY:

William M. Straus

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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 regarding audit performance and functions at the Department of Transportation.

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PETITION OF:

HOUSE DOCKET, NO. 438        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3443

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4096 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act regarding audit performance and functions at the Department of Transportation.

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: Notwithstanding any general or special law to the contrary, the director of audit operations within the Department of Transportation shall immediately notify the inspector general in writing of the existence of a documented critical disagreement between the director and the secretary of transportation, the board or an individual member thereof concerning an investigation, audit, or review. For the purposes of this section, a documented critical disagreement includes a disagreement involving the scope, manner, necessity, or thoroughness of an investigation, audit, or review. Failure of a party to comply with the good faith requests of the director shall constitute a documented critical disagreement. The writing shall contain: i) a summary of the investigation, audit, or review; ii) the nature of the disagreement between the director and the secretary, the board or an individual member thereof; iii) whether the matter under review presents a public safety risk; and iv) the director’s proposed recommendations, if any. Notification provided to the inspector general shall not be cause for dismissal or other retaliatory action taken against the director or other person employed within the unit.

On a quarterly basis, the director shall submit a written report of the unit’s activities for the preceding quarter including, but not limited to, findings referred to the inspector general for investigation, to the joint committee on transportation and the house and senate committees on ways and means. The secretary shall make the quarterly reports and all such reports from previous years available on the department's website.

The director shall submit an annual report of the unit's activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation, to the joint committee on transportation and the house and senate committees on ways and means on or before March 15 of each year. The secretary shall make the annual report and all such reports from previous years available on the department's website.

There shall be within the unit, a position of senior information technology auditor. The senior information technology auditor should, at a minimum, possess expertise and familiarity with electronic information systems, databases, and forensic analysis.

SECTION 2: Section 2 of chapter 6C of the General Laws as appearing in the 2018 Official Edition, is hereby amended by inserting the following subsection:-

(l) The chair of the board’s finance and audit subcommittee shall rotate among the membership on a biennial basis.