Budget Amendment ID: FY2012-S3-244

ECO 244

INCREASED TRANSPARENCY AND PROTECTION OF STATE MONEY

Mr. Montigny moved that the proposed new text be amended by inserting, after Section 152, the following new Section:

SECTION____.  (a) Section 14C of Chapter 7 of the General Laws is amended in sub section (a) by striking the definition for “state award” and inserting the following definition:

"State award” or “award'’, appropriations, expenditures, grants, tax credit, subgrants, loans, purchase orders, infrastructure assistance and other forms of financial assistance.”

(b) Subsection (a) of said section 14C of Chapter 7 is further amended by inserting after the definition of “state award” or “award” the following new definition:

“ state award or award requirement” any condition or requirement agreed to by an agency and a recipient that must be fulfilled in order to receive a state award, including, but not limited to job creation, wage, health care and other benefit requirements”

(c)  Subsection (b) of said section 14C of Chapter 7 is amended by striking subsections (b) (5) and (6) and inserting in place thereof the following:

(5) all state award or award requirements for a recipient to receive a state award

(6) the reports required by section 88 of chapter 62C; and

(7) any other relevant information specified by the secretary.”

d)  Chapter 7 is further amended by inserting after section 14C the following new section;

“14D. (a) The secretary shall have the authority to enforce the provisions of any state award or award requirement, as defined by section 14C of this chapter, entered into by an agency and a recipient.

(b) The secretary shall, at the end of each taxable year, determine whether a recipient of a state award has fulfilled any and all state award or award requirements.

(c)  If the secretary determines that a recipient has failed to fulfill any state award or award requirement, the secretary shall recapture any state award or award received by a recipient.  The secretary shall notify the recipient in writing of the recapture of the state award or award.  The secretary shall notify the state auditor and inspector general of his intent to recapture said award.

(d)  Within 10 days of the notification, the recipient may request a hearing before the secretary,

The secretary, within 30 days shall schedule a hearing on the issue of recapture.  The recipient shall be allowed to present evidence of the recipient’s ability to fulfill the state award or award requirement, including but not limited to;

(i) economic conditions or factors;

(ii) natural disasters or events

(iii)     any other factor or condition affecting the recipient’s ability to fulfill the state   award or award requirement.

(e)   The Superior Court shall have jurisdiction over all matters in law and in equity arising under this section, including but not limited to action to enforce the recapture of state awards or awards and appeals of the decision of the secretary.”