Amendment #1 to H3666

An Act relative to establishing an internal special audit unit in the Massachusetts Department of Transportation

The committee on Bills in the Third Reading recommends that the bill be amended Engrossed Bill establishing an internal special audit unit in the Massachusetts Department of Transportation (see House, No. 3666) being section 13 contained in the Engrossed Bill making appropriations for the fiscal year 2016 for the maintenance of the departments, boards, commissions, institutions and certain activities of the commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (see House, No. 3650), which was returned by His Excellency the Governor pursuant to Article LVI with recommendation of amendment specified by him, (see Attachment C of  House, No. 3675)

Reports recommending that the amendment recommended by His Excellency the Governor be considered in the following form:

By striking out all after the enacting clause and inserting in place thereof the following:-

“SECTION 1.  Section 9 of chapter 6C of the General Laws, as appearing in the 2014 Official Edition , is hereby amended by striking out subsections (a) to (d), inclusive, and inserting in place thereof the following 4 subsections:-

(a) There shall be within the department, but not subject to the control of the department, an internal special audit unit. The inspector general shall appoint a director of the internal special audit unit, who shall serve as an assistant inspector general under the supervision of the inspector general, and who shall serve for a term of 6 years. The inspector general may remove the director for cause, and shall fill any vacancy for the unexpired term. The director shall devote full time and attention to the duties of the unit.

(b) The director may appoint and remove, subject to the approval of the inspector general, such persons as the director shall deem necessary to perform the functions of the internal special audit unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any such employee holding any such appointment. Employees of the internal special audit unit shall have experience with accounting, auditing, financial analysis, applicable law, business management and public administration and shall devote their full time and efforts to the unit. Employees shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to chapter 12A. Every person so appointed to any position in the internal special audit unit shall have experience and skill in the field of such position.

(c) Pursuant to chapter 12A, the internal special audit unit shall monitor the quality, efficiency and integrity of the department's operating and capital programs, including those of the Massachusetts Bay Transportation Authority, and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public or private transportation funds. In accordance with said chapter 12A, the department shall cooperate with the unit in carrying out the unit's duties, including granting access to persons, documents, databases, electronic data or other materials deemed necessary by the director to conduct an investigation, audit or review.

(d) The director may report and refer any instances of fraud, waste or abuse in the expense of transportation funds or the procurement of any supplies, services or construction by the department to the inspector general for investigation pursuant to chapter 12A and the results of such investigation may be referred to the attorney general for appropriate action.             

SECTION 2.  This act shall take effect as of July 1, 2015.”