Amendment ID: S2856-163

Amendment 163

Cannabis Control Commission Receivership

Mr. Moore, Ms. Rausch and Mr. Tarr move that the proposed new text be amended by inserting after section __ the following section:-

“SECTION __. (a) Notwithstanding section 76 of chapter 10, chapters 94G and 94I, or any other general or special law, rule, regulation, administrative order or policy, or contract to the contrary, there is hereby established within the cannabis control commission, but not subject to the control or supervision of the commissioners or executive director, the office of receiver. The governor shall appoint the receiver who shall have all the powers of the commission established by section 76 of chapter 10, including those of its chair, secretary and treasurer, and the executive director. The governor shall appoint the receiver no later than 30 days after the effective date of this act and may remove the receiver for cause.

(i) No person who is, or has been, a member of the commission established by section 76 of chapter 10 or any person who is, or has been, in the employ of the cannabis control commission, on either a paid, contract, or volunteer basis, shall be eligible for appointment as receiver.

(ii) The receiver shall not receive gifts from, or have a financial or ownership interest in, any marijuana licensee, applicant, close associate, affiliate or other person or entity subject to the jurisdiction of the cannabis control commission.

(iii) The receiver shall be an individual with a demonstrated record of success in improving the operations and management functions of public or private entities.

(iv) The receiver appointed to operate the cannabis control commission under this section shall have full managerial and operational control over the cannabis control commission. The commission established by section 76 of chapter 10, its commissioners, including the chair, and executive director shall act solely in an advisory capacity to the receiver, unless directed otherwise by the receiver, and shall be subordinate to the receiver. Each commissioner, employee and contractor shall furnish all information, cooperation and assistance as requested by the receiver.

(v) The receiver shall be subject to chapter 268A. Section 9A of chapter 30 and chapter 31 shall not apply to any person holding the position of receiver.

(vi) The receiver shall receive a salary equal to the salary of the chair of the commission pursuant to section 76(f) of chapter 10. The receiver shall devote their full time and attention to the duties of their office.

(b) The receiver shall create a turnaround plan to promote the rapid improvement of the cannabis control commission. The plan shall specifically focus on: (i) addressing employment and workplace issues, including investigating human resources complaints; and (ii) improving the quality, efficiency and integrity of the cannabis control commission’s operations, policies and procedures, organizational structure and management functions.

(c) The receiver shall provide a monthly communication to the governor, chairs of the joint committee on cannabis policy, the clerks of the house and senate, and the inspector general on issues identified at the cannabis control commission and the initiatives undertaken during the month prior to improve the cannabis control commission.

(d) This section shall prevail in any conflict between this section and any provision of section 76 of chapter 10, chapters 94G and 94I, or any other general or special law, rule, regulation, administrative order or policy, or contract to the contrary.

(e) The term of office for the receiver shall run for one year following the date of appointment of the receiver, provided the governor may extend the term of office of the receiver by one additional year.”