Amendment #1 to H5469

Auditor SJC Appeal

Representatives Jones of North Reading, Ferguson of Holden, Frost of Auburn, Muradian of Grafton, Vieira of Falmouth and Smola of Warren move to amend the bill in Section 3 by striking out, in lines 113 through 138 inclusive, subsections (e), (f), and (g) and inserting in place thereof the following subsections:-

“(e) If the state auditor determines that records requested pursuant to paragraph (1) of subsection (d) have not been produced or have been produced in a form that is insufficient to accomplish the audit objectives, or that an interview requested pursuant to paragraph (3) of said subsection (d) has been declined on grounds that the state auditor disputes, the state auditor may petition the supreme judicial court for review of such determination, and the court shall have the original and exclusive jurisdiction to determine whether the declined records or interview request is in conformity with this act. The state auditors’ petition shall include the following:

(i) each record that was not produced under a request pursuant to paragraph (1) of subsection (d) and the specific constitutional, statutory or other legal basis claimed pursuant to paragraph (2) of said subsection (d);

(ii) each interview request that was declined and the specific constitutional, statutory or other legal basis claimed pursuant to paragraph (3) of subsection (d); and

(iii) the state auditor’s basis for disputing the objection identified in clause (i) and (ii) of this subsection.”

Additional co-sponsor(s) added to Amendment #1 to H5469

Auditor SJC Appeal