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Bill > H2885


MA H2885

MA H2885
Relative to the Secretary of State and ethics reform.


summary

Introduced
01/22/2013
In Committee
01/22/2013
Crossed Over
Passed
Dead
08/01/2014

Introduced Session

188th General Court

Bill Summary

Relativerelative to the powers of the Secretary of the Commonwealth regarding certain ethics laws. State Administration and Regulatory Oversight.

AI Summary

This bill would grant the Secretary of State, referred to as the "state secretary," expanded powers to investigate and address violations of specific ethics laws, generally sections 39 to 50 of chapter 3 of the General Laws. Upon receiving a sworn complaint and sufficient evidence, the state secretary can initiate a confidential preliminary inquiry, notifying the Attorney General beforehand and potentially sharing evidence with other relevant agencies like the Inspector General, the State Ethics Commission, and the Director of the Office of Campaign and Political Finance. If the inquiry suggests a violation, the state secretary can start a formal adjudicatory proceeding, where witnesses can be summoned, testimony taken under oath, and evidence presented, with all parties having rights to legal representation and to present their case. If a violation is found, the state secretary can issue orders to cease and desist, require filings, suspend or revoke licenses, or impose civil penalties up to $10,000 per violation, with the ability to seek court enforcement. Final decisions are subject to judicial review in superior court, and if a court finds a substantial modification or reversal of the state secretary's order, the petitioner may be reimbursed for legal fees and court costs.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Accompanied a study order, see H4143 (on 06/04/2014)

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