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Bill > H2827


MA H2827

MA H2827
Relative to the Secretary of State and ethics reform


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

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

AI Summary

This bill amends existing law to grant the State Secretary enhanced powers regarding ethics reform and the enforcement of certain sections of chapter 3 of the General Laws, specifically sections 39 to 50, which likely pertain to ethical conduct and financial disclosures. Upon receiving a sworn complaint and sufficient evidence, the State Secretary can initiate a preliminary inquiry into alleged violations, notifying the Attorney General beforehand, with all inquiry proceedings remaining confidential unless shared with specific law enforcement or oversight bodies like the Attorney General, the United States Attorney, a district attorney, the Inspector General, the State Ethics Commission, or the Director of the Office of Campaign and Political Finance for their respective investigations. The State Secretary must inform the subject of the inquiry within 30 days and, if reasonable cause is found, can proceed to an adjudicatory proceeding, which is a formal hearing where witnesses can be summoned and evidence presented, with all testimony under oath and parties having rights to legal representation and cross-examination. 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 of up to $10,000 per violation, with the ability to seek enforcement in superior court, and any final decisions can be reviewed by the superior court, which may also award attorney fees and costs to a party if the court's modification or remand of the State Secretary's order is deemed substantial.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Accompanied a study order, see H4102 (on 03/21/2016)

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