reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 66 - Victims of Drunk Driving Trust Fund

Section 66. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Victims of Drunk Driving Trust Fund. The fund shall consist of monies paid to the courts pursuant to the third paragraph of subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of chapter 90, together with any interest or earnings accrued on such monies through investment or deposit. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section in accordance with sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund. The state treasurer shall transfer funds from the income and receipts of the fund to the victim and witness assistance board, as established in section 4 of chapter 258B, from time to time, at the request of the board. The board shall administer grants from the fund, without further appropriation, and may award them to community-based programs and public agencies in the commonwealth to provide counseling and support services to victims, witnesses and their family members of crashes caused by persons driving under the influence of drugs or alcohol.
The board may also permit the allocation of funds for the purposes of impaired driving prevention, education and training services. The board shall develop, in conjunction with the department of public health's bureau of substance addiction and the Massachusetts chapter of Mothers Against Drunk Driving, written criteria for the awarding of grants and other funding allocations, which shall be evaluated and, if necessary, revised on an annual basis. For the purposes of this section, the words ''victim,'' ''witness'' and ''family member'' shall have the same meaning as defined in section 1 of said chapter 258B. The board shall file a report detailing the amount of funds collected and expended from the fund along with a copy of the written criteria used to expend the funds to the house and senate committees on ways and means annually not later than February 28. An amount not to exceed 5 per cent of the total funds deposited in the fund may be expended by the board for administrative costs directly attributable to the grants and programs funded by the fund, including, but not limited to, the costs of clerical and support personnel. Any unexpended balance of monies in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure from such fund in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 66a - Victims of Human Trafficking Trust Fund

Section 66A. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Victims of Human Trafficking Trust Fund. The fund shall consist of proceeds of assets seized and forfeited pursuant to sections 55 and 56 of chapter 265 and fines and assessments collected pursuant to sections 50, 51 and 54 of said chapter 265 and section 107 of chapter 272, together with any interest or earnings accrued on such monies through investment or deposit. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section in accordance with sections 34 and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund. The state treasurer shall transfer funds from the income and receipts of the fund to the victim and witness assistance board, as established in section 4 of chapter 258B, from time to time, at the request of the board. The board shall award and administer grants from the fund, without further appropriation, to public, private non-profit or community-based programs in the commonwealth to provide services to victims of offenses under said sections 50 and 51 of said chapter 265.
The board shall file a report detailing the amount of funds collected and expended from the fund, along with a copy of the written criteria used to expend the funds, to the house and senate committees on ways and means not later than August 15 of each calendar year. Administrative and operational expenses directly attributable to the grants and programs funded by the fund including, but not limited to, the costs of clerical and support personnel, shall not exceed 5 per cent of the total assets of the fund in any 1 fiscal year. Any unexpended balance of monies in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure from such fund in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 67 - Commonwealth Security Trust Fund

Section 67. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Security Trust Fund. There shall be credited to said fund revenues received from the sale of United We Stand distinctive registration plates and interest earnings thereon issued pursuant to section 2E of chapter 90.
(b) There shall be a board of trustees of the Fund which shall consist of the secretary of public safety; the secretary of health and human services; the registrar of motor vehicles; and the following individuals to be appointed by the governor: 2 representatives from the law enforcement community; 2 representatives from the firefighting community and 2 relatives of Massachusetts victims of the September 11, 2001 terrorist attack on America. The secretary of public safety shall serve as chair of the board of trustees. The board of trustees shall adopt operating rules and procedures for its organization and activities and shall submit such rules and procedures in writing to the house and senate committees on ways and means and the secretary of administration and finance. The board shall serve without compensation.
(c) Amounts credited to the Commonwealth Security Trust Fund and interest earnings thereon shall be available for expenditure and not subject to appropriation at the direction of the chair of the board of trustees upon the approval of the board for the following purposes: (i) for providing grants to local police and fire departments for the purpose of enhancing emergency response, including responses to acts of terrorism; (ii) toward the design, construction and maintenance of a law enforcement memorial dedicated to Massachusetts law enforcement officers killed in the line of duty; and (iii) toward the design, construction and maintenance of a firefighters memorial dedicated to Massachusetts firefighters killed in the line of duty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 68 - Worker and Small Investor Protection Fund

Section 68. There shall be established and set up on the books of the commonwealth a separate fund to be known as Worker and Small Investor Protection Fund. There shall be credited to the fund all civil penalties and fines due the commonwealth collected under chapter 110A and any income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be received and held in trust solely for investigations and enforcement of chapter 110A and dissemination of information about the requirements of said chapter. Revenues and expenditures of the fund shall be reported on the Massachusetts management and accounting and reporting system and maintained by the state treasurer. The fund shall not exceed a maximum of $500,000. Amounts collected in excess of the maximum shall be deposited in the General Fund.
Expenditures from the Worker and Small Investor Protection Fund shall be made without further appropriation but shall be approved in writing by the secretary of the commonwealth for the sole purposes of investigating or enforcing chapter 110A and the dissemination of information about the requirements of said chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 69 - Securities Fraud Prosecution Fund

Section 69. There shall be established and set up on the books of the commonwealth a separate fund to be known as Securities Fraud Prosecution Fund. There shall be credited to the fund all criminal penalties, fines and settlements not intended to compensate victims of securities fraud due the commonwealth collected under chapter 110A and any income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be received and held in trust for investigations and enforcement of chapter 110A. Revenues and expenditures of the fund shall be reported on the Massachusetts management and accounting and reporting system and maintained by the state treasurer. The Fund shall not exceed a maximum of $500,000. Amounts collected in excess of the maximum shall be deposited in the General Fund.
Expenditures from the Securities Fraud Prosecution Fund shall be made without further appropriation but shall be approved in writing by the secretary of the commonwealth for the sole purposes of investigating or enforcing chapter 110A and the dissemination of information about the requirements of said chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 69b - Endowment Incentive Holding Fund

Section 69B. (a) There shall be set up on the books of the commonwealth a separate fund to be known as the Endowment Incentive Holding Fund to be used, without appropriation, for purposes outlined in section 15E of chapter 15A. The board of higher education shall administer the fund and shall be its trustee. No monies deposited into this holding fund that are unexpended at the end of the fiscal year shall revert to the General Fund. No expenditure from said fund shall cause said fund to be in a deficiency at the close of a fiscal year.
[There is no subsection (b).]
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 70 - Alcoholic Beverages Control Commission; Members

Section 70. There shall be a commission to be known as the alcoholic beverages control commission, to consist of a commissioner and 2 associate commissioners appointed by the treasurer. Not more than 2 members shall be members of the same political party. The commissioner shall serve a term coterminous with the treasurer. The 2 associate commissioners serving on the alcoholic beverages control commission on May 1, 2003 shall remain the associate commissioners until January 2, 2005. The 2 associate commissioners shall thereafter be appointed by the treasurer for terms of 4 years. The commissioner shall serve as chairman and shall devote his full time during business hours to his official duties. Any vacancy may be filled in like manner for the remainder of the unexpired term. The treasurer may remove any member for neglect of duty, misconduct or malfeasance in office, after providing the member with a written statement of the charges and an opportunity to be heard. Two members shall constitute a quorum for the purpose of conducting the business of the commission. A vacancy shall not impair the right of the remaining members to exercise the powers of the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 71 - Alcoholic Beverages Control Commission; Duties

Section 71. The commission shall have general supervision of the conduct of the business of manufacturing, importing, exporting, storing, transporting and selling alcoholic beverages as defined in section 1 of chapter 138, and also of the quality, purity and alcoholic content thereof.
The commission shall submit to the governor, the treasurer and to the general court, as soon as possible after the end of each state fiscal year, a full report of its actions and of the conduct and condition of traffic in alcoholic beverages during such year, together with recommendations for such legislation as it deems necessary or desirable for the better regulation and control of such traffic and for the promotion of temperance in the use of such beverages. The members shall receive their necessary traveling and other expenses incurred while in the performance of their official duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 72 - Alcoholic Beverages Control Commission; Appointments

Section 72. The commission may appoint and remove a secretary. It may expend for such investigators, clerical and other assistants as may be necessary for the performance of its duties such amounts as may be appropriated and the employees shall retain all collective bargaining and other rights previously held. The commissioner may appoint a chief investigator and other investigators, who shall be exempt from chapter 31, for the purpose of enforcing or causing to be enforced the penalties provided by law against every person who is guilty of a violation of chapter 138 of which they can obtain reasonable proof, and shall make all necessary and appropriate investigations for that purpose. Each person appointed as an investigator shall complete a basic reserve police officer training course through the criminal justice training council and shall attend a basic training course conducted by the commission. All investigators shall attend an annual in-service training course pursuant to this section. Each member of the commission, and each of its employees having access to moneys received by it, shall give to the treasurer a bond for the faithful performance of his duties in a penal sum and with sureties approved by the treasurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 72a - Gaming Liquor Enforcement Unit

Section 72A. The commissioner of the alcoholic beverages control commission shall establish a gaming liquor enforcement unit whose responsibilities shall include enforcing, regulating and controlling the distribution of alcoholic beverages in a gaming establishment.
The gaming liquor enforcement unit shall work in conjunction and cooperation with the investigations and enforcement bureau within the Massachusetts gaming commission established in chapter 23K. The commissioner shall assign investigators and employees of the unit to the bureau, who shall report to the director of the bureau and to the commissioner; provided, however, that the Massachusetts gaming commission shall designate the number of investigators and employees necessary to staff the unit; and provided further, that the code of ethics established pursuant to subsection (m) of section 3 of chapter 23K shall apply to all investigators and employees of the unit. No investigator or employee of the unit, other than in the performance of official duties, shall place a wager in a gaming establishment licensed under chapter 23K. The commissioner shall establish a program to rotate investigators in and out of the unit. The alcoholic beverages control commission shall be reimbursed by the Massachusetts gaming commission for the costs of operating the unit; provided, however, that the Massachusetts gaming commission shall have final approval over the budget of the unit.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 10 - Department of the State Treasurer › Section 74 - Alcoholic Beverage License Applicants and Licensees; Building Safety Certificate of Inspection

Section 74. The commission shall require all applicants for alcoholic beverages licenses to submit a valid certificate of inspection, as provided in the state building code, issued by a local inspector, as defined in chapter 143, and signed by the head of the fire department, as defined in chapter 148, for the city, town or district in which the applicant intends to sell alcoholic beverages to be consumed on the premises. The certificate of inspection shall attest to the safety of the building or structure in which the applicant intends to sell alcoholic beverages to be consumed on the premises and that the building or structure meets or exceeds the requirements of the state building code.
The commission shall require that every license holder submit, annually, a valid certificate of inspection, as provided in the state building code, issued by a local inspector and signed by the head of the fire department for the city, town or district in which the premises is located and from which alcoholic beverages intended to be consumed on the premises are to be sold. The issuance of such certificate shall be a precondition for the issuance or renewal of such a license and the commission may summarily revoke any license upon notice of noncompliance or expiration of such certificate, by operation of law and without a hearing. The commission may presume that such premises conform with the inspectional safety requirements for the premises as provided for in the state building code based upon such certificate, however such presumption may be rebutted.
Failure by the inspector to issue an annual certificate of inspection, signed by the head of the fire department, may be appealed in accordance with the inspectional safety requirement procedures for appeal as provided in the state building code.
The commission may authorize the issuance of a temporary license to any applicant or license holder who has been issued a temporary certificate of inspection by a local inspector and signed by the head of the fire department, as provided in the state building code, if the applicant or license holder has complied with the terms therein and the temporary certificate of inspection has not expired. Such temporary license may be revoked by the commission, without a hearing, if the licensee has failed to comply with the terms of such temporary certificate.
Failure by the inspector to issue an annual certificate of inspection signed by the head of the fire department, may be appealed in accordance with the inspectional safety requirement procedures for appeal as provided for in the state building code.
The commission shall promulgate rules and regulations to effectuate the purposes of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 11 - Department of the State Auditor › Section 1 - State Auditor; Supervision of Department; Bond and Salary; Income From Other Sources

Section 1. (a) There shall be a department of the state auditor, under the supervision and control of the state auditor, which shall be organized as provided in this chapter. The state auditor shall receive a salary of $165,000 and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in the commonwealth for the most recent 8 quarters as determined by the Bureau of Economic Analysis in the United States Department of Commerce. The state auditor shall give to the state treasurer a bond for the faithful performance of the state auditor's official duties in a penal sum and with sureties approved by the governor and council.
(b) The state auditor shall not receive earned income from any other source but may receive unearned or passive income.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 11 - Department of the State Auditor › Section 2 - First Deputy; Appointment and Removal; Duties; Bond

Section 2. The state auditor shall appoint a first deputy auditor who shall perform such duties as may be assigned him by the auditor and who may be removed by him for cause at any time. If, by reason of sickness, absence or other cause, the auditor is temporarily unable to perform the duties of his office, the first deputy shall perform the same until such disability ceases. In the event of a vacancy in the office of auditor, the first deputy shall be continued in office and shall perform all statutory duties of the auditor until an auditor shall be duly qualified. The first deputy shall give bond to the commonwealth for the faithful discharge of his duties, in a sum not exceeding five thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 11 - Department of the State Auditor › Section 6 - Divisions; Appointments; Duties; Compensation; Tenure

Section 6. The state auditor may appoint and remove such employees as the work of the department may require. Said employees shall be organized in five divisions, namely, the division of state audits, the division of authority audits, the division of federal audits, the division of contract audits and the division of local mandates. The state auditor shall establish the salaries, duties and personnel regulations of all officers and employees within the department of the state auditor; provided, however, that the salaries of said officers and employees shall not exceed the sum annually appropriated therefor by the general court. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one and chapter one hundred and fifty E shall not apply to officers and employees within the department of the state auditor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 11 - Department of the State Auditor › Section 6a - Annual Personnel Report

Section 6A. The state auditor shall file an annual report not later than the first Wednesday in February with the senate and house committees on ways and means containing the job classification, duties and salary of each officer and employee within the department and all personnel regulations established pursuant to section six. The auditor shall file amendments to such report with the senate and house committees on ways and means, whenever any changes become effective.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 11 - Department of the State Auditor › Section 6b - Division of Local Mandates; Responsibilities and Powers

Section 6B. The division of local mandates, as provided for in section six of this chapter, shall have the responsibility of determining to the best of its ability and in a timely manner the estimated and actual financial effects on each city and town of laws, and rules and regulations of administrative agencies of the commonwealth either proposed or in effect, as required under section twenty-seven C of chapter twenty-nine of the General Laws.
The division shall have the power to require the chief officer of any appropriate administrative agency of the commonwealth to supply in a timely manner any information determined by the division to be necessary in the determination of local financial effects under said section twenty-seven C. The chief officer shall convey the requested information to the division with a signed statement to the effect that the information is accurate and complete to the best of his ability.
The division when requested under the provisions of subsections (d) and (f) of said section twenty-seven C, shall update its determination of financial effects based on either actual cost figures or improved estimates or both.
The division shall review every five years those laws and administrative regulations which have a significant financial impact upon cities or towns. For the purposes of this section ''Significant financial impact'' is defined as requiring municipalities to expand existing services, employ additional personnel, or increase local expenditures. Said division shall determine the costs and benefits of each such law and regulation, and submit a report to the general court of each session together with its recommendation, if any, for the continuation, modification or elimination of such law or regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 11 - Department of the State Auditor › Section 13 - Federally Funded Programs; Mutual Financial Audits; Agreements

Section 13. The state auditor may enter into agreements or contracts with the federal government or its agencies, or state agencies, acting in behalf thereof for the purpose of conducting mutual financial audits of programs funded in whole or in part by the federal government and carried out by agencies of the commonwealth. Such audits shall be undertaken only after related contracts or agreements between the parties have been filed with the joint legislative committee on federal financial assistance and funds received in accordance with such agreements have been deposited with the state treasurer into a separate account and expended solely for the purpose of this section. The costs of these audits shall not exceed the amount of funds received therefor and for these purposes may be expended without appropriation and providing further that the commonwealth shall receive the maximum reimbursement for the cost of providing group insurance, workers' compensation and retirement benefits. The term of employment of any individual hired by the state auditor under the provisions of this section shall be expressly limited in duration by the availability of federal funds. The term of employment shall expire on the date of expiration of the federal funds.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 11 - Department of the State Auditor › Section 16 - Bureau of Special Investigations; Director; Duties

Section 16. There shall be in the office of the state auditor a bureau of special investigations, headed by a director, who shall be appointed by the state auditor, and who shall be a person of ability and experience and shall devote his entire time to the duties of the office. Said auditor may appoint such other experts and officers as he deems necessary to carry out the work of the bureau. Employees of the bureau shall not be members of a collective bargaining unit. The director may expend, subject to appropriation, for legal, investigative, clerical and other assistance and expenses such sums as may be available therefor by the general court. Nothing in this section shall be construed as extending the audit authority of the auditor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 1 - Attorney General; Supervision of Department; Salary; Qualifications; Other Sources of Income

Section 1. (a) There shall be a department of the attorney general, under the supervision and control of the attorney general, which shall be organized as provided in this chapter. The attorney general shall receive a salary of $175,000 and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in the commonwealth for the most recent 8 quarters as determined by the Bureau of Economic Analysis in the United States Department of Commerce. The attorney general shall be a member of the bar of the commonwealth.
(b) The attorney general shall not receive earned income from any other source but may receive unearned or passive income.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 2 - Assistants and Employees; Appointment; Duties; Compensation; Tenure; Vacancies

Section 2. The attorney general shall appoint a first assistant attorney general and may appoint such other assistants and employees as the duties of the department require. The attorney general shall establish the salaries, duties and personnel regulations of all officers and employees within the department of the attorney general; provided, however, that the salaries of said officers and employees shall not exceed the sum annually appropriated therefor by the general court. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one and chapter one hundred and fifty E shall not apply to officers and employees within the department of the attorney general. Persons appointed as assistant attorneys general shall, in the event of a vacancy in the office of attorney general, continue in the office until an attorney general is duly qualified.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 2a - Attorney General; Disability; Filling Vacancies

Section 2A. If the attorney general is disabled from performing his official duties, the first assistant attorney general shall perform the same during such disability. If the attorney general is disabled from performing his official duties and the first assistant attorney general is also disabled, the governor shall appoint one of the other assistant attorneys general to perform the official duties of the attorney general during the disability of the attorney general and the first assistant attorney general. In the event of a vacancy in the office of attorney general, the first assistant attorney general shall be continued in office and shall perform all statutory duties of the attorney general until an attorney general is duly qualified. In the event that the first assistant attorney general is disabled or is unable to fill the vacancy in the office of attorney general, the governor shall appoint one of the other assistant attorneys general to perform the statutory duties of the office during the disability of the first assistant attorney general or until an attorney general is duly qualified. The person upon whom such duties shall devolve shall notwithstanding anything to the contrary herein contained possess the powers and perform the duties of the attorney general only in matters not admitting of delay, but shall have no power to make appointments.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 2b - Annual Personnel Report

Section 2B. The attorney general shall file an annual report not later than the first Wednesday in February with the senate and house committees on ways and means containing the job classification, duties and salary of each officer and employee within the department and all personnel regulations established pursuant to section two. The attorney general shall file amendments to such report with the senate and house committees on ways and means whenever any changes become effective.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 3 - Appearances for Commonwealth, Prosecution or Defense; Rendering of Legal Services; Payment of Expenses for Representation of Department of Transportation

Section 3. The attorney general shall appear for the commonwealth and for state departments, officers and commissions in all suits and other civil proceedings in which the commonwealth is a party or interested, or in which the official acts and doings of said departments, officers and commissions are called in question, in all the courts of the commonwealth, except upon criminal recognizances and bail bonds, and in such suits and proceedings before any other tribunal, including the prosecution of claims of the commonwealth against the United States, when requested by the governor or by the general court or either branch thereof. All such suits and proceedings shall be prosecuted or defended by him or under his direction. Writs, summonses or other processes served upon such officers shall be forthwith transmitted by them to him. All legal services required by such departments, officers, commissions and commissioners of pilots for districts 1 to 4, inclusive, in matters relating to their official duties shall, except as otherwise provided, be rendered by the attorney general or under his direction.
The Massachusetts Turnpike Authority, or any successor in interest, shall enter into a memorandum of understanding with the attorney general through which the authority shall provide payment to the attorney general of all direct and indirect costs of the attorney general's representation of the authority, and the attorney general may retain and expend such funds without further appropriation for the purpose of defraying such costs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 3e - Defense of Actions Against Officers or Employees

Section 3E. Upon the filing with the attorney general of a written request by an officer or employee of any agency within the executive office of health and human services or the department of education, that the attorney general defend him in any action alleging an intentional or unintentional tort or other wrongful act or omission, or violation of the civil rights of any person under any federal or state law, arising out of the operation of said agencies within the executive office of health and human services or of the department of education, the attorney general shall, if after investigation it appears to him that such officer or employee was at the time the cause of action arose acting within the scope of his official duties of employment, take over the management and defense of such action. The attorney general may adjust or settle any such action at any time before, during or after trial, if he finds after investigation that the plaintiff is entitled to damages from such officer or employee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 4 - Claims of Commonwealth; Enforcement

Section 4. He shall enforce the collection of such money due on the bonds, notes and securities listed in the accounts transmitted to him under section nine of chapter ten, and the performance of such conditions therein referred to as, with due regard to the situation of the debtors, he may consider that the interests of the commonwealth require.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 4a - Acceptance of Gifts or Grants of Money or Property

Section 4A. The department may accept any gifts or grants of money or property, whether real or personal, from any source, whether public or private, including but not limited to the United States of America or its agencies, for the purpose of assisting the department in the discharge of its duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 5e - Alternate Remedies Available to Determine Civil Penalty

Section 5E. Notwithstanding the provisions of section 5C, the attorney general may elect to pursue its claim through any alternate remedy available to the attorney general, including any administrative proceeding, to determine a civil penalty. If any such alternate remedy is pursued in another proceeding, a relator shall have the same rights in such proceeding as said relator would have had if the action had continued under said section 5C. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under sections 5B to 5O, inclusive. For purposes of this section, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the commonwealth, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 5g - Actions Brought Against Governor, Lieutenant Governor, Attorney General, Treasurer, Secretary of State, etc.; Jurisdiction

Section 5G. (a) No court shall have jurisdiction over an action brought pursuant to section 5C against the governor, the lieutenant governor, the attorney general, the treasurer, the secretary of state, the auditor, a member of the general court, the inspector general or a member of the judiciary, if the action is based on evidence or information known to the commonwealth when the action was brought.
(b) An individual may not bring an action pursuant to paragraph (2) of said section 5C that is based upon allegations or transactions which are the subject of a civil suit or an administrative proceeding in which the commonwealth or any political subdivision thereof is already a party.
(c) The court shall dismiss an action or claim pursuant to sections 5B to 5O, inclusive, unless opposed by the commonwealth or any political subdivision thereof, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed: (1) in a Massachusetts criminal, civil or administrative hearing in which the commonwealth is a party; (2) in a Massachusetts legislative, administrative, auditor's or inspector general's report, hearing, audit or investigation; or (3) from the news media, unless the action is brought by the attorney general, or the relator is an original source of the information.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 5h - Money Recovered by Commonwealth; False Claims Prosecution Fund

Section 5H. (1) All money recovered by the commonwealth, as a result of actions brought by the attorney general or a person pursuant to sections 5B to 5O, inclusive, other than costs and attorney's fees awarded pursuant to paragraph (2), shall be credited by the state treasurer to the False Claims Prosecution Fund, established by section 2YY of chapter 29.
(2) Costs and attorney's fees awarded to a relator by final judicial order in an action under this section shall be paid directly by the defendant to the relator.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 5i - Awards of Attorney General Fees and Expenses; Awards of Costs and Attorney Fees Against Relators; Liability

Section 5I. (1) If the attorney general initiates an action or assumes control of an action brought by a person pursuant to sections 5B to 5O, inclusive, the attorney general shall be awarded his reasonable attorney's fees and expenses incurred in the litigation, including costs, if he prevails in the action.
(2) If the attorney general does not proceed with an action pursuant to sections 5B to 5O, inclusive, and the defendant is the prevailing party, the court may award the defendant reasonable attorneys' fees and costs against the relator upon a written finding that such action was pursued in bad faith or was wholly insubstantial, frivolous, and advanced for the purpose of causing the defendant undue burden, unnecessary expense or harassment.
(3) No liability shall be incurred by the commonwealth, the affected agency or the attorney general for any expenses, attorney's fees or other costs incurred by any person in bringing or defending an action under said sections 5B to 5O, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 5j - Employers Preventing Employees From Acting to Further False Claim Actions; Liability

Section 5J. (1) No employer shall make, adopt or enforce any rule, regulation or policy preventing an employee, contractor or agent from disclosing information to a government or law enforcement agency or from acting to further efforts to stop 1 or more violations of sections 5B to 5O, inclusive. No employer shall require as a condition of employment, during the term of employment or at the termination of employment that any employee, contractor or agent agree to, accept or sign an agreement that limits or denies the rights of such employee, contractor or agent to bring an action or provide information to a government or law enforcement agency pursuant to said sections 5B to 5O, inclusive. Any such agreement shall be void.
(2) An employee, contractor or agent shall be entitled to all relief necessary to make that employee, contractor or agent whole if that employee, contractor or agent is discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or a person associated with the employee, contractor or agent in furtherance of an action under sections 5B to 5O, inclusive, or other efforts to stop a violation of said sections 5B to 5O, inclusive.
(3) Notwithstanding any general or special law to the contrary, relief under paragraph (2) shall include reinstatement with the same seniority status the employee, contractor or agent would have had but for the discrimination, twice the amount of back pay, interest on the back pay and compensation for any special damages sustained as a result of the discrimination. In addition, the defendant shall be required to pay litigation costs and reasonable attorneys' fees. An employee, contractor or agent may bring an action in the appropriate superior court, the superior court of the county of Suffolk or any other appropriate court for the relief provided in this section.
(4) A civil action under this section may not be brought more than 3 years after the date when the violation of this section occurred.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 5k - Limitation of Actions; Intervention by Attorney General; Final Judgments in Criminal Proceedings

Section 5K. (1) A civil action pursuant to sections 5B to 5O, inclusive, for a violation of section 5B may not be brought (i) more than six years after the date on which the violation occurred; or (ii) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official within the office of the attorney general charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation is committed, whichever occurs last. A civil action pursuant to sections 5B to 5O, inclusive, may be brought for acts or omissions that occurred prior to the effective date of this section, subject to the limitations period set forth in this section.
(2) If the attorney general elects to intervene and proceed with an action brought pursuant to sections 5B to 5O, inclusive, for a violation of section 5B, the attorney general may file a complaint or amend the complaint of a person who has brought an action pursuant to said sections 5B to 5O, inclusive, to clarify or add detail to the claims in which the attorney general is intervening and to add any additional claims with respect to which the commonwealth or a political subdivision thereof contends it is entitled to relief. For statute of limitations purposes, any such pleading shall relate back to the filing date of the complaint of the person who originally-brought the action, to the extent that the claim of the attorney general arises out of the conduct, transactions or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
(3) Notwithstanding any other general or special law, rule of procedure or rule of evidence to the contrary, a final judgment rendered in favor of the commonwealth in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same act, transaction or occurrence as in the criminal proceedings and which is brought under section 5B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 5l - Preponderance of the Evidence Standard

Section 5L. In any action brought pursuant to sections 5B to 5O, inclusive, the party bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 12 - Department of the Attorney General, and the District Attorneys › Section 5o - Agency Reporting Requirements

Section 5O. Nothing in sections 5B to 5M, inclusive, shall be construed to relieve an agency of its reporting requirements regarding matters within that agency under chapter 647 of the acts of 1989.