Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2994 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2211 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2994
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Antonio F. D. Cabral
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act further regulating access to public records.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/19/2023Christopher Hendricks11th Bristol1/26/2023Paul A. Schmid, III8th Bristol2/1/2023Vanna Howard17th Middlesex2/1/2023 1 of 7
16	16	HOUSE DOCKET, NO. 2211 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2994
18	18	By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2994) of
19	19	Antonio F. D. Cabral and others relative to further regulating access to public records. State
20	20	Administration and Regulatory Oversight.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act further regulating access to public records.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 4 of chapter 9 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby repealed.
31	31	3 SECTION 2. Chapter 66 of the General Laws, as so appearing, is hereby amended by
32	32	4striking out section 1 and inserting in place thereof the following section:
33	33	5 Section 1. Public records division; commission of public records.
34	34	6 (a) There is established a public records division within the office of the secretary of the
35	35	7Commonwealth.
36	36	8 (b) Commission of public records. There shall be a commission of public records to
37	37	9govern the division of public records.
38	38	10 (1) Membership of the commission. The commission shall be composed of five members. 2 of 7
39	39	11 (2) Three members shall be appointed by the governor, one of whom shall be the
40	40	12president of the Massachusetts Municipal Association or his designee and one of whom shall be
41	41	13the president of the Massachusetts Newspaper Publishers Association or his designee. One
42	42	14member shall be appointed by the secretary of state and shall serve as chairman and one member
43	43	15shall be appointed by the attorney general.
44	44	16 (3) Members shall serve for terms of five years.
45	45	17 (4) No member or employee of the commission shall hold or be a candidate for any other
46	46	18public office while a member or employee or for 1 year thereafter.
47	47	19 (5) Members may be removed by a majority vote of the governor, state secretary and
48	48	20attorney general for substantial neglect of duty, inability to discharge the powers and duties of
49	49	21office, violation of subsection (d) of this section, gross misconduct, or conviction of a felony.
50	50	22 (6) Any vacancy occurring on the commission shall be filled within 90 days by the
51	51	23original appointing authority. A person appointed to fill a vacancy occurring other than by
52	52	24expiration of a term of office shall be appointed for the unexpired term of the member he
53	53	25succeeds.
54	54	26 (7) The commission shall elect a vice chairman, who shall serve as chairman in the
55	55	27chairman’s absence. Three members shall constitute a quorum and three affirmative votes shall
56	56	28be required for any action or recommendation of the commission. Any member may call a
57	57	29meeting; at least seven days advance notice of all meetings shall be given to all members and to
58	58	30any other person who requests such notice and posted online. 3 of 7
59	59	31 (c) Members shall be compensated for work performed for the commission at such rate as
60	60	32the secretary of state and the secretary of administration and finance shall jointly determine, and
61	61	33shall be reimbursed for their reasonable expenses.
62	62	34 (d) The commission shall annually report to the general court and the governor
63	63	35concerning the action it has taken; the names and salaries and duties of all individuals in its
64	64	36employ and the money it has disbursed; and shall make such further reports on matters within its
65	65	37jurisdiction as may appear necessary.
66	66	38 (e) The commission shall hire and employ a supervisor of public records and, subject to
67	67	39appropriations, such other staff as it shall require, who shall serve at the pleasure of the
68	68	40commission.
69	69	41 SECTION 3. Chapter 66 of the General Laws, as so appearing, is hereby amended by
70	70	42inserting after section 1A the following section:
71	71	43 Section 2. The supervisor of public records (in this chapter referred to as the ‘supervisor
72	72	44of records’) shall take necessary measures to put the records of the Commonwealth, counties,
73	73	45cities, or towns in the custody and condition required by law and to secure their preservation. He
74	74	46shall see that the records of churches, parishes, or religious societies are kept in the custody and
75	75	47condition contemplated by the various laws relating to churches, parishes, or religious societies,
76	76	48and for these purposes, he may expend from the amount appropriated for expenses such amount
77	77	49as he considers necessary. The supervisor of records shall adopt regulations pursuant to the
78	78	50provisions of chapter 30A to implement the provisions of this chapter.”.
79	79	51 SECTION 4. Section 10 of said chapter, as so appearing, is hereby amended by striking
80	80	52out subsection (b) and inserting in place thereof the following subsection:- 4 of 7
81	81	53 (b) A custodian of a public record shall, within 10 days following receipt of a request for
82	82	54inspection or copy of a public record, comply with such request. Such request may be delivered
83	83	55in hand to the office of the custodian or mailed via first class mail or sent electronically if the
84	84	56office has designated a secure means of receiving such requests electronically that allows the
85	85	57requester to obtain a written receipt of said request. If the record is maintained electronically, the
86	86	58custodian shall provide the requested public record in electronic form if so requested. If the
87	87	59custodian refuses or fails to comply with such a request, the person making the request may
88	88	60petition the supervisor of records for a determination of whether the record requested is public.
89	89	61Upon the determination by the supervisor of records that the record is public, he shall order the
90	90	62custodian of the public record to comply with the person's request. If the custodian refuses or
91	91	63fails to comply with any such order, the supervisor of records shall, within five days, notify the
92	92	64attorney general or the appropriate district attorney thereof who shall take whatever measures he
93	93	65deems necessary to ensure compliance with the provisions of this section. The supervisor of
94	94	66records may also seek compliance with his order pursuant to section 10A where neither the
95	95	67attorney general nor the appropriate district attorney has achieved enforcement of the order
96	96	68within 60 days of notification. The administrative remedy provided by this section shall in no
97	97	69way limit the availability of the administrative remedies provided by the commissioner of
98	98	70administration and finance with respect to any officer or employee of any agency, executive
99	99	71office, department, or board; nor shall the administrative remedy provided by this section in any
100	100	72way limit the availability of judicial remedies otherwise available to any person requesting a
101	101	73public record. If a custodian of a public record refuses or fails to comply with the request of any
102	102	74person for inspection or copy of a public record or with an administrative order under this
103	103	75section, the supreme judicial or superior court shall have jurisdiction to order compliance. The 5 of 7
104	104	76person making the request shall be entitled to an award of reasonable attorney's fees and costs if
105	105	77the custodian withholding the public record was in violation of this chapter.
106	106	78 SECTION 5. Chapter 66 of the General Laws, as so appearing, is hereby amended by
107	107	79inserting after section 10B the following section:
108	108	80 Section 10C. The Division of Public Record Appeals.
109	109	81 (a) Establishment of the Division.
110	110	82 (1) The supervisor of records may conduct adjudicatory proceedings and promulgate
111	111	83regulations relative to conducting said proceedings.
112	112	84 (2) There is established in the division of administrative law appeals a division of public
113	113	85record appeals (in this section referred to as the “division”).
114	114	86 (b) The Chief Administrative Magistrate.
115	115	87 (1) The division shall be under the direction of a chief administrative magistrate, who
116	116	88shall be appointed by the supervisor of records. Said chief administrative magistrate, shall be a
117	117	89resident of the commonwealth at the time of the chief administrative magistrate’s appointment
118	118	90and shall be a person with substantial experience as a trial attorney.
119	119	91 (2) The chief administrative magistrate shall hear, or assign for hearing, appeals filed
120	120	92pursuant to this chapter or regulations promulgated thereof and may, subject to appropriation,
121	121	93appoint and make available presiding officers who serve as administrative magistrates, or the
122	122	94equivalent thereof, to hear appeals assigned pursuant to this chapter. Said presiding officers shall
123	123	95serve under the direction, supervision, and control of the supervisor of records and shall be
124	124	96utilized to expedite appeals of the public records division. The chief administrative magistrate, 6 of 7
125	125	97shall when necessary, promulgate regulations governing the proceedings or appeals to be so
126	126	98conducted or heard prior to conducting or hearing any proceedings or appeals.
127	127	99 (c) Powers and Responsibilities of the Division.
128	128	100 (1) It shall be the responsibility of said chief administrative magistrate to organize the
129	129	101division to provide speedy and fair disposition of all appeals and to establish policies that will
130	130	102encourage and aid parties in their compliance with this chapter.
131	131	103 (2) The division may summon witnesses, administer oath and require the production of
132	132	104books, records, papers, electronic records, and any other document at any hearing before the
133	133	105division, upon any matter within its jurisdiction. Witnesses may be summoned by any party to
134	134	106the proceeding in the same manner, be paid the same fees, and be subject to the same penalties as
135	135	107witnesses in civil cases before the courts of the Commonwealth.
136	136	108 (3) The division may institute, by its own initiative, appropriate proceedings in the court
137	137	109with appropriate jurisdiction for enforcement of its final orders or decisions. Any party aggrieved
138	138	110by a final order or decision of the division following a hearing pursuant to any section of this
139	139	111chapter or chapter 31A may institute proceedings for judicial review in the superior court within
140	140	11230 days after receipt of such order or decision. Any proceedings in the court with appropriate
141	141	113jurisdiction shall, insofar as applicable, be governed by the provisions of section 14 of chapter
142	142	11430A, and may be instituted in the court with appropriate jurisdiction.
143	143	115 SECTION 6. Chapter 66 of the General Laws, as so appearing, is hereby amended by
144	144	116striking out section 15, and inserting in place thereof the following section: 7 of 7
145	145	117 Section 15. Whoever unlawfully keeps in his possession any public record or removes it
146	146	118from the room where it is usually kept, or alters, defaces, mutilates, or destroys any public record
147	147	119or violates any provision of this chapter shall be punished by a fine of not less than $500 nor
148	148	120more than $5,000, or by imprisonment for not more than 1 year, or both. Any public officer who
149	149	121refuses or neglects to perform any duty required of him by this chapter shall for each month of
150	150	122such neglect or refusal be punished by a fine of not more than $500.
151	151	123 SECTION 7. Section 1 of chapter 447 of the acts of 1947, is hereby amended by
152	152	124striking out the following words:
153	153	125 “; provided, that the substance of debates by and among the members of the city council
154	154	126shall not be so published or published elsewhere at the expense of said city”.
155	155	127