Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3301 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. 494 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3301
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 Bristol1/9/2025 1 of 7
16	16	HOUSE DOCKET, NO. 494 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3301
18	18	By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 3301) of
19	19	Antonio F. D. Cabral relative to further regulating access to public records. State Administration
20	20	and Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2994 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act further regulating access to public records.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 4 of chapter 9 of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby repealed.
33	33	3 SECTION 2. Chapter 66 of the General Laws, as so appearing, is hereby amended by
34	34	4striking out section 1 and inserting in place thereof the following section:
35	35	5 Section 1. Public records division; commission of public records.
36	36	6 (a) There is established a public records division within the office of the secretary of the
37	37	7Commonwealth.
38	38	8 (b) Commission of public records. There shall be a commission of public records to
39	39	9govern the division of public records. 2 of 7
40	40	10 (1) Membership of the commission. The commission shall be composed of five members.
41	41	11 (2) Three members shall be appointed by the governor, one of whom shall be the
42	42	12president of the Massachusetts Municipal Association or his designee and one of whom shall be
43	43	13the president of the Massachusetts Newspaper Publishers Association or his designee. One
44	44	14member shall be appointed by the secretary of state and shall serve as chairman and one member
45	45	15shall be appointed by the attorney general.
46	46	16 (3) Members shall serve for terms of five years.
47	47	17 (4) No member or employee of the commission shall hold or be a candidate for any other
48	48	18public office while a member or employee or for 1 year thereafter.
49	49	19 (5) Members may be removed by a majority vote of the governor, state secretary and
50	50	20attorney general for substantial neglect of duty, inability to discharge the powers and duties of
51	51	21office, violation of subsection (d) of this section, gross misconduct, or conviction of a felony.
52	52	22 (6) Any vacancy occurring on the commission shall be filled within 90 days by the
53	53	23original appointing authority. A person appointed to fill a vacancy occurring other than by
54	54	24expiration of a term of office shall be appointed for the unexpired term of the member he
55	55	25succeeds.
56	56	26 (7) The commission shall elect a vice chairman, who shall serve as chairman in the
57	57	27chairman’s absence. Three members shall constitute a quorum and three affirmative votes shall
58	58	28be required for any action or recommendation of the commission. Any member may call a
59	59	29meeting; at least seven days advance notice of all meetings shall be given to all members and to
60	60	30any other person who requests such notice and posted online. 3 of 7
61	61	31 (c) Members shall be compensated for work performed for the commission at such rate as
62	62	32the secretary of state and the secretary of administration and finance shall jointly determine, and
63	63	33shall be reimbursed for their reasonable expenses.
64	64	34 (d) The commission shall annually report to the general court and the governor
65	65	35concerning the action it has taken; the names and salaries and duties of all individuals in its
66	66	36employ and the money it has disbursed; and shall make such further reports on matters within its
67	67	37jurisdiction as may appear necessary.
68	68	38 (e) The commission shall hire and employ a supervisor of public records and, subject to
69	69	39appropriations, such other staff as it shall require, who shall serve at the pleasure of the
70	70	40commission.
71	71	41 SECTION 3. Chapter 66 of the General Laws, as so appearing, is hereby amended by
72	72	42inserting after section 1A the following section:
73	73	43 Section 2. The supervisor of public records (in this chapter referred to as the ‘supervisor
74	74	44of records’) shall take necessary measures to put the records of the Commonwealth, counties,
75	75	45cities, or towns in the custody and condition required by law and to secure their preservation. He
76	76	46shall see that the records of churches, parishes, or religious societies are kept in the custody and
77	77	47condition contemplated by the various laws relating to churches, parishes, or religious societies,
78	78	48and for these purposes, he may expend from the amount appropriated for expenses such amount
79	79	49as he considers necessary. The supervisor of records shall adopt regulations pursuant to the
80	80	50provisions of chapter 30A to implement the provisions of this chapter.”.
81	81	51 SECTION 4. Section 10 of said chapter, as so appearing, is hereby amended by striking
82	82	52out subsection (b) and inserting in place thereof the following subsection:- 4 of 7
83	83	53 (b) A custodian of a public record shall, within 10 days following receipt of a request for
84	84	54inspection or copy of a public record, comply with such request. Such request may be delivered
85	85	55in hand to the office of the custodian or mailed via first class mail or sent electronically if the
86	86	56office has designated a secure means of receiving such requests electronically that allows the
87	87	57requester to obtain a written receipt of said request. If the record is maintained electronically, the
88	88	58custodian shall provide the requested public record in electronic form if so requested. If the
89	89	59custodian refuses or fails to comply with such a request, the person making the request may
90	90	60petition the supervisor of records for a determination of whether the record requested is public.
91	91	61Upon the determination by the supervisor of records that the record is public, he shall order the
92	92	62custodian of the public record to comply with the person's request. If the custodian refuses or
93	93	63fails to comply with any such order, the supervisor of records shall, within five days, notify the
94	94	64attorney general or the appropriate district attorney thereof who shall take whatever measures he
95	95	65deems necessary to ensure compliance with the provisions of this section. The supervisor of
96	96	66records may also seek compliance with his order pursuant to section 10A where neither the
97	97	67attorney general nor the appropriate district attorney has achieved enforcement of the order
98	98	68within 60 days of notification. The administrative remedy provided by this section shall in no
99	99	69way limit the availability of the administrative remedies provided by the commissioner of
100	100	70administration and finance with respect to any officer or employee of any agency, executive
101	101	71office, department, or board; nor shall the administrative remedy provided by this section in any
102	102	72way limit the availability of judicial remedies otherwise available to any person requesting a
103	103	73public record. If a custodian of a public record refuses or fails to comply with the request of any
104	104	74person for inspection or copy of a public record or with an administrative order under this
105	105	75section, the supreme judicial or superior court shall have jurisdiction to order compliance. The 5 of 7
106	106	76person making the request shall be entitled to an award of reasonable attorney's fees and costs if
107	107	77the custodian withholding the public record was in violation of this chapter.
108	108	78 SECTION 5. Chapter 66 of the General Laws, as so appearing, is hereby amended by
109	109	79inserting after section 10B the following section:
110	110	80 Section 10C. The Division of Public Record Appeals.
111	111	81 (a) Establishment of the Division.
112	112	82 (1) The supervisor of records may conduct adjudicatory proceedings and promulgate
113	113	83regulations relative to conducting said proceedings.
114	114	84 (2) There is established in the division of administrative law appeals a division of public
115	115	85record appeals (in this section referred to as the “division”).
116	116	86 (b) The Chief Administrative Magistrate.
117	117	87 (1) The division shall be under the direction of a chief administrative magistrate, who
118	118	88shall be appointed by the supervisor of records. Said chief administrative magistrate, shall be a
119	119	89resident of the commonwealth at the time of the chief administrative magistrate’s appointment
120	120	90and shall be a person with substantial experience as a trial attorney.
121	121	91 (2) The chief administrative magistrate shall hear, or assign for hearing, appeals filed
122	122	92pursuant to this chapter or regulations promulgated thereof and may, subject to appropriation,
123	123	93appoint and make available presiding officers who serve as administrative magistrates, or the
124	124	94equivalent thereof, to hear appeals assigned pursuant to this chapter. Said presiding officers shall
125	125	95serve under the direction, supervision, and control of the supervisor of records and shall be
126	126	96utilized to expedite appeals of the public records division. The chief administrative magistrate, 6 of 7
127	127	97shall when necessary, promulgate regulations governing the proceedings or appeals to be so
128	128	98conducted or heard prior to conducting or hearing any proceedings or appeals.
129	129	99 (c) Powers and Responsibilities of the Division.
130	130	100 (1) It shall be the responsibility of said chief administrative magistrate to organize the
131	131	101division to provide speedy and fair disposition of all appeals and to establish policies that will
132	132	102encourage and aid parties in their compliance with this chapter.
133	133	103 (2) The division may summon witnesses, administer oath and require the production of
134	134	104books, records, papers, electronic records, and any other document at any hearing before the
135	135	105division, upon any matter within its jurisdiction. Witnesses may be summoned by any party to
136	136	106the proceeding in the same manner, be paid the same fees, and be subject to the same penalties as
137	137	107witnesses in civil cases before the courts of the Commonwealth.
138	138	108 (3) The division may institute, by its own initiative, appropriate proceedings in the court
139	139	109with appropriate jurisdiction for enforcement of its final orders or decisions. Any party aggrieved
140	140	110by a final order or decision of the division following a hearing pursuant to any section of this
141	141	111chapter or chapter 31A may institute proceedings for judicial review in the superior court within
142	142	11230 days after receipt of such order or decision. Any proceedings in the court with appropriate
143	143	113jurisdiction shall, insofar as applicable, be governed by the provisions of section 14 of chapter
144	144	11430A, and may be instituted in the court with appropriate jurisdiction.
145	145	115 SECTION 6. Chapter 66 of the General Laws, as so appearing, is hereby amended by
146	146	116striking out section 15, and inserting in place thereof the following section: 7 of 7
147	147	117 Section 15. Whoever unlawfully keeps in his possession any public record or removes it
148	148	118from the room where it is usually kept, or alters, defaces, mutilates, or destroys any public record
149	149	119or violates any provision of this chapter shall be punished by a fine of not less than $500 nor
150	150	120more than $5,000, or by imprisonment for not more than 1 year, or both. Any public officer who
151	151	121refuses or neglects to perform any duty required of him by this chapter shall for each month of
152	152	122such neglect or refusal be punished by a fine of not more than $500.
153	153	123 SECTION 7. Section 1 of chapter 447 of the acts of 1947, is hereby amended by
154	154	124striking out the following words:
155	155	125 “; provided, that the substance of debates by and among the members of the city council
156	156	126shall not be so published or published elsewhere at the expense of said city”.