Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2129 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 426 FILED ON: 1/13/2025
3	3	SENATE . . . . . . . . . . . . . . No. 2129
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Peter J. Durant
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 relative to remote access for public bodies and town meeting.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Peter J. DurantWorcester and HampshireBruce E. TarrFirst Essex and Middlesex2/27/2025 1 of 8
16	16	SENATE DOCKET, NO. 426 FILED ON: 1/13/2025
17	17	SENATE . . . . . . . . . . . . . . No. 2129
18	18	By Mr. Durant, a petition (accompanied by bill, Senate, No. 2129) of Peter J. Durant and Bruce
19	19	E. Tarr for legislation relative to remote access for public bodies and town meetings. State
20	20	Administration and Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2011 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 relative to remote access for public bodies and town meeting.
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 20 of Chapter 30A of the General Laws, as so appearing in the 2022
32	32	2Official Edition, is hereby amended by striking out section 20, and inserting in place thereof the
33	33	3following section:
34	34	4 Section 20. (a) Except as provided in section 21, all meetings of a public body shall be
35	35	5open to the public.
36	36	6 (b) Except in an emergency, in addition to any notice otherwise required by law, a public
37	37	7body shall post notice of every meeting at least 48 hours prior to the meeting, excluding
38	38	8Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon
39	39	9as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily 2 of 8
40	40	10understandable format and shall contain the date, time and place of the meeting and a listing of
41	41	11topics that the chair reasonably anticipates will be discussed at the meeting.
42	42	12 (c) For meetings of a local public body, notice shall be filed with the municipal clerk and
43	43	13posted in a manner conspicuously visible to the public at all hours in or on the municipal
44	44	14building in which the clerk's office is located and on the municipal website.
45	45	15 For meetings of a regional or district public body, notice shall be filed and posted in each
46	46	16city or town within the region or district in the manner prescribed for local public bodies. For
47	47	17meetings of a regional school district, the secretary of the regional school district committee shall
48	48	18be considered to be its clerk and shall file notice with the clerk of each city or town within the
49	49	19district and shall post the notice in the manner prescribed for local public bodies. For meetings of
50	50	20a county public body, notice shall be filed in the office of the county commissioners and a copy
51	51	21of the notice shall be publicly posted in a manner conspicuously visible to the public at all hours
52	52	22in the places as the county commissioners shall designate for the purpose.
53	53	23 For meetings of a state public body, notice shall be filed with the attorney general by
54	54	24posting on a website under the procedures established for this purpose and a duplicate copy of
55	55	25the notice shall be filed with the regulations division in the state secretary's office.
56	56	26 The attorney general may prescribe or approve alternative methods of notice where the
57	57	27attorney general determines the alternative methods will afford more effective notice to the
58	58	28public.
59	59	29 (d) Public bodies may allow remote meeting participation provided that all persons
60	60	30present at the meeting are clearly audible to each other. Remote members may vote and shall not
61	61	31be deemed absent for the purposes of section 23D of chapter 39. The public body shall ensure 3 of 8
62	62	32public access to the deliberations of the public body for interested members of the public through
63	63	33adequate, alternative means of public access. Where active, real-time participation by members
64	64	34of the public is a specific requirement of a general or special law, regulation or a local ordinance
65	65	35or by-law, pursuant to which the proceeding is conducted, any adequate, alternative means of
66	66	36public access pursuant to regulations established under section j shall provide for such
67	67	37participation and shall be sufficient to meet such participation requirement. A municipal public
68	68	38body that for reasons of economic hardship and despite best efforts is unable to provide
69	69	39adequate, alternative means of public access that will enable the public to follow the proceedings
70	70	40of the municipal public body as those activities are occurring in real-time may instead post on its
71	71	41municipal website a full and complete transcript, recording or other comprehensive records of
72	72	42the proceedings as soon as practicable upon conclusion of the proceedings. This paragraph shall
73	73	43not apply to proceedings that are conducted pursuant to a general or special law, regulation or a
74	74	44local ordinance or bylaw that requires allowance for active participation by members of the
75	75	45public. A public body shall offer its selected adequate, alternative means of public access to its
76	76	46proceedings without subscription, toll or similar charge to the public.
77	77	47 (e) Public bodies may allow hybrid meeting participation provided that all persons
78	78	48present at the meeting are clearly audible to each other.
79	79	49 (f) A public body may allow remote participation by all members in any meeting of the
80	80	50public body and a quorum of the body and the chair shall not be required to be physically present
81	81	51at a specified meeting location.
82	82	52 (g) A public body that elects to conduct its proceedings under this section shall ensure
83	83	53that any party entitled or required to appear before it shall be able to appear through remote 4 of 8
84	84	54means, as if the party were a member of the public body and participating remotely as provided
85	85	55in subsection
86	86	56 (h) No person shall address a meeting of a public body without permission of the chair,
87	87	57and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings
88	88	58of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt
89	89	59the proceedings, the chair may order the person to withdraw from the meeting and if the person
90	90	60does not withdraw, the chair may authorize a constable or other officer to remove the person
91	91	61from the meeting.
92	92	62 (i) Within 2 weeks of qualification for office, all persons serving on a public body shall
93	93	63certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting
94	94	64law, regulations promulgated under section 25 and a copy of the educational materials prepared
95	95	65by the attorney general explaining the open meeting law and its application under section 19.
96	96	66Unless otherwise directed or approved by the attorney general, the appointing authority, city or
97	97	67town clerk or the executive director or other appropriate administrator of a state or regional body,
98	98	68or their designees, shall obtain certification from each person upon entering service and shall
99	99	69retain it subject to the applicable records retention schedule where the body maintains its official
100	100	70records. The certification shall be evidence that the member of a public body has read and
101	101	71understands the requirements of the open meeting law and the consequences of violating it.
102	102	72 (j) The attorney general shall develop and adopt standards and guidelines for remote or
103	103	73hybrid participation of public bodies.
104	104	74 SECTION 2. Said chapter 30A of the General Laws is hereby further amended by
105	105	75inserting after section 20 the following section: 5 of 8
106	106	76 Section 20 ½ . (a) Notwithstanding any general or special law, charter provision,
107	107	77ordinance or by-law to the contrary, the moderator in a town having a representative or open
108	108	78town meeting form of government may request that the select board or board of selectmen of the
109	109	79town call for a representative or open town meeting to be held through remote or hybrid
110	110	80participation, including, but not limited to, by means of a video or telephone conferencing
111	111	81platform. Such a request by the moderator to the select board or board of selectmen shall be in
112	112	82writing and shall include, but shall not be limited to: (i) the moderator’s determination and
113	113	83request to hold a town meeting through remote participation in accordance with this section; (ii)
114	114	84the video or telephone conferencing platform the moderator has determined to use to hold the
115	115	85town meeting; (iii) confirmation that the moderator has consulted with the local disability
116	116	86commission or coordinator for federal Americans with Disabilities Act compliance; and (iv) a
117	117	87certification by the moderator that: (A) the moderator has tested the video or telephone
118	118	88conferencing platform; and (B) the platform satisfactorily enables the town meeting to be
119	119	89conducted in substantially the same manner as if the meeting occurred in person at a physical
120	120	90location and in accordance with the operational and functional requirements set forth in this
121	121	91section.
122	122	92 A video or telephone conference platform used by a town meeting for remote or hybrid
123	123	93participation under this section shall, at minimum, provide for the ability for: (i) the moderator,
124	124	94town meeting members, town officials and any other interested members of the public to identify
125	125	95and hear the moderator and each town meeting member who attends and participates in the
126	126	96remotely-held town meeting, as well as any other individuals who participate in the remotely-
127	127	97held town meeting; (ii) the ability to determine whether a quorum is present; (iii) a town meeting
128	128	98member, town official or other individual to request recognition by the moderator without prior 6 of 8
129	129	99authorization; provided, however, that to the extent technologically feasible, the request is visible
130	130	100or audible to the public in real time and upon review of the recording of the town meeting
131	131	101proceedings, preserved according to subsection (h); (iv) the moderator to determine when a town
132	132	102meeting member wishes to be recognized to speak, make a motion, raise a point of order or
133	133	103object to a request for unanimous consent; (v) the moderator to recognize a town meeting
134	134	104member, town official or other individual to speak and to enable that person to speak; (vi) the
135	135	105ability to conduct a roll call vote; (vii) any interested members of the public to access the
136	136	106meeting remotely for purposes of witnessing the deliberations and actions taken at the town
137	137	107meeting; and (viii) the town meeting to be recorded. Registered voters residing in the town
138	138	108wishing to participate in a remote town meeting conducted pursuant to this section shall submit a
139	139	109request to participate to the town clerk not less than 48 hours in advance of the town meeting.
140	140	110Upon receipt of the request and verification of the requester’s voter registration status, the clerk
141	141	111shall provide to the requester instructions for participating in the remote town meeting.
142	142	112 (b) Not later than 10 business days following receipt of a written request by the
143	143	113moderator for remote or hybrid participation at a town meeting pursuant to subsection (a), the
144	144	114select board or board of selectmen shall vote to determine if the town meeting shall be held
145	145	115remotely by means of the video or telephone conferencing platform requested by the moderator.
146	146	116 (c) If the select board or board of selectmen votes to approve the request of the moderator
147	147	117for remote or hybrid participation at a town meeting the select board shall issue, a notice that
148	148	118expressly states: (i) that the town meeting shall be held remotely by means of the video or
149	149	119telephone conferencing platform requested by the moderator; (ii) the date and time of the
150	150	120meeting; and (iii) any information necessary for the moderator, town meeting members, town 7 of 8
151	151	121officials and interested members of the public to access and witness the deliberations and actions
152	152	122taken at the town meeting remotely.
153	153	123 The notice issued by the select board or board of selectmen shall be: (i) accompanied by
154	154	124the written request of the moderator submitted to the select board or board of selectmen under
155	155	125subsection (a); (ii) filed and posted in accordance with the requirements of subsection (b) of
156	156	126section 10A of chapter 39 of the General Laws; (iii) publicly posted not less than 10 days before
157	157	127the scheduled date of the remote town meeting. The notice may include a date, time and place for
158	158	128the town meeting to be resumed if the town meeting does not vote to continue the town meeting
159	159	129remotely pursuant to subsection (f).
160	160	130 (d) If the select board or board of selectmen votes to approve the request of the moderator
161	161	131for remote or hybrid participation at a town meeting and the select board or board of selectmen
162	162	132has not yet issued a warrant for a town meeting, the select board or board of selectmen shall
163	163	133approve and issue a warrant pursuant to section 10 of said chapter 39 for the town meeting that
164	164	134expressly states: (i) that the town meeting shall be held remotely or hybrid by means of the video
165	165	135or telephone conferencing platform requested by the moderator; (ii) the date and time of the
166	166	136meeting; and (iii) any information necessary for access and witness the deliberations and actions
167	167	137taken at the town meeting remotely.
168	168	138 The warrant issued by the select board or board of selectmen shall be: (i) accompanied by
169	169	139the written request of the moderator submitted to the select board or board of selectmen under
170	170	140subsection (a); and (ii) filed in accordance with said section 10 of said chapter 39, all other
171	171	141applicable laws and any relevant provisions of the town charter or by-laws. The warrant may 8 of 8
172	172	142include a date, time and place for the town meeting to be resumed if the town meeting does not
173	173	143vote to continue the town meeting remotely pursuant to subsection (f).
174	174	144 (e) Not later than 5 business days after a vote of the select board or board of selectmen to
175	175	145approve the request of the moderator to hold a town meeting remotely or hybrid pursuant to
176	176	146subsection (c) or (d), the town clerk shall submit certified copies of the vote of the select board
177	177	147or board of selectmen and the written request of the moderator to the attorney general.
178	178	148 (f) Any roll call vote taken at a representative or open town meeting held through remote
179	179	149or hybrid participation pursuant to this section shall be taken by any means that the moderator
180	180	150determines accurately and securely records the votes of those entitled to vote at the meeting,
181	181	151including, but not limited to, roll call vote, electronic voting, voting by ballot, voting by phone or
182	182	152any combination thereof. The vote of each voting member on a roll call vote shall be recorded
183	183	153and kept with the minutes of the town meeting.
184	184	154 (g) A representative or open town meeting held remotely or hybrid pursuant to this
185	185	155section shall be recorded and the recording shall be preserved and made publicly available on the
186	186	156town’s website for not less than 90 days after the conclusion of the remote or hybrid town
187	187	157meeting.
188	188	158 (h) All actions taken during a remote or hybrid town meeting held pursuant to this
189	189	159section are hereby ratified, validated and confirmed to the same extent as if the town meeting had
190	190	160been conducted in person and such actions are in accordance with all other applicable laws,
191	191	161charter provisions, ordinances and by-laws.
192	192	162 (j) The attorney general shall develop and adopt standards and guidelines for remote or
193	193	163hybrid participation of town meetings.