HOUSE DOCKET, NO. 3097        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3117

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relating to the public records law..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 7(26)(s) of chapter 4 of the General Laws is hereby repealed.

SECTION 2.  Section 1F of chapter 164 shall be hereby amended by inserting after clause (9) the following paragraph:-

“(10) Trade secrets or competitively-sensitive or other proprietary information provided in the course of activities conducted by a governmental body as an energy supplier under a license granted by the department of public utilities pursuant to this section, when such governmental body determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy shall not be public subject to disclosure under chapter 66; provided, however, that this clause shall not exempt a public entity from disclosure required of a private entity so licensed.”

Section 134 of chapter 164 shall be hereby amended by inserting clause (c) at the end of the section containing the following language:-

“(c) Trade secrets or competitively-sensitive or other proprietary information provided in the course of activities conducted as a municipal aggregator or by a               cooperative consisting of governmental entities organized pursuant to this section, when such municipal aggregator or cooperative determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy shall not be public subject to disclosure under chapter 66; provided, however, that this clause shall not exempt a public entity from disclosure required of a private entity so licensed.”

SECTION 3. Section 1 of chapter 303 of the General Laws, as so appearing, is hereby amended by striking the following language:-

“; provided, further, that for any such contract determined to contain confidential information under subclause (r) of section 7 of chapter 4, the governmental body shall instead maintain a record of the procurement processes and awards for 6               years after the date of the final payment. The governmental body shall make such records available to the inspector general upon request; provided, however, that               the inspector general shall not disclose said information.”

And replacing the removed language with the following language:-

“; provided, further, that for any such contract determined to contain non-public information under sections 1F and 134 of chapter 164, the governmental body shall instead maintain a record of the procurement processes and awards for 6               years after the               date of the final payment. The governmental body shall make such records available to the inspector general upon request; provided, however, that the inspector general shall not disclose said information.”