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SENATE DOCKET, NO. 52         FILED ON: 1/14/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 38

 

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the disclosure of information held by the disabled persons protection commission pursuant to General Laws chapter 19C..

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PETITION OF:

 

Name:

District/Address:

James B. Eldridge

 


SENATE DOCKET, NO. 52        FILED ON: 1/14/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 38

By Mr. Eldridge, petition (accompanied by bill, Senate, No. 38) of James B. Eldridge for legislation relative to the disclosure of certain information by the disabled persons protection commission [Joint Committee on Children, Families and Persons with Disabilities].

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 142 OF 2009-2010.]


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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An Act relative to the disclosure of information held by the disabled persons protection commission pursuant to General Laws chapter 19C..
 

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

              Chapter 19C of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding after Section 3 the following section:

              3A.  Disclosure of Records

              a)  Except as otherwise provided in this section, all records containing personal data which are created, collected, used, maintained or disseminated pursuant to this chapter shall not be public records, and shall be governed by the provisions of chapter sixty-six A, the notice provisions of section sixty-three of chapter thirty and the enforcement provisions of section three B of chapter two hundred and fourteen.

              b) Any employee of the commission or a designated agency who violates the provisions of chapter sixty-six A, as modified by this section, with respect to records created or maintained under this chapter shall be punished by a fine

              of not more than five hundred dollars, or if harm shall have resulted to any one whose privacy was sought to be protected by the provision violated, by a  fine of not more than one thousand dollars, and if such employee is employed

              by the commonwealth, he shall also be subject to administrative disciplinary action pursuant to regulations adopted by the commission under section three of this chapter.

              c) No provision of chapter sixty-six A, section one hundred and thirty-five of chapter one hundred and twelve or this section relating to confidential data or confidential communications shall prohibit the commission from making reports to a district attorney, the Attorney General, the United States Attorney or a designated agency pursuant to the provisions of this chapter.  No person providing notification or information to a district attorney, the Attorney General, the United States Attorney or a designated agency or testimony in any judicial or non-judicial proceeding pursuant to the provisions of this section shall be liable in any civil or criminal action by reason of such action.

              d) Nothing herein shall be construed to limit the prosecutorial power of a district attorney, the Attorney General or the United States Attorney.             

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