Amendment ID: S3200-18-R3

3rd Redraft Amendment 18

Public Records application to the general court

Mr. Tarr moves that the proposed new text be amended by striking section 3 in its entirety and inserting in place thereof the following:-

"SECTION 3. Section 7 of chapter 4 of the General Laws is hereby amended by striking out, in line 275, as appearing in the 2024 Official Edition, the word “sixty-six” and inserting in place thereof the following words:-

66; provided, however, that public records of the general court shall be subject to disclosure under this chapter and chapter 66; provided further, that the general court may withhold a record, in whole or in part, if disclosure would be inconsistent with Article XXI of the Declaration of Rights of the Constitution of the Commonwealth, or if the record falls within any exemption established in clause twenty-sixth of section 7 of chapter 4.

moves to further amend by inserting after section _ the following new section:-

SECTION _.Said Clause Twenty-sixth of Section 7 of Chapter 4 is hereby further amended by adding the following two subparagraphs:

(x) communications between a member of the general court, or such member's employee or agent, and a constituent, provided that the communications reasonably relate to a constituent's request for assistance in obtaining government-provided benefits or services or interacting with a state or federal agency;

(y) communications, memoranda, drafts, or other documents relating to developing policy positions of members of the general court, the governor

moves to further amend by striking lines 49-101 in SECTION 7

moves to further amend by striking lines 236-240 in their entirety

moves to further amend by inserting after section ____ the following section:-

SECTION____. The public records officers required in sections 4, and 5 of this act shall, on an ongoing basis, seek to identify opportunities to make the public records defined herein available,  on one or more electronic, public-facing platforms, and ensure, to the maximum feasible extent, that such records are posted and maintained on such platforms, provided, that the availability of such records, and the means of accessing them, shall be posted conspicuously on the web site of the legislature and updated as necessary, and provided further, that said officers such file a report with the clerks of the House and Senate annually, not later than December 31, with the clerks of the House and Senate, detailing their activities pursuant to this section and identifying obstacles to increasing electronic access to public records, which report shall also include any legislative or other recommendations."