Senate expected to take up public records bill early in 2016

Legislative leaders say that the public records bill approved by the House late last year is likely to be taken up early in 2016 by the Senate, with any differences between the branches to be worked out by a legislative conference committee.
 
Early discussions in the Senate are ongoing, including meetings with the MMA and the Massachusetts Municipal Lawyers Association, although there is not yet a draft Senate bill or outline.
 
Last November, the House approved an overhaul of the records law that was drafted by the House Ways and Means Committee after months of discussion with stakeholders including the MMA and MMLA. The House bill reflects an uneasy balance between the demands made by newspaper publishers and other advocacy groups and city and town officials seeking reforms that are workable for local government and not overly costly to implement. The advocates have pledged to try to add back many of the harshest and most costly provisions that were not included in the House compromise.
 
The House-approved bill would establish clear timelines for replying to and complying with public records requests, set limits on fees that can be charged by state agencies and cities and towns, and significantly expand the means for enforcing the new law, including allowing courts to require public entities to reimburse plaintiffs’ court costs and attorneys fees if litigation is initiated due to disagreements.
 
The public records act has not seen any major changes since the 1970s, well before the Internet and electronic communications became the norm.
 
The MMA’s position has been to call for balanced changes to prevent the imposition of unfunded mandates on cities and towns, and to ensure that local officials have enough time and flexibility to comply with a new law without diverting resources and time from their other important public services and duties on behalf of local residents and taxpayers.