By Mr. Scaccia of Boston, petition (accompanied by bill, House, No. 3245) of William F. Galvin relative to the supervision of public records by the Secretary of the Commonwealth.  State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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PETITION OF:

William F. Galvin

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In the Year Two Thousand and Seven.

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An Act relative to the supervision of public records.

    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 1 of Chapter 66 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended in line 11, by adding at the end thereof the following four paragraphs:—

(a) The Secretary of the Commonwealth, supervisor of records, or any officer the Secretary so designates, in his discretion:

(1)  may make such inquiry as he deems necessary to determine whether any person has violated any provision of this chapter or any regulation hereunder, or to aid in the enforcement of this chapter or in the prescribing of further regulations hereunder;

(2)  may require or permit any person to file a statement in writing, under oath or otherwise, as the Secretary, supervisor of records, or the officer designated by the Secretary determines, as to all the facts and circumstances concerning the matter to be investigated, and

(3)  may upon a finding that there has been a violation of this chapter, issue an order requiring the violator to comply with statutory requirements of said chapter, or the regulations promulgated by the supervisor of records pursuant to the authority granted in this chapter and take whatever action appropriate to enforce such order including, but not limited to, initiating judicial action in a court of competent jurisdiction on his own motion.

(b)  For the purpose of any investigation or enforcement of any order issued under this chapter, the Secretary, supervisor of records, or any officer designated by the Secretary may issue a subpoena duces tecum to require the production of any records, books, papers, correspondence, memoranda, agreements, or other documents which the Secretary, supervisor of records, or the officer designated by the Secretary deems relevant or material to an inquiry or the enforcement of an order. 

(c)  The Secretary, supervisor of records, or officer designated by the Secretary, may file on his own motion a civil action in a court of competent jurisdiction to enforce such order, as defined in subpart 3 of this section.  Additionally, the Secretary, supervisor of records, or officer designated by the Secretary, may independently seek further remedies as listed in section 15 of this chapter.