PETITION -- HOUSE
CHIEF SPONSOR:
Representative SCACCIA of BOSTON
(Note in this space if petition is "By Request")
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 passage of the accompanying bill or resolve.
PETITIONERS: LEGISLATOR/CITIZEN DISTRICT/FULL MAILING ADDRESS
William Francis Galvin Secretary of the Commonwealth
Rep. Angelo M. Scaccia 14th Suffolk
REFILE OF PREVIOUS MATTER: BILL #:H625 OF YEAR: 2003
The Commonwealth of Massachusetts
IN THE YEAR TWO THOUSAND FIVE
AN ACT RELATIVE TO THE SUSPERVISION[sic] 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 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 in his discretion
(1) may make such public or private investigations within or
outside of the commonwealth as he deems necessary to
determine whether any person has violated or is about to
violate any provision of this chapter
or any rule or order hereunder, or to
aid in the enforcement of this chapter or in the
prescribing of rules and forms hereunder,
(2) may require or permit any person to file a statement in
writing, under oath or otherwise as the secretary determines,
as to all the facts and circumstances
concerning the matter to be investigated, and
(3) may publish information concerning any violation
of this chapter or any rule or order hereunder.
(b) For the purpose of any investigation or proceeding under this
chapter, the secretary or any officer designated by him may
administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require the production
of any books, papers, correspondence, memoranda, agreements, or
other documents or records which the secretary deems relevant or
material to the inquiry.
(c) In case of contumacy by, or refusal to obey a subpoena issued to,
any person, the superior court for the county in which the person
is found or is an inhabitant or transacts business, upon
application by the secretary, may issue to the person an order
requiring him to appear before the secretary, or the officer
designated by him, there to produce documentary evidence if so
ordered or to give evidence touching the
matter under investigation or in question.
Failure to obey the order of the court may be
punished by the court as a contempt of court.
(d) No person is excused from attending and testifying or from
producing any document or record before the secretary, or in
obedience to the subpoena of the secretary or any officer
designated by him, or in any proceeding instituted by the
secretary, on the ground that the testimony or evidence,
documentary or otherwise, required of him may tend to
incriminate him or subject him to a penalty of forfeiture; but no
individual may be prosecuted or subjected to any penalty or
forfeiture for or on account of any transaction, matter, or thing
concerning which he is compelled, after claiming his privilege
against self-incrimination, to testify or produce evidence,
documentary or otherwise, except that the individual testifying is
not exempt from prosecution and punishment for
perjury or contempt committed in testifying.
HOUSE DOCKET, NO. 1661 FILED: 12/1/2004 2:29:55 PM
PAGE 1
Use "TABLE > INSERT > ROWS BELOW" to add more lines for petitioners' signatures.
Signature Sheet for file " FILENAME \p J:\House Legislation\Scaccia\HD1661.doc".
FILENAME \p \\leg-fp-001\houseusers\mmclaughlin\WINWORD\SCACCIA\2005
LEGISLATION\Sec. Galvin's Bills\H625 - Supervision of Public Records.doc
Page PAGE 2
EMBED Word.Picture.8
EMBED Word.Picture.8
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
|
