Senator Jason Lewis Testifies In Support of Government Transparency Bill

Senator Jason Lewis was pleased to deliver testimony before the Massachusetts Legislature’s Joint Committee on State Administration and Regulatory Oversight in support of legislation he filed to strengthen the state’s public records law, which would make state government more transparent and accountable to voters.

“Convenient access to public records is essential to government transparency and accountability – and transparency is vital to a strong and healthy democracy,” Senator Lewis stressed in his testimony.  He added, “Unfortunately, under Massachusetts’ outdated public records law, it is difficult, costly, and sometimes virtually impossible to get access to public records that rightly belong in the public domain.”

The legislation would implement much-needed reforms including: requiring that records be provided in electronic form that is searchable whenever possible; requiring each state agency to name a “Records Access Officer” to streamline public records requests and responses; capping charges to reasonable amounts that reflect actual costs incurred in fulfilling a public records request; and, directing courts to award attorney’s fees when state agencies unlawfully block access to public information, which is already the case in 46 other states and the federal government.

Senator Lewis’ remarks, as prepared for delivery, are below.

State Senator Jason Lewis’ Testimony to the
Joint Committee on State Administration and Regulatory Oversight
As Prepared for Delivery – May 26, 2015

Chairman Kocot, Chairwoman Lovely, and members of the Committee, my name is Senator Jason Lewis, and I’m proud to represent the 5th Middlesex District.  Thank you for this opportunity to testify in favor of S1676, which I have filed, and H2772, filed by Chairman Kocot.  Both bills are titled An Act to Improve Access to Public Records.

I want to start by recognizing and thanking Chairman Kocot for his longstanding leadership on the important issue of updating and reforming our public records law in the Commonwealth.

Convenient access to public records is essential to government transparency and accountability – and transparency is vital to a strong and healthy democracy.  Unfortunately, under Massachusetts’ outdated public records law, it is difficult, costly, and sometimes virtually impossible to get access to public records that rightly belong in the public domain.

The legislation that Chairman Kocot and I have filed seeks to modernize our public records law by implementing four major reforms.

First, it requires that records be provided in electronic form that is searchable whenever possible.

Second, it requires each state agency to name a “Records Access Officer” to streamline public records requests and responses.

Third, it caps charges to reasonable amounts that reflect actual costs incurred in fulfilling a public records request.

Fourth, and perhaps most importantly, the bill directs courts to award attorney’s fees when state agencies unlawfully block access to public information, which is already the case in 46 other states and the federal government.

Taken together, these reforms will substantially strengthen the Commonwealth’s public records law, ensuring that the media, watchdog groups, and regular citizens have convenient and affordable access to all public records that rightly belong in the public domain.

I hope the Committee will act soon to release this legislation with a favorable report.  Thank you.