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H 3335

An Act relating to public access to historical records

194th Legislature (2025-2026) Introduced by Christine Barber and 8 co-sponsors

Extends public access to records accessioned from state institutions for IDD or mental health conditions: open to inspection 75 years after creation.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 3335

Summary of H.3335: An Act relating to public access to historical records

Purpose and intent

  • The bill aims to increase public access to historical records by extending public inspection rights for a specific subset of records held by the Secretary of the Commonwealth.
  • Specifically, it would make records that were accessioned from state institutions for people with intellectual or developmental disabilities (IDD) or mental health conditions open to public inspection after a fixed time period.

Key provision (core change)

  • The bill adds a sentence to Section 7 of Chapter 66 of the General Laws:
    • “All records in the custody of the state secretary accessioned from state institutions for people with intellectual or developmental disabilities or mental health conditions in the commonwealth shall be open to public inspection and available for copying after the expiration of seventy-five years from creation of the record.”
  • In effect, any such records become publicly accessible 75 years after their creation.

Who is affected

  • Primary custodial owner: the Secretary of the Commonwealth (records in the Secretary’s custody).
  • Records affected: materials accessioned from state institutions for individuals with IDD or mental health conditions.
  • Broader impact: historians, researchers, journalists, genealogists, and members of the public seeking historical information would gain access to these records after the 75-year mark. Privacy concerns are addressed by the long horizon (75 years) before public access is required.

Procedural and timeline details

  • Introduced: February 27, 2025.
  • Original referral: Referred to the committee on State Administration and Regulatory Oversight.
  • Legislative actions (key milestones from the provided record):
    • June 18, 2025: Hearing scheduled for June 24, 2025, from 10:00 AM to 1:00 PM (A-1).
    • October 6, 2025: Reported favorably by committee and referred to the committee on House Ways and Means.
  • Status note: The bill is positioned to move via the Ways and Means committee after favorable committee action.

Potential impact and considerations

  • Public access vs. privacy: The 75-year rule shifts records from private or restricted access to public domain once the elapsed period passes, potentially revealing historical information about individuals who were institutionalized in past decades.
  • Scope limitation: The change applies specifically to records accessioned from state institutions for IDD or mental health conditions; it does not automatically expand access for all state records.
  • Implementation: The change would be a straightforward statutory amendment adding the specified sentence to the existing chapter on public records, with no enumerated exemptions in the text provided.

Related bill

  • Related bill caption: HD 2795 (replaces). This indicates a parallel or superseding measure in the House related to the same subject.

This summary captures the bill’s primary objective, the exact change proposed, who is affected, and where it stands procedurally.

Compiled from official sources — confirm details with the bill’s official record.

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