DEPARTMENT OF THE STATE SECRETARY

M.G.L. pt. Part I, tit. Title II, ch. c. 9

in effect

M.G.L. c. 9, § 1 State secretary; duties; bond; salary; other sources of income

c. 9, § 1. State secretary; duties; bond; salary; other sources of income Section 1. (a) There shall be a department of the state secretary under the supervision and control of the state secretary, which shall be organized as provided in this chapter. The state secretary shall make a quarterly return on oath to the governor of all fees of office received by the state secretary and give to the state treasurer a bond, in a penal sum and with sureties approved by the governor, conditioned satisfactorily to account for all money received by the state secretary in the state secretary's official capacity. The state secretary shall receive a salary of $165,000, and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in the commonwealth for the most recent 8 quarters as determined by the Bureau of Economic Analysis in the United States Department of Commerce. (b) The state secretary shall not receive earned income from any other source but may receive unearned or passive income.

M.G.L. c. 9, § 2 Deputies; assistants; civil service

c. 9, § 2. Deputies; assistants; civil service Section 2. He may appoint a first deputy, a second deputy, and a third deputy and a fourth deputy each of whom shall perform the duties of a division head, a director of the corporation division who shall be an attorney at law, a cashier for whose conduct he shall be responsible and from whom he may require a bond, and a chief of the archives division who shall be a qualified archivist and shall be known as the archivist of the commonwealth. The secretary shall operate and supervise the archives museum and he shall utilize those records of historic value which are in the custody of the archivist for exhibition and education purposes. The archivist of the commonwealth shall, under the direction of the secretary, have charge of the non-current records of the commonwealth, particularly with regard to their custody, preservation, management and, when authorized, their destruction, and shall supervise the operation of the archives museum. The secretary shall provide for guided tours of the state house and for such purpose may employ such personnel as he may deem necessary. He may, under the direction of the secretary, prepare material for publication. The secretary may also appoint clerks, messengers and other assistants necessary for the prompt despatch of public business. He may also employ such clerical assistance as he may deem necessary to carry out the laws relative to primaries and elections. The secretary shall establish the salaries, duties and personnel regulations of all officers and employees within the department of the state secretary; provided, however, that the salaries of said officers and employees shall not exceed the sum annually appropriated therefor by the general court. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one and chapter one hundred and fifty E shall not apply to officers and employees within the department of the state secretary.

M.G.L. c. 9, § 2A Archives advisory commission; establishment; members and alternates, appointment; powers and duties; receipt and disposition of funds; expenses

c. 9, § 2A. Archives advisory commission; establishment; members and alternates, appointment; powers and duties; receipt and disposition of funds; expenses Section 2A. There shall be in the department of the state secretary an archives advisory commission, hereinafter called the commission. Said commission shall consist of seven members, broadly representative of the public, and of public and private institutions concerned with the custody and use of archival and manuscript materials, two of whom shall be appointed by the governor, and five of whom shall be appointed by the state secretary. For each member, the governor and state secretary shall appoint an alternate. The state secretary shall be chairman of the commission. The commission shall advise the state secretary on archival matters, and shall review and approve, disapprove or modify a comprehensive statewide documentary preservation plan that shall be prepared by the archivist of the commonwealth, and shall assist in its administration. The commission may, acting under the chairmanship of the state secretary, or, in the secretary's absence, the archivist, acting for him and under his direction, receive grants, gifts and contributions and bequests from individuals, foundations and from federal, state or other governmental bodies for furthering and putting into effect the comprehensive statewide documentary preservation plan. The state treasurer shall be the custodian of funds so received, and such funds shall be expended by the state secretary, or the archivist acting for him, without special appropriation, subject, however, to the prior approval of the house and senate committees on ways and means, on state, local and private projects approved by the commission, which carry out the comprehensive statewide documentary preservation plan. The members of the commission shall serve without compensation but shall receive from the commonwealth the necessary travel and other expenses actually incurred in the performance of their duties.

M.G.L. c. 9, § 2B Annual personnel report

c. 9, § 2B. Annual personnel report Section 2B. The secretary shall file an annual report not later than the first Wednesday in February with the senate and house committees on ways and means containing the job classification, duties and salary of each officer and employee within the department and all personnel regulations established pursuant to section two. The secretary shall file amendments to such report with the senate and house committees on ways and means whenever any changes become effective.

M.G.L. c. 9, § 2C Funding for archives museum

c. 9, § 2C. Funding for archives museum Section 2C. The state secretary may receive and expend grants, gifts, contributions, bequests, and in-kind contributions from individuals, corporations or other business entities, foundations and from state or other governmental bodies for the purpose of furthering, expanding and promoting the archives museum. The state secretary may also sell, transfer, or license merchandise including images, copies and facsimilies of historic records and other items. All monies received from such activities may be retained and expended by the state secretary for said purposes. The state secretary is also authorized to form a non-profit corporation for the sole purpose of raising funds that will further, expand and promote the archives museum. Upon its formation, said corporation shall be governed by chapter 180. The board of directors shall consist of 5 members, 3 of whom shall be appointed by the state secretary. The remaining 2 members shall be elected by the appointed board members. Said directors shall not be compensated for the performance of their duties. The directors and officers shall not as a result of their positions with the corporation be considered state employees or special state employees for the purposes of sections 4, 6, 7 and 23 of chapter 268A.

M.G.L. c. 9, § 3 Deputies; power to act in absence of secretary

c. 9, § 3. Deputies; power to act in absence of secretary Section 3. If the secretary is disabled from performing his official duties, his deputies shall perform the same during such disability. In the event of a vacancy in the office of secretary, the first deputy shall be continued in office, and shall perform all statutory duties of the secretary until a secretary is duly qualified.

M.G.L. c. 9, § 4 Supervisor of public records

c. 9, § 4. Supervisor of public records Section 4. The secretary shall appoint, and may remove, a competent person to be known as supervisor of public records. Said supervisor, under the supervision of the secretary, shall perform the duties required of the supervisor by law, and such other duties as the secretary determines.

M.G.L. c. 9, § 4A Acts, resolves and constitutional amendments; publication

c. 9, § 4A. Acts, resolves and constitutional amendments; publication Section 4A. The state secretary shall, at the close of each regular session of the general court, collate and cause to be printed in a single volume the following: (1) All acts and resolves passed at such session. (2) All amendments to the constitution referred at such session to the next general court and all such amendments acted upon at such session and to be submitted to the people at the next state election. (3) All acts and resolves passed at any special session of the general court, except a general revision of the statutes, and not theretofore published in any preceding annual volume. (4) In the volume of the year immediately following a state election, all constitutional amendments and proposed laws approved by the people at said election. (5) A statement in bold type at the conclusion of each law as printed, or in a postscript at the end of the volume with a suitable reference to each law, as to which a petition asking for a referendum has been filed prior to the publication of the volume, with a sufficient number of signatures to procure its submission to the people, together with a recital of the pertinent provisions of Article XLVIII of the Amendments to the Constitution. (6) In the volume of the year immediately following a state election, a statement showing what constitutional amendments, proposed laws and laws were submitted to the people at said election, with the aggregate vote on each such measure, both affirmative and negative, arranged in such detail as the state secretary may determine. (7) A table of changes in the general statutes and an index, to be prepared as provided in section 51 of chapter 3; provided, however, the state secretary may, in the secretary's discretion, cause the table of changes to be printed in a separate volume and not in the single volume. The state secretary shall cause up to 10,000 copies of said volume to be printed each year and shall, immediately after their publication, distribute such copies as the secretary determines.

M.G.L. c. 9, § 4B Pamphlet edition of laws; distribution of copies of individual laws

c. 9, § 4B. Pamphlet edition of laws; distribution of copies of individual laws Section 4B. The state secretary shall, at the close of each regular session of the general court, publish in pamphlet form up to 20,000 copies, of the acts and resolves passed and of any proposed amendments to the constitution passed during such session. The secretary may also apportion the copies among the clerks of the several cities and towns, to be delivered by the clerks to inhabitants who apply for a copy. The secretary shall also, as soon as any act or resolve is passed, send a copy of the act or resolve to the following: each state department, officer, board or commission whose duties are affected by the act or resolve, the clerks of the several cities and towns, for the use of the inhabitants of those cities and towns, the justices, clerks and registers of courts, district attorneys, sheriffs, justices of the peace authorized to issue warrants and take bail, county law libraries and all incorporated law libraries and branch libraries maintained by them; provided, however, upon written request approved by the secretary, additional copies may be distributed to the above list and to any other public officials whose duties in the secretary's opinion require the use of such copies. The secretary may also send copies to such persons as apply for an act or resolve, charging not less than the cost of producing and distributing the copy.

M.G.L. c. 9, § 4C Cumulative table of changes in general statutes

c. 9, § 4C. Cumulative table of changes in general statutes Section 4C. The state secretary shall print from time to time during the session of the general court a cumulative table of changes in the general statutes, up to the date of publication, to be prepared by the counsel to the senate and the counsel to the house of representatives.

M.G.L. c. 9, § 4D Distribution of printed copies of official reports

c. 9, § 4D. Distribution of printed copies of official reports Section 4D. The state secretary shall furnish to each city and town of the commonwealth, to be preserved in a public place in the city or town, 1 copy of each of such report included in the public document series as the city or town clerk may apply for. The state secretary shall furnish 1 copy of each report to such public and other libraries as may apply for the reports. If the supervisor of public records shall report to the state secretary that a city or town is unable to properly care for and use the documents, the state secretary may discontinue sending the reports to that city or town. Each member of the general court and of the executive department, the clerk of each branch of the general court and each reporter assigned to either branch may, upon a written, signed request delivered to the state secretary, receive a copy of any such document. Ten copies shall be placed in the state library for the use of the library and for exchange.

M.G.L. c. 9, § 4E Reports of war veterans' organizations

c. 9, § 4E. Reports of war veterans' organizations Section 4E. The state secretary shall annually procure copies of the proceedings of the annual encampments of the departments of Massachusetts, Grand Army of the Republic, United Spanish War Veterans, The American Legion, Disabled American Veterans of the World War, Marine Corps League, American Veterans of World War II, AMVETS, Italian American War Veterans of the United States, Incorporated, Jewish War Veterans of the United States, Veterans of Foreign Wars of the United States, Polish–American Veterans of Massachusetts, Inc., and Veterans of World War I of the U.S.A., held in that year, with the general and special orders, circulars and other papers forming parts thereof, and shall cause the same to be kept as parts of the records of the commonwealth. The state secretary shall annually cause copies thereof, including in the case of those relating to the Grand Army of the Republic the portraits of the department officers and staff and of the executive committee of the national encampment, to be printed and bound; and shall cause 1 printed and bound copy of each to be sent to each city or town library in the commonwealth. The state secretary shall also send 1 copy of each volume relating to the Grand Army of the Republic to each Grand Army post, 1 copy of the volume relating to the United Spanish War Veterans to each camp of Spanish War Veterans, 1 copy of the volume relating to The American Legion to each post of The American Legion, 1 copy of the volume relating to the Disabled American Veterans of the World War to each chapter of the Disabled American Veterans of the World War, 1 copy of the volume relating to the Marine Corps League to each detachment of the Marine Corps League, 1 copy of the volume relating to the American Veterans of World War II, AMVETS to each post of the American Veterans of World War II, AMVETS, 1 copy of the volume relating to the Italian American War Veterans of the United States, Incorporated to each post of the Italian American War Veterans of the United States, Incorporated, 1 copy of the volume relating to the Jewish War Veterans of the United States to each post of the Jewish War Veterans of the United States, 1 copy of the volume relating to the Veterans of Foreign Wars to each post of the Veterans of Foreign Wars of the United States, 1 copy of the volume relating to the Polish–American Veterans of Massachusetts, Inc. to each post of the Polish–American Veterans of Massachusetts, Inc. and 1 copy of the volume relating to the Veterans of World War I of the U.S.A. to each barracks of the Veterans of World War I of the U.S.A., in the commonwealth. The state secretary shall cause the other copies of each to be distributed in the same manner as the annual report of the state secretary.

M.G.L. c. 9, § 4F Distribution of judicial decisions and General Laws to cities and towns

c. 9, § 4F. Distribution of judicial decisions and General Laws to cities and towns Section 4F. The state secretary shall furnish to every city and town the reports of the decisions of the supreme judicial court from time to time, as published, and shall furnish to every town hereafter incorporated a full set of said decisions, the index-digest of those decisions, a copy of the General Laws, and copies of all such books and documents in the secretary's office as shall have been previously furnished to towns by the commonwealth; but the clerk of such town shall first file with the secretary a certificate that the town has made suitable provision for the preservation and convenient use of such books and documents.

M.G.L. c. 9, § 4G Subsequent distribution to city or town; insurance

c. 9, § 4G. Subsequent distribution to city or town; insurance Section 4G. A city or town which has once been furnished with such books and documents shall not again be supplied with the same at the expense of the commonwealth. Towns may effect insurance on the books and documents for their own benefit.

M.G.L. c. 9, § 4H Distribution of laws and documents to members of general court

c. 9, § 4H. Distribution of laws and documents to members of general court Section 4H. The state secretary shall, in the distribution of laws and documents to members of the general court, effect such exchanges among members as they shall direct; and the secretary may employ such additional clerical or other assistance as may be necessary for the purpose. Copies of the laws and documents apportioned to members of the general court which remain undisposed of for 3 months after the end of the year in which they were issued shall revert to the commonwealth and be subject to general distribution.

M.G.L. c. 9, § 5 Traveling, clerical and other expenses of supervisor

c. 9, § 5. Traveling, clerical and other expenses of supervisor Section 5. The secretary may expend not more than three thousand dollars annually for such traveling, clerical and other necessary expenses in connection with the duties required of the supervisor of public records under chapter 66.

M.G.L. c. 9, § 8 Information available to federal census authorities

c. 9, § 8. Information available to federal census authorities Section 8. The secretary shall make available for inspection and copying by the federal authorities charged with the taking of the United States census such information in his possession as said authorities may desire.

M.G.L. c. 9, § 9A Local election districts review commission; membership; compensation; duties

c. 9, § 9A. Local election districts review commission; membership; compensation; duties Section 9A. There shall be in the department of the state secretary, but not under his supervision or control, a local election districts review commission consisting of the attorney general or his designee, the state secretary or his designee, and a person appointed by the governor. Members designated by the attorney general, the state secretary, and by the governor shall serve during the pleasure of their respective designating officers. Each member of the commission shall receive the sum of twenty-five dollars for each day or part thereof for his service as a commissioner, provided that such payments to any one member shall not exceed two thousand five hundred dollars in any one year, and that such payments shall not be made to any commission member who holds another full-time paid office or position in the service of the commonwealth. Members of the commission shall receive from the commonwealth their necessary expenses incurred in the discharge of their statutory duties. Said commission shall be furnished with any books or records which it may require from any department or agency of the commonwealth or of any of its political subdivisions. Said commission shall oversee and supervise the division of the cities and towns into wards and precincts as required by chapter fifty-four. Said commission may travel within the commonwealth. The commission shall be provided with suitable offices in the state house, or elsewhere within the city of Boston. The commission may, subject to appropriation, incur such expenses as may be necessary to the execution of duties invested in it by said chapter fifty-four, or by any statute of the commonwealth not incorporated into the General Laws.

M.G.L. c. 9, § 10A Administration and enforcement of chapter 110A; staff

c. 9, § 10A. Administration and enforcement of chapter 110A; staff Section 10A. For the administration and enforcement of chapter one hundred and ten A the state secretary may employ such assistants and other employees as are required.

M.G.L. c. 9, § 11 Great seal; custody; certified copies of records as evidence

c. 9, § 11. Great seal; custody; certified copies of records as evidence Section 11. The state secretary shall have the custody of the great seal of the commonwealth; and copies of records and papers in his department, certified by him and authenticated by said seal, shall be evidence like the originals.

M.G.L. c. 9, § 12 Books and records of Maine lands; custody

c. 9, § 12. Books and records of Maine lands; custody Section 12. He shall have the custody of the books of records of grants and conveyances of land formerly held by the commonwealth situated in the state of Maine, and of all other books and records relative thereto.

M.G.L. c. 9, § 13 Stereotype and other plates; custody and disposition

c. 9, § 13. Stereotype and other plates; custody and disposition Section 13. He shall, except as otherwise provided by section four of chapter sixty-four, have the custody of all stereotype, electrotype, steel and copper plates and woodcuts, owned by the commonwealth, and may dispose of them as in his judgment the best interests of the commonwealth require.

M.G.L. c. 9, § 15 Justices and notaries; notice of expiration of commissions

c. 9, § 15. Justices and notaries; notice of expiration of commissions Section 15. The secretary shall send by first class mail to every justice of the peace or notary public a notice of the time of expiration of his commission, not more than thirty nor less than fourteen days before such expiration.

M.G.L. c. 9, § 15A Justices and notaries; acting after expiration of commission; validation certificate

c. 9, § 15A. Justices and notaries; acting after expiration of commission; validation certificate Section 15A. If a notary public, whose name has been changed by marriage or decree of court and who has failed to re-register as required by law, or a notary public or justice of the peace whose commission has expired, continues to act as such after such change of name or expiration the state secretary, upon the application of such person and the payment of a fee of five dollars, may issue a certificate validating all such acts done after such change of name or expiration.

M.G.L. c. 9, § 16 Annual list of designated justices of the peace

c. 9, § 16. Annual list of designated justices of the peace Section 16. He shall annually in January send to the town clerks and registrars a list of all justices of the peace designated under section thirty-nine of chapter two hundred and seven, with the dates of expiration of their commissions and notice of any revocation of a designation.

M.G.L. c. 9, § 17 Annual report

c. 9, § 17. Annual report Section 17. The state secretary shall, in addition to the special reports required by law, make an annual report describing the work of his department for the preceding fiscal year.

M.G.L. c. 9, § 19 Destruction or sale of documents of no value; reproduction of records of corporations.

c. 9, § 19. Destruction or sale of documents of no value; reproduction of records of corporations. Section 19. The state secretary may destroy or sell such documents, records and papers as in his judgment are of no value; and if sold, the proceeds thereof shall be paid to the commonwealth. Notwithstanding the foregoing or any provision of section forty-two of chapter thirty, if the secretary has caused any record relative to corporations, voluntary associations, limited partnerships or trusts which he is required to keep, to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic or other process which accurately reproduces or forms a durable medium for so reproducing the original, he may, at any time after two years from the date when the original was deposited with him, destroy such original. Such record, copy or reproduction shall be attested by the secretary, when required, as a true copy of the original.

M.G.L. c. 9, § 20A Central register of contracting opportunities offered by governmental agencies

c. 9, § 20A. Central register of contracting opportunities offered by governmental agencies Section 20A. The department of the state secretary shall publish a central register listing all notices of contracting opportunities estimated to be in excess of a sum to be determined by the secretary offered by any public agency or authority of the commonwealth or any political subdivision thereof. Notices published in the central register shall include, but not be limited to: (a) invitations relating to the procurement of supplies; design, construction and other services; and rentals of equipment incident to the design or construction, reconstruction, renovation, repair, demolition or furnishing of any capital facility; (b) notices of subcontracting opportunities incident to such design or construction, reconstruction, renovation, repair, demolition or furnishing; (c) notices of proposed sales, rentals or acquisitions of real property. Each notice shall provide information concerning the subject matter of the proposed transaction, any special qualifications or requirements pertaining thereto, instructions for submitting proposals, and such other information as the secretary shall require. The register shall also provide notice of the individual or firm selected for negotiation or award of any contract or as party to any other transaction, including leases, sales, and other agreements, advertised in a prior edition of the register; the amount of the contract, purchase, sale, lease or other agreement; the names of subcontractors and suppliers, if available; and information concerning currently debarred contractors as provided in section forty-four C of chapter one hundred and forty-nine. In cases of emergency procurements necessary to preserve the health and safety of persons or property, publication in the central register shall not be required. Every public agency or public authority of the commonwealth and every political subdivision thereof shall report to the secretary on a timely basis, in such form as the secretary shall prescribe by regulation, all contracting opportunities and proposed transactions publication of which in the central register is required by this section, regulations promulgated hereunder, or any other general or special law. The secretary shall promulgate rules, regulations, and guidelines concerning the format and content of the register and the technical details of its publication. Said rules and regulations shall provide that the register shall be published at least once a month, or more often if the secretary determines that a more frequent publication and distribution is warranted. The secretary shall furnish one copy of said register to each city and town in the commonwealth, to be available in an easily accessible public place therein, and may distribute such additional copies as he deems appropriate and necessary; provided, however, that said register also shall be made available by subscription at a rate sufficient to cover the total costs of publication and mailing.

M.G.L. c. 9, § 20B Government activities; citizen education programs; acceptance of gifts, contributions, bequests, etc.

c. 9, § 20B. Government activities; citizen education programs; acceptance of gifts, contributions, bequests, etc. Section 20B. In order to assist in the education of citizens relating to government activities including but not limited to voter registration the department may accept gifts, contributions and bequests and in-kind contributions from individuals, corporations, foundations and from federal or state government bodies for purposes of furthering the department's programs.

M.G.L. c. 9, § 21 Commission on interstate cooperation; membership; term

c. 9, § 21. Commission on interstate cooperation; membership; term Section 21. There shall be in the department of the state secretary, but in no way subject to his control, a commission on interstate co-operation, in this and the four following sections called the commission. The commission shall consist of nine members of the general court, of whom three shall be members of the senate designated by the president thereof and six shall be members of the house of representatives designated by the speaker thereof, one of the commissioners on uniform state laws designated by said commissioners, the director of the division of planning of the department of commerce, and four persons, who may be state officials, appointed by the governor. Members appointed by the governor shall serve at his pleasure. Each member of the senate or house of representatives designated as a member of the commission shall hold office for the term of four years, unless, prior to the expiration of such term, he shall cease to be a member of said senate or house of representatives; and, in any such event, the resulting vacancy shall be filled by designation, for the remainder of the unexpired term, made in the same manner as an original designation. The chairman and the vice-chairman of the commission shall be elected by the commission. The members of the commission shall serve without compensation but shall be paid their necessary expenses incurred in the performance of their duties. The written approval by the chairman or vice-chairman and four other members of the commission of bills or vouchers for necessary expenses incurred by the commission shall be sufficient to authorize the comptroller to certify such bills or vouchers. The commission may employ a secretary and such other assistants, including technical experts, as may be required in the performance of its duties.

M.G.L. c. 9, § 22 Commission on interstate cooperation; committees and advisory boards; rules

c. 9, § 22. Commission on interstate cooperation; committees and advisory boards; rules Section 22. The commission may establish such committees and advisory boards as appear desirable, to conduct conferences and formulate proposals concerning subjects of intergovernmental co-operation. Subject to the approval of the commission, the members of every such committee and advisory board shall be appointed by the chairman of the commission. Whenever requested by the commission, the head of any state department, board or commission shall nominate a qualified official of such department to serve as a member of a committee or board, or to give such advice and assistance as the commission may desire. Other persons may also be so appointed as members of such committees or boards, but at least one member of the commission shall be appointed as a member of every such committee and board. The commission may make such rules as it considers appropriate to govern the membership and proceedings of any committee or board established as aforesaid.

M.G.L. c. 9, § 23 Commission on interstate cooperation; primary function; powers and duties

c. 9, § 23. Commission on interstate cooperation; primary function; powers and duties Section 23. It shall be a primary function of the commission to further the participation of the commonwealth as a member of the council of state governments, both regionally and nationally, to confer with officials of other states and of the federal government, to formulate proposals for co-operation between this commonwealth and other states, and with the federal government, and to organize and maintain facilities for accomplishing these purposes. The commission may delegate not more than three of its members to attend any interstate conference that may be necessary or advisable in the conduct of its negotiations. The commission shall give particular attention to the establishment of fair and reasonable standards for labor and industry, including minimum wages, maximum hours of labor, conditions of employment of minors and other conditions and standards of employment, and shall also consider such questions as taxation and crime prevention, and such other subjects as may from time to time be referred to it by the governor or the general court.

M.G.L. c. 9, § 24 Commission on interstate cooperation; reporting

c. 9, § 24. Commission on interstate cooperation; reporting Section 24. The commission shall report to the general court with its recommendations for legislation, if any, annually during the month of December, and at other times when the status of its negotiations may make such report desirable.

M.G.L. c. 9, § 26 Massachusetts historical commission; establishment

c. 9, § 26. Massachusetts historical commission; establishment Section 26. There shall be in the department of the secretary of state a Massachusetts historical commission, hereinafter and in sections twenty-six A to twenty-seven D, inclusive, called the commission. Said commission shall consist of the state secretary, or an officer or employee from his department designated by him, who shall be the chairman; commissioner of conservation and recreation; the secretary of economic development; two persons to be appointed by the governor; and 11 persons to be appointed by the state secretary of whom one shall be selected from a list of three nominees submitted by the Massachusetts Historical Society, one from a list of three nominees submitted by the Society for the Preservation of New England Antiquities, one from a list of three nominees submitted by The American Antiquarian Society, one from a list of three nominees submitted by The Trustees of Reservations, one from a list of three nominees submitted by the New England Historic Genealogical Society, and one from a list of three nominees submitted by The Massachusetts Archeological Society, Incorporated, one from a list of three nominees submitted by the Boston Society of Architects chapter of the American Institute of Architects, one from a list of three nominees submitted by the New England Chapter of the Society of Architectural Historians, one from a list of three nominees submitted by Old Sturbridge Village, one from a list of three nominees submitted by The Museum of Afro-American History and one from a list of three nominees submitted by the Home Builders Association of Massachusetts; and the secretary of housing and livable communities. Upon the expiration of the term of an appointive member his successor shall be appointed in like manner for a term of three years. The chairman shall appoint a state archeologist who shall be responsible for the preservation and protection of the archeological resources of the commonwealth as the commission may direct, and in accordance with the provisions of sections twenty-six A to twenty-seven C, inclusive, and who shall not be subject to chapter thirty-one or section nine A of chapter thirty. The commission, the state archeologist and the board of underwater archeological resources established pursuant to section one hundred and seventy-nine of chapter six shall advise the state secretary on matters relating to the historical and archeological assets of the commonwealth and assist him in compiling and maintaining an inventory of such assets. The commission shall encourage all governmental bodies and persons considering action which may affect a historical or archeological asset of the commonwealth to consult with the commission to avoid any adverse effect to such asset. The state secretary may on behalf of the commonwealth for the purposes of this section and section twenty-seven accept gifts of real and personal property, including papers, documents and moneys, and he may provide technical and other assistance, and publish, furnish and disseminate information of an historic nature. All moneys received hereunder shall be transmitted forthwith to the state treasurer, who shall administer the same as a trust fund in the manner provided by section sixteen of chapter ten. The members of the commission shall serve without compensation but shall be reimbursed for actual expenses incurred by them in the performance of their duties as such members.

M.G.L. c. 9, § 26A State archeologist; duties; reservation of lands from sale; cooperation of governmental agencies

c. 9, § 26A. State archeologist; duties; reservation of lands from sale; cooperation of governmental agencies Section 26A. It shall be the duty of the state archeologist to: (1) Compile and maintain an inventory of historical and archeological sites and specimens, which inventory shall not be a public record. (2) Conduct surveys and field investigations relative to the recovery and preservation of scientific, historical or archeological information regarding specimens or sites, and analyze and publish said information. In the event that the site being investigated is an American Indian burial site, the survey and investigation shall be conducted in conjunction with the commission on Indian affairs. (3) Recommend such sites within the commonwealth or its political subdivisions as the state archeologist deems necessary for the protection of historical or archeological resources to be considered for state archeological landmarks or for the execution of preservation or conservation restrictions. (4) Issue permits for exploration or field investigations of archeological or historical sites pursuant to section twenty-seven C, notifying any applicant for such permit whether the permit has been granted or denied within sixty days from receipt of his application. (5) Notify the commission on Indian affairs, established pursuant to the provisions of section thirty-eight of chapter seven, the discovery of and existence of an information pertaining to all American Indian burial sites in the commonwealth. Records of such sites shall not be made available to the public. (6) Conduct, within a reasonable time, site evaluations, including limited subsurface testing, in accordance with generally accepted scientific and archaeological standards, of unmarked, human burial and skeletal remains suspected of being one hundred years old or more upon receiving notification pursuant to section six B of chapter thirty-eight, to determine the nature and extent of the site, and the cultural or biological character of the site and remains. (7) Arrange for the disposition of non-native, human remains, suspected of being one hundred years old or more after conducting a site evaluation pursuant to paragraph six of section twenty-six A. The state archeologist shall consult with the site's owner and other interested persons to determine whether prudent and feasible alternatives exist to avoid, minimize or mitigate harm to the burial site. The final plan or agreement which shall be in writing, may include provisions for preservation in situ; the conducting of additional scientific and archeological research and investigation; and, with the consent of the site's owner, the execution of a preservation restriction pursuant to section thirty-two of chapter one hundred and eighty-four. If no prudent and feasible alternative is agreed to, the state archeologist or his or her designee may excavate the site and recover the remains in accordance with generally accepted scientific and archeological standards. The state archeologist shall determine whether a skeletal analysis of the remains shall be conducted. If he determines that such analysis shall be made after the completion of the said analysis, the state archeologist shall determine whether the remains shall be deposited in a curatorial facility or reinterred in accordance with the provisions of section forty-three M of chapter one hundred and fourteen. It shall be the responsibility of the person, whose proposed action necessitates the removal of skeletal remains, to conduct and bear the financial costs of said skeletal analysis and reinterment. The commission by written notice to the state secretary shall recommend the reservation from sale of any land owned by the commonwealth or a political subdivision, including any forfeited to a city or town for the nonpayment of taxes, on which sites or specimens are located or may be found, as designated by the state archeologist; provided, however, that the reservation of such lands from sale shall be confined to the actual location of the site or specimens. When said sites or specimens have been explored, excavated or otherwise examined to the extent desired by the state archeologist he shall file with the state secretary a statement that there is no longer cause for reserving such land from sale. All agencies of the commonwealth or of any political subdivision thereof shall cooperate fully with the state archeologist in the preservation, protection, excavation and evaluation of specimens and sites.

M.G.L. c. 9, § 26B Definitions applicable to Secs. 26A, 26C, and 27 to 27C

c. 9, § 26B. Definitions applicable to Secs. 26A, 26C, and 27 to 27C Section 26B. The following definitions shall apply to section twenty-six A, section twenty-six C, and to sections twenty-seven to twenty-seven C, inclusive:— ''Adverse effect'', (1) the destruction or alteration of all or part of a site, (2) the isolation or alteration of a site's surrounding environment, (3) the introduction of visual, audible or atmospheric elements that are out of character with the site or alter its setting, (4) the neglect of a site resulting in deterioration or destruction, or (5) the transfer or sale of the site without adequate conditions or restrictions regarding preservation, maintenance or use. ''Effect'', any change in the integrity of the location, design, setting, material, workmanship, feeling or association of the site. ''Field investigation'', the study of the traces of human culture or other remains at any land or water site by means of surveying, digging, sampling, excavating or removing surface or subsurface objects, or the entrance onto a site with that intent. ''License'', a permit determination, order or other action, including the issuance of a lease, license, permit, certificate, variance, approval, or other entitlement for use, granted to any person, firm, or corporation, including trusts, voluntary association or other forms of business organizations by a state body for a project but shall not include a general entitlement to a person to carry on a trade or profession or to operate mechanical equipment which does not depend upon the location of such trade or operation. ''Project'', action, activity, program, construction, or land modification, including, but not limited to, a building or structure, either directly undertaken by a state body, or which, if undertaken by a private person, in whole or in part seeks the provision of financial assistance by a state body or, in whole or in part requires the issuance of a license by a state body. ''Site'', any building, structure, district or area including those underground, that is one hundred and fifty years old or more and significant in the history, archeology, architecture or culture of the nation, the commonwealth or its communities as determined by the commission. ''Specimens'', all relics, artifacts, remains, objects, or any other evidence of a historical, prehistorical, archeological, anthropological or paleontological nature fifty years old or more which may be found below or on the surface of the earth, and which have scientific, historical or archeological value, including but not limited to objects of antiquity, aboriginal, colonial or industrial relics, and archeological or paleontological samples. ''State body'', any agency, executive office, department, board, commission, bureau, division, or authority of the commonwealth established to serve a public purpose.

M.G.L. c. 9, § 26C State register of historic places

c. 9, § 26C. State register of historic places Section 26C. The commission shall establish and maintain a state register of historic places, known as the state register. The state register shall contain the following properties: (1) all districts, sites, buildings, or objects determined eligible for listing or listed in the National Register of Historic Places; (2) all local historic districts established pursuant to chapter forty C or a special law; (3) all landmarks designated under local ordinance or by-law; (4) all structures and sites subject to a preservation easement approved or held by the commission pursuant to section thirty-two of chapter one hundred and eighty-four; (5) all historical or archeological landmarks certified pursuant to section twenty-seven and (6) all districts, structures, buildings, and sites listed in the state register of historic places pursuant to section twenty-six D. The commission shall periodically update the state register.

M.G.L. c. 9, § 26D Property listings; regulations

c. 9, § 26D. Property listings; regulations Section 26D. The commission shall promulgate regulations as may be necessary for:— (1) nominating properties for listing in and removal from the state register of historic places; and (2) establishing criteria for properties to be listed in the state register of historic places. The commission shall use the criteria for listing in the National Register of Historic Places as a guide in establishing criteria for listing in the state register. The commission may accept a nomination from any local government or state agency for listing of a property in the state register of historic places. The commission may include in the state register of historic places any property for which a nomination is made if the commission determines that the property is eligible in accordance with the regulations promulgated under this section.

M.G.L. c. 9, § 27 Certification of historic or archeological landmarks; standards for care and management; alteration of landmarks; field investigation of sites

c. 9, § 27. Certification of historic or archeological landmarks; standards for care and management; alteration of landmarks; field investigation of sites Section 27. The commission may request the chairman to examine certain sites and structures in the commonwealth and to make recommendations concerning their historical significance. Any such site or structure deemed by the commission to be of substantial historical significance to the commonwealth may, with the written consent of the person or persons claiming ownership, and such others having recorded interests as the commission shall deem necessary, be certified by the commission as an historic landmark and a list of such certified historic landmarks shall be maintained and published annually by the state secretary. In the case of landmarks owned by the commonwealth, such consent may be given by the governor. In the case of landmarks owned by a city such consent may be given by its manager or, if there is no manager, its mayor, with the approval of its city council, and in the case of landmarks owned by a town, by its selectmen. No such certification shall take effect until a notice of such certification has been recorded in the registry of deeds in the county where such certified landmark is situated. The commission may establish standards for the care and management of such certified landmarks, and may withdraw such certification for failure to maintain such standards provided that a notice of such withdrawal is recorded as aforesaid. No certified historic landmark shall be altered in such a manner as would seriously impair its historical values without permission of the commission, except that persons having recorded interests who have not given written consent to the certification and those claiming under them shall not be required to obtain such permission. Before granting such permission the commission shall hold a public hearing. The commission may grant such permission or may withhold permission for any period up to one year during which time the commission shall consult with civic groups, public agencies and interested citizens to ascertain what action, if any, ought to be taken to preserve such landmark, and shall make recommendations for its preservation to the commonwealth or its political subdivisions, to historical societies or to other interested civic organizations. The superior court shall have jurisdiction in equity to enforce the provisions of this section and, on petition of any party in interest, may alter, amend or revoke the order of the commission. The commission may request the state archeologist to examine certain sites in the commonwealth and to make recommendations concerning their archeological significance. Any such site deemed by the commission to be of substantial archeological significance to the commonwealth may, with the written consent of the person or persons claiming ownership, and such others having recorded interests as the commission shall deem necessary, be certified by the commission as an archeological landmark. In the case of landmarks owned by the commonwealth, such consent may be given by the governor. In the case of landmarks owned by a city, such consent may be given by its manager or, if there is no manager, its mayor, with the approval of its city council, and in the case of landmarks owned by a town, by its selectmen. No such certification shall take effect until a notice of such certification has been recorded in the registry of deeds in the county where such certified landmark is situated. The commission may establish standards for the care and management of such certified landmarks, and may withdraw such certification for failure to maintain such standards provided that a notice of such withdrawal is recorded as aforesaid. No person, corporation or municipality shall conduct a field investigation, as defined in section twenty-six A, of any site so certified without first obtaining a permit from the state archeologist, according to the provisions of section twenty-seven C. The superior court shall have jurisdiction in equity to enforce the provisions of this section and, on petition of any party in interest, may alter, amend or revoke the order of the commission.

M.G.L. c. 9, § 27A Hearings, contracts, acceptance of gifts, etc., authorized; assistance and data of other agencies

c. 9, § 27A. Hearings, contracts, acceptance of gifts, etc., authorized; assistance and data of other agencies Section 27A. The commission may hold hearings, may enter into contracts with individuals, organizations and institutions for services furthering the objectives of the commission's program; may enter into contracts with local or regional associations for cooperative endeavors furthering the commission's program; may accept gifts, contributions and bequests of funds from individuals, foundations and from federal, state or other governmental bodies for the purpose of furthering the commission's program; may make and sign any agreements and may do and perform any and all acts which may be necessary or desirable to carry out the purposes of sections twenty-six to twenty-seven B, inclusive. The commission may request from any department, division, board, bureau, commission or agency of the commonwealth, or any municipal historical commission, such assistance and data as will enable it properly to carry out its powers and duties.

M.G.L. c. 9, § 27B Federal historic preservation act; surveys and plans; custody and expenditure of funds

c. 9, § 27B. Federal historic preservation act; surveys and plans; custody and expenditure of funds Section 27B. The commission shall develop historical surveys and plans in accordance with the requirements of the federal historic preservation act (Title 16, U.S.C. sections 470–470N). The commission shall be the sole agency of the commonwealth for administration of said act. The state treasurer shall be the custodian of funds received by the commonwealth under section one hundred three of said act, and said funds shall be expended by the commission, without special appropriation, on projects approved by it which carry out the objects of the said act.

M.G.L. c. 9, § 27C Projects; notice; adverse effect; review

c. 9, § 27C. Projects; notice; adverse effect; review Section 27C. As early as possible in the planning process of a project undertaken by a state body, or prior to a state body's funding or licensing, in whole or in part, a private project, the state body undertaking, funding or licensing such project shall notify the commission of such project and the commission shall, within thirty days of receipt of such notice, determine whether such project will have any adverse effect, direct or indirect, on any property listed in the state register of historic places. If the commission does not make a determination within thirty days, the state body or the proponent may proceed with the project. Upon a determination of adverse effect, the commission, the state agency and, in the case of a private project, the project proponent shall immediately consult to discuss ways to eliminate, minimize or mitigate the adverse effects; provided, however, that such property was included in the inventory of the historic assets of the commonwealth prior to the thirtieth day following the submission of an application for building, demolition, special permit, or the submission of a plan under the provisions of section eighty-one O, eighty-one P, or eighty-one S of chapter forty-one, or the application for the required state permits for the project. The state body undertaking the project or the private entity proposing the project shall adopt all prudent and feasible means to eliminate, minimize, or mitigate the adverse effects. The commission's review shall not be limited to the subject matter of the license, but shall extend to the entire project whether licensed or funded in whole or in part. The commission shall have the authority to promulgate rules and regulations necessary to implement the provisions of this section. This section shall be interpreted and administered so as to eliminate, minimize or mitigate adverse effects to properties listed in the state register of historic places. Any person, corporation, agency or authority of the commonwealth or any of its political subdivisions supervising any survey, excavation or construction on any lands of the commonwealth, its agencies or political subdivisions shall report to the state archeologist the existence of any archeological, paleontological or historical site or object discovered in the course of such survey, excavation or construction, and shall take all reasonable steps to secure its preservation. No person, corporation, agency or authority of the commonwealth or any of its political subdivisions shall conduct field investigation activities on any land owned or controlled by the commonwealth, its agencies or political subdivisions or on any historic or archeological landmarks or on any lands restricted by section thirty-one of chapter one hundred and eighty-four of the General Laws without first securing a permit from the state archeologist. The state archeologist shall issue permits for exploration and field investigation to be undertaken on said lands, with the consent of the owner or agency in charge of said lands, to those persons or institutions which he deems to be qualified to conduct such activity, and subject to such rules and regulations as the commission may prescribe; provided, however, that any such activity shall be conducted with the objective of disseminating the knowledge gained by it; provided further, that a summary report of such activity, containing relevant maps, documents, drawings and photographs be submitted to the commission; and provided further, that all specimens collected through such activity shall be the permanent property of the commonwealth. The commission may make arrangements for the disposition or display of any such specimens in appropriate institutions located within the commonwealth. Information reported to the state archeologist pursuant to this section shall be regarded as confidential. Any person, corporation, agency or authority of the commonwealth or any of its political subdivisions who shall conduct field investigations on any land owned or controlled by the commonwealth, its agencies, or any political subdivisions thereof or in which the commonwealth has an interest, without first obtaining a permit therefor as provided in this section, or any person, corporation or municipality who shall appropriate, deface, destroy or otherwise alter any site, specimen or landmark except in the course of activities authorized under said permit, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both. All specimens, objects and materials collected or excavated in violation of this section shall be forfeited to the commonwealth. Any person, corporation, agency or authority of the commonwealth or any of its political subdivisions who shall reproduce, retouch, rework or forge any archeological, paleontological or historical object, or falsely label, describe, identify or offer for sale or exchange any object, with intent to represent said object as an original and genuine archeological, paleontological or historical specimen, or any person who shall offer for sale or exchange any object with knowledge that it has been previously collected or excavated in violation of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months or both. The superior court shall have jurisdiction in equity to enforce the provisions of this section and, on the petition of any party in interest, may alter, amend or revoke any order of the commission or state archeologist. The commission may adopt any rules and regulations necessary to implement the provisions of this section. Any person, corporation, agency or authority of the commonwealth or any of its political subdivisions who shall discover unmarked human burial or skeletal remains suspected of being one hundred years of more pursuant to section six C of chapter thirty-eight, shall immediately cease any activity, including but not limited to, construction and agricultural activity, which would deface, alter, destroy or otherwise impair the integrity of the site until such time as the state archeologist has completed a site evaluation pursuant to paragraph six of section twenty-six A of chapter nine of the General Laws and until disposition of the remains has been agreed upon pursuant to either section thirty-eight A of chapter seven or pursuant to paragraph seven of section twenty-six A, of chapter nine.

M.G.L. c. 9, § 27D Historic homesteads

c. 9, § 27D. Historic homesteads Section 27D. Any person owning or in possession of a homestead or tract of land which has been owned or in the possession of his family for one hundred years or more may apply to the commission to list the homestead or tract of land in a register to be maintained by the commission. The commission shall provide forms for such application and shall rule on the authenticity of the homestead or the ownership or possession of the tract of land according to criteria it shall establish and make public. Upon the authentication of the homestead or tract of land by the commission, it shall list the homestead or tract of land on its register and provide the applicant with a plaque of suitable design determined by the commission to be affixed to the homestead or tract of land. The plaque shall identify the homestead or tract of land as an historic homestead and specify that it is one hundred or more years old as of the date of recognition. If the date or year of construction of the homestead or purchase of tract of land is known, that date or year may appear on the plaque in lieu of the fact that the homestead or tract of land is one hundred or more years old. The plaque shall not bear the name of any member of the commission or any other public official, but may carry an appropriate emblem to be determined by the commission. All costs of administering this program, including maintenance of the register, research into the authenticity of the homestead or tract of land, plaque and plaque design, and mailing costs shall be determined by the commission and shall be borne by the applicant. The applicant shall be responsible for displaying the plaque on the homestead or tract of land in a suitable manner and shall bear all costs of such display. The commission may arrange to present plaques to applicants so desiring at the commission's annual meeting.

M.G.L. c. 9, § 28 Portraits and art objects in state house; photographs

c. 9, § 28. Portraits and art objects in state house; photographs Section 28. The state secretary may cause either black and white or colored photographs to be made of such portraits and other important art objects in the state house as he shall determine. The original negatives of such photographs shall be stored by the Massachusetts historical commission, and prints therefrom shall be made available by the state secretary for the use of the general public upon the payment of such fee as he shall establish.

M.G.L. c. 9, § 29 State ballot law commission; records conservation board

c. 9, § 29. State ballot law commission; records conservation board Section 29. The state ballot law commission and the records conservation board shall be within the department of the state secretary; provided, that nothing herein shall be construed as diminishing the powers and duties conferred and imposed upon the foregoing agencies by any provision of law.

M.G.L. c. 9, § 30 Voting equipment loan program

c. 9, § 30. Voting equipment loan program Section 30. There is hereby established the voting equipment loan program which shall be under the control of the state secretary. The sole purpose of said program shall be to provide, subject to appropriation, loans to municipalities to replace punch card voting systems, so-called, and data vote punch card voting systems, so-called. The state secretary is hereby authorized to promulgate regulations to implement said loan program; provided, however, that such regulations shall require that: (1) all loans shall be repaid to the commonwealth not later than ten years after any such loan is made; (2) such loans shall be repaid with a reasonable rate of interest, such rate to be determined by the secretary of administration and finance; (3) the method of repayment of such loans shall be through a deduction made on a recipient municipality's cherry sheet, so-called; and (4) loans may be made to communities which have replaced punch card voting systems, so-called, and data vote punch card voting systems, so-called, on or after January 1, 1995.

M.G.L. c. 9, § 31 Surcharge on fees of registers of deeds and assistant recorders; registries under control of state secretary; surcharge to fund improvements at registries; disposition of surcharge

c. 9, § 31. Surcharge on fees of registers of deeds and assistant recorders; registries under control of state secretary; surcharge to fund improvements at registries; disposition of surcharge Section 31. Notwithstanding any general or special law to the contrary, the fees of the registers of deeds and of the assistant recorders, except as otherwise provided, to be paid when the instrument is left for recording, filing or deposit shall be subject to a surcharge of $5. The surcharge shall be imposed for the purpose of automation, modernization, operation and technological improvements at the registries of deeds. Only those registries under the control of the state secretary shall be subject to the terms and conditions of this section. From March 15, 2003, until June 30, 2030, all surcharges on fees collected pursuant to this section shall be forwarded to the Registers Technological Fund, established in section 2JJJ of chapter 29. From July 1, 2030, all of the surcharges shall be forwarded to the General Fund as provided in section 2 of said chapter 29.

M.G.L. c. 9, § 32 Submission of EEO–1, EEO–3, EEO–4 and EEO–5 data reports; timing; method of submission

c. 9, § 32. Submission of EEO–1, EEO–3, EEO–4 and EEO–5 data reports; timing; method of submission Section 32. (a) As used in this section, the words, ''covered employer'', ''EEO–1 data report'', ''EEO–3 data report'', ''EEO–4 data report'', ''EEO–5 data report'' and ''wage data report'' shall have the same meanings as defined in section 105E of chapter 149, unless the context clearly requires otherwise. (b)(1) Annually, not later than April 1, the state secretary shall provide to the executive office of labor and workforce development the EEO–1 data reports submitted by covered employers. (2) Not later than April 1 of each odd-numbered year, the state secretary shall provide to the executive office of labor and workforce development the EEO–3 data reports and EEO–5 data reports submitted by covered employers. (3) Not later than April 1 of each even-numbered year, the state secretary shall provide to the executive office of labor and workforce development the EEO–4 data reports submitted by covered employers. (c)(1) The state secretary shall accept wage data reports filed by covered employers subject to the filing requirements of an EEO–1 data report, EEO–3 data report, EEO–4 data report or EEO–5 data report through the least restrictive means available, including, but not limited to, web portals, email submissions or paper forms. (2) The state secretary may establish a web portal, sample email submission or paper form to facilitate the submission of the wage data reports by covered employers. (d) Wage data reports in the custody of the state secretary shall not be considered ''public records'' as defined by clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to chapter 66 or chapter 66A.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter9Fetched: 10/20/2026