MA S3015

Senate Order filed March 12, 2026 by Senator Friedman requesting advisory opinions from the Supreme Judicial Court regarding Initiative Petition 25-14 (House No. 5004, "An Act to improve access to public records")

The initiative petition would extend Massachusetts public records law (Chapter 66) to cover the General Court (legislature) and the Governor's office, which are currently exempt

The Senate raises constitutional concerns about whether the petition improperly intrudes on the legislature's authority to make its own rules, violates separation of powers, and infringes on legislative immunity for speech and debate

Five specific legal questions are posed to the SJC, including whether the petition constitutes a "law" proper for the initiative process or merely an internal legislative rule, and whether granting courts authority over legislative records is an excluded subject matter

The order expresses concern that the petition would give the Secretary of the Commonwealth, Attorney General, and courts new oversight and enforcement authority over General Court records, including power to order injunctions, attorneys' fees, and punitive damages