[ Text of section effective until May 30, 2023. For text effective May 30, 2023, see below.]

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  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; the commissioner of environmental management; the commissioner of commerce; 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 director of housing and community development. 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.

Chapter 9: Section 26. Massachusetts historical commission; establishment

[ Text of section as amended by 2023, 7, Secs. 37 and 38 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]

  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.