HCS HB 316 -- OPEN MEETINGS AND RECORDS LAW (Jones, 89)

COMMITTEE OF ORIGIN:  Special Committee on General Laws

This substitute changes the laws regarding the Open Meetings and
Records Law, commonly known as the Sunshine Law.  In its main
provisions, the substitute:

(1)  Requires all records of the Missouri Ethics Commission to be
open records except for any investigative reports prepared by
commission employees regarding complaints until a decision is
rendered and any reports of complaints that the commission
dismisses.  The respondent to a commission investigation may
request that his or her records be sealed for good cause shown;

(2)  Requires all meetings of the commission to be open except
those in which the commission discusses a pending complaint;

(3)  Specifies that a "quasi-public governmental body" will
include any association that receives public funding through dues
paid by a public governmental body or its members;

(4)  Requires the minutes to reflect a summary of the discussions
that occurred at a closed meeting;

(5)  Specifies that only members of a public governmental body,
their attorneys and staff assistants, and any necessary witnesses
will be permitted in any closed meeting of the governmental body;

(6)  Specifies the criteria for the litigation exception to the
open record disclosure.  An actual lawsuit, a threat of a
lawsuit, or a substantial likelihood of litigation must exist in
order to close information regarding a cause of action;

(7)  Requires information to be made available in an electronic
format if a public body keeps records in an electronic format.
Data must be available in a format accessible to the public if it
is stored in a data-processing program.  Hospitals will not be
compelled to violate their licensing agreements involving
proprietary data-processing systems;

(8)  Increases the maximum penalty for a purposeful violation of
Sections 610.010 - 610.026 from up to $5,000 to up to $8,000;

(9)  Allows courts to use the penalty of voiding a public body's
actions when evaluating actions in violation of Sections
610.010 - 610.026 that occur at any meeting not only at closed
meetings;

(10)  Requires any public meeting of a public governmental body
addressing issues regarding a fee or tax increase, eminent
domain, zoning, capital improvement districts, commercial
improvement districts, transportation development districts, or
tax increment financing to give at least five days' notice prior
to the meeting, exclusive of weekends and holidays when the
facility is closed.  The meetings must allow time for public
comment.  If proper notice is not given, any discussion on the
issue must be postponed and no vote will be taken for at least 20
days after the public meeting.  Votes may be taken on any issue
for which the proper notice was provided;

(11)  Allows records regarding internal investigations by law
enforcement into the fitness or conduct of a law enforcement
officer for employment purposes to remain closed.  Criminal
investigative reports and documents will be public records.
Records regarding a proposal to license intellectual property
submitted to public institutions of higher education may also be
closed under certain circumstances;

(12)  Requires any elected or appointed official, or their
designated public information coordinator who is a member of a
public governmental body subject to the Sunshine Law, to take a
course on the Open Meetings Law by the Office of the Attorney
General at no cost.  The requirements of the course are
specified, and it must be from one to two hours in length.  The
course must be taken by the individual within 90 days of taking
the oath of office or assuming his or her responsibilities.
Individuals holding office prior to January 1, 2009, must
complete the training by January 1, 2010; and

(13)  Specifies that a Missouri high school athletic association
receiving public funds is a quasi-public governmental body for
purposes of the Sunshine Law.

The provisions regarding the required training on the Sunshine
Law become effective January 1, 2009.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
in FY 2010, FY 2011, and FY 2012.  Estimated Cost on Other State
Funds of $92,250 in FY 2010, $0 in FY 2011, and $0 in FY 2012.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am