HB 1445 -- Open Meetings and Records Law

Sponsor:  Jones (89)

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

(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.  On the motion of any party, the commission, upon good
cause shown, will close any record to be introduced at a hearing;

(2)  Requires the minutes to reflect a summary of the discussions
that occurred at a closed meeting but not the disclosure of
records or votes that are properly closed under Section 610.021,
RSMo;

(3)  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;

(4)  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;

(5)  Requires information to be made available in an electronic
format if a public body keeps records in an electronic format.
Data must be available for copying in a format easily accessible
to the public if it is stored in a data-processing program.
Certain hospitals will not be compelled to violate their
licensing agreements involving proprietary data-processing
systems for financial or patient medical record information;

(6)  Increases the maximum penalty for a purposeful violation of
Sections 610.010 - 610.026 from up to $5,000 to up to $8,000 and
the penalty for a knowingly violation from up to $1,000 to
$1,000;

(7)  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;

(8)  Requires the governing body of any city, county, town, or
village or any entity created by these political subdivisions to
hold a public meeting and to allow public comment five business
days prior to voting on an issue involving fee or tax increases,
eminent domain, zoning, transportation development districts,
capital improvement districts, commercial improvement districts,
or tax increment financing;

(9)  Specifies that in any legal proceeding, there will be a
presumption that a meeting, record, or vote is open to the
public.  The burden to prove that it should be closed is on the
public governmental body; and

(10)  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 complete
a course of training regarding the responsibilities of the body
and its members 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, 2010, must
complete the training by January 1, 2011.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm