HCS HB 237, 270, 403 & 442 -- SUNSHINE LAW

SPONSOR:  Smith

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 15 to 0.

This substitute makes several changes to the Sunshine Law, which
governs open meetings and open records of public entities.  In
its main provisions, the substitute:

(1)  Increases the maximum civil penalty for violation of the
Sunshine Law from $500 to $25,000, but not to exceed 5% of the
public entity's annual budget;

(2)  Removes the term "purposely" from the statute, making a
violation of the Sunshine Law a strict liability offense;

(3)  Requires a "knowing violation" of the Sunshine Law before
the court may award attorney fees and costs;

(4)  Requires votes taken in an open meeting to be by roll call,
except votes on procedural or ministerial matters.  Current law
requires a roll call vote only during closed meetings;

(5)  Requires any roll call votes taken in a closed meeting
regarding legal actions, the acquiring of real property, or
personnel matters to be included with any records that are
eventually made public upon the completion of that action;

(6)  Allows a public hospital to close records and meetings
which relate to: (a) physician contracts; (b) contracts with a
health carrier or a self-insured health plan; or (c) discussion
and analysis of any expansion or revision of health services or
facilities; and

(7)  Extends until December 31, 2003, a provision allowing
municipal electric utilities to close portions of their
financial records and business plans.  This provision is
currently set to expire on December 31, 2001, unless the General
Assembly has authorized electric utility restructuring.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters of HB 237 say that the penalties
currently available are not strong enough to really enforce the
Sunshine Law, especially with large public entities.  In
addition, the current level of culpability, "purposely," is too
difficult to prove in court.  The term exists only in this
statute and in campaign financing.  Supporters of HB 270 say
that citizens and the media should be able to read the minutes
of an open meeting and know what happened.  Supporters of HB 403
say that electric utilities will eventually be deregulated, so
municipal utilities must be able to operate like private
utilities to be as efficient.  Supporters of HB 442 say that
current law forces taxpayers to pay more to support public
hospitals, because those hospitals operate at a competitive
disadvantage when they must hand over their books to the
competition.

Testifying for HB 237 were Representative Smith; Claire
McCaskill, State Auditor; Missouri Press Association; Office of
the Attorney General; Missouri Broadcaster's Association; and
Clyde Engel.  Testifying for HB 270 were Representative Legan;
and Missouri Press Association.  Testifying for HB 403 were
Representative Hosmer; and Association of Municipal Utilities.
Testifying for HB 442 were Representative Smith; North Kansas
City Hospital; BJC Hospitals; Boone County Hospital; and
Missouri Hospital Association.

OPPONENTS:  Those who oppose HB 237 say that 80% of the 4,700
political subdivisions in the state are very small, with very
small budgets.  Many of these political entities don't even have
one full-time employee.  If people volunteering to serve on
local boards and commissions were fined for not responding to a
record request within 3 days, a lot of board members would
resign.  Instead of making the penalties so severe, the state
should offer more training regarding public records.  There is
an annual turnover rate of 30% in the positions that typically
are designated the custodian of records.  These small political
entities will gladly comply with the law.  They just need help
learning what the law requires.  Those who oppose HB 403 say
that this exemption for utilities has become a "rolling
exemption" that will never end, while the utilities industry
won't be truly deregulated for a long time.  Those who oppose HB
442 say that public hospitals can't be "a little bit public."
Tax money founded these hospitals, and they should remain
accountable to the public.  They can already close meetings and
records regarding legal proceedings, real estate deals, and
personnel.

Testifying against HB 237 was Missouri Municipal League.
Testifying against HB 403 and HB 442 was Missouri Press
Association.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am