HS HCS HB 237, 270, 403 & 442 -- SUNSHINE LAW (Smith)

This substitute makes several changes to the Sunshine Law, which
governs meetings and 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 $2,500 but not to exceed 5% of the
public entity's annual budget;

(2)  Changes the level of intent required to find a violation of
the Sunshine Law from "purposely" to "knowingly";

(3)  Requires the court, when determining the amount of a
penalty against a public governmental body, to consider the size
of the public governmental body and whether the body has any
prior violations of the Sunshine Law;

(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.

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