HCS HB 2210 -- OPEN MEETINGS AND RECORDS LAW

SPONSOR:  Jones (89)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 6 to 0.

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 that the commission
dismisses;

(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)  Revises the definition of "public record" to include any
lease, sublease, or rental agreement entered into by a public
governmental body;

(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)  Requires a court to order the reimbursement of reasonable
costs and attorney fees to the party successfully seeking
disclosure of information contained in an investigative report
compiled by a law enforcement agency that would otherwise be
closed to inspection; and

(7)  Extends the expiration date on the provisions regarding the
public safety exceptions to the Sunshine Law from December 31,
2008, to December 31, 2012.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that the bill requires all records of
the Missouri Ethics Commission, except any investigative reports
concerning complaints, to be open records.  In cases where newly
elected members of a governmental body gather and discuss public
business, the records and discussions of those meetings should be
open to the public even though they haven't been sworn into
office.  When meetings are closed, clarification is needed on who
is entitled to attend those closed meetings of public
governmental bodies.

Testifying for the bill were Representative Jones (89); Jean
Maneke, Missouri Press Association; Richard Gard, Missouri Lawyer
Publishing; and Patrick Lynn, Retail Sales Trade Asociation.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say the provisions
regarding open meetings and notice requirements for newly elected
members of governmental bodies could cause trouble for political
subdivisions.  These are newly elected officials who have not had
Sunshine Law training, nor have the officials taken the oaths of
their respective offices.  The bill will subject them to civil
penalties and liabilities without providing the necessary
training prior to being sworn into office.

Testifying on the bill was Missouri Municipal League.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm