CCS#2 SS SCS HS HCS HB 1095 -- OPEN MEETINGS AND RECORDS

This bill makes several changes relating to governmental
meetings and records, criminal competency, and arrest records.

OPEN MEETINGS AND RECORDS

The bill:

(1)  Expands the definition of "public governmental body" to
include an independent advisory committee formed to advise a
public governmental body;

(2)  Expands the definition of "public meeting" to include the
polling of members of a public governmental body by electronic
means while conducting public business;

(3)  Requires votes taken during closed meetings to be by roll
call vote unless excepted as provided by Article III of the
Missouri Constitution (allows for exception by rule of the House
or Senate).  Any vote taken during closed meetings of a public
governmental body involving legal actions or settlement
agreements, real estate leases within 72 hours after execution
of the lease, or personnel matters must also be recorded as a
roll call vote, unless ordered closed by a court of law;

(4)  Requires notices of public meetings to advise the public of
the actual matters to be considered, including the locations of
members of the body participating by telephone or electronic
communications, and requires the meeting place to be large
enough to accommodate the anticipated public attendance.  In
addition, a public meeting that consists of telephonic or
electronic polling of members must allow the public to observe
and attend the public meeting at a location designated in the
notice of the meeting;

(5)  Clarifies that settlements relating to legal actions of the
public governmental body or its agents will be made public on
final disposition of the matter, unless a court orders the
settlement agreement closed because of the adverse impact on
plaintiffs of disclosing it.  When an agreement is ordered
closed, the amount of money paid by the governmental body is
required to be disclosed;

(6)  Requires closed meetings to be closed only to the extent
necessary, allowing the public to remain at the location to
attend a subsequent open meeting session;

(7)  Prohibits a public governmental body from contracting with
a caretaker or custodian of records for the exclusive right to
access public records, unless the exclusive right to access
fosters industry uniformity;

(8)  Limits fees for copying public records to not exceed the
cost of document search and duplication or if stored on tape or
disk the cost of programming the tape or disk.  The government
must verify that the duplication and search costs are fair and
reasonable;

(9)  Clarifies that an individual member or the public
governmental body itself may be held liable for violations of
the open records law.  The bill also expands the time a cause of
action may be brought for a violation of the open records law.
The suit must be commenced within one year of when the violation
is ascertainable and in no event later than 2 years after the
violation.  Under current law, the statute of limitations is
within 6 months and no later than one year;

(10)  Encourages a public governmental body that keeps its
records electronically to provide an electronic access available
to the public;

(11)  Makes the closed record provision apply to records of
municipal hotlines established for the reporting of abuse or
wrongdoing, work product of a municipal auditor's office, and
financial and business records of a restructuring municipal
electric utility.  The electric utility exception has a
contingent sunset provision of December 31, 2001;

(12)  Clarifies that a public record does not include any
internal memorandum or letter prepared for a public governmental
body aiding in the decision-making process; and

(13)  Prohibits law enforcement agencies from releasing copies
of accident reports within 60 days of the accident unless the
requesting person is an interested party.

CRIMINAL COMPETENCY

The bill changes record requirements regarding criminal
competency offenders.  The bill:

(1)  Requires clerks of reporting criminal courts to furnish
final dispositions to the central repository, including all
releases and acquittals on the ground of mental disease or
defect excluding responsibility.  The clerks will also provide
documents to the Department of Corrections or Department of
Mental Health indicating court judgment, sentence, offense cycle
number, and criminal offense at the time of commitment or
assignment or for subsequent convictions;

(2)  Requires the Department of Mental Health to furnish the
central repository with commitment records relating to
sentencing, releases, pardons, paroles, or escapes of persons
committed after acquittals on the ground of mental disease or
defect excluding responsibility; and

(3)  Allows access to certain closed records of a person found
not guilty due to mental disease or defect, by law enforcement
agencies, child care agencies, and in-home service providers.

HS HCS HB 1095 -- GOVERNMENTAL MEETINGS AND RECORDS (Smith)

This substitute makes several changes relating to governmental
meetings and records, and arrest records.  The substitute:

(1)  Expands the definition of "public governmental body" to
include an independent advisory committee formed to advise a
public governmental body and any nonpartisan judicial commission;

(2)  Expands the definition of "public meeting" to include the
polling of members of a public governmental body by electronic
means while conducting public business;

(3)  Requires public votes to be by roll call vote unless
excepted as provided by Article III of the Missouri Constitution
(allows for exception by rule of the House or Senate).  Also,
any not unanimous vote taken by a public governmental body must
be taken and recorded as a roll call vote.  Any vote taken
during closed meetings of a public governmental body involving
legal actions or settlement agreements, real estate, or
personnel matters must also be recorded as a roll call vote;

(4)  Requires notices of public meetings to advise the public of
the actual matters to be considered, including the locations of
members of the body participating by telephone or electronic
communications, and requires the meeting place to be large
enough to accommodate the anticipated public attendance.  In
addition, a public meeting that consists of telephonic or
electronic polling of members must allow the public to observe
the public body's actions unless the member is within 50 miles
of the meeting place;

(5)  Clarifies that settlements relating to legal actions of the
public governmental body or its agents will be made public on
final disposition of the matter;

(6)  Makes the closed record provisions not apply to the
appointment process for a judge by any nonpartisan judicial
commission;

(7)  Requires closed meetings to be closed only to the extent
necessary, allowing the public to remain at the location to
attend a subsequent open meeting session;

(8)  Prohibits a public governmental body from contracting with
a caretaker or custodian of records that prohibits public access
to such records.  This provision covers any on-line service or
storage by device or medium in a computer system used by the
public body or its agents for governmental functions;

(9)  Limits fees for copying public records to not exceed the
cost of document search and duplication or if stored on tape or
disk the cost of the tape or disk.  The government must verify
that the duplication and search costs are fair and reasonable;

(10)  Clarifies that an individual member or the public
governmental body itself may be held liable for violations of
the open records law;

(11)  Requires a public governmental body that keeps its records
electronically to provide an electronic access available to the
public; and

(12)  Makes the closed record provision apply to records of
municipal hotlines established for the reporting of abuse or
wrongdoing and the work product of a municipal auditor's office.

FISCAL NOTE:  Net Cost to State Funds of less than $50,000 in FY
1999, FY 2000, and FY 2001.

HCS HB 1095 -- GOVERNMENTAL MEETINGS AND RECORDS

SPONSOR:  Smith

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 11 to 6.

This substitute makes several changes relating to governmental
meetings and records, and arrest records.  The substitute:

(1)  Expands the definition of "public governmental body" to
include an independent advisory committee formed to advise a
public governmental body;

(2)  Expands the definition of "public meeting" to include the
polling of members of a public governmental body by electronic
means while conducting public business;

(3)  Requires public votes to be by roll call vote unless
excepted as provided by Article III of the Missouri Constitution
(allows for exception by rule of the House or Senate);

(4)  Requires notices of public meetings to advise the public of
the actual matters to be considered and the meeting place to be
large enough to accommodate the anticipated public attendance.
In addition, a public meeting that consists of telephonic or
electronic polling of members must allow the public to observe
the public body's actions;

(5)  Clarifies that settlements relating to legal actions of the
public governmental body or its agents will be made public on
final disposition of the matter;

(6)  Repeals the provision requiring a vote on the hiring,
firing, disciplining, or promoting of an employee of a public
governmental body to be made public within 72 hours of the
action taken;

(7)  Makes names and cities of residence of final applicants for
employment as executive officers or administrators of public
governmental bodies available as open records;

(8)  Prohibits votes to be taken in a closed meeting.  A closed
meeting must be adjourned and a vote taken in an open session;

(9)  Prohibits a pubic governmental body from contracting with a
caretaker or custodian of records that prohibits public access
to such records.  This provision covers any on-line service or
storage by device or medium in a computer system used by the
public body or its agents for governmental functions;

(10)  Limits fees for copying public records to not exceed the
cost of duplication or if stored on tape or disk the cost of the
tape or disk;

(11)  Clarifies that an individual member or the public
governmental body itself may be held liable for violations of
the open records law; and

(12)  Requires a public governmental body that keeps its records
electronically to provide an electronic access available to the
public.

FISCAL NOTE:  Loss to Various Funds of $900,000 to Unknown in FY
1999, FY 2000, and FY 2001.  Partial Net Cost Highway Fund of
$265,677 in FY 1999, $66,147 in FY 2000, and $67,801 in FY
2001.  Does not include possible loss of funds for copies.
Partial Net Cost to Conservation Fund of $497,749 in FY 1999,
$58,754 in FY 2000, and $60,223 in FY 2001.  Partial Net Cost to
Insurance Dedicated Fund of $100,000 to Unknown in FY 1999, FY
2000, and FY 2001.  Does not include possible loss of funds for
copies.  Partial Net Cost to General Revenue Fund of $0 to
Unknown in FY 1999, FY 2000, and FY 2001.  Does not include
possible loss of funds for copies.

PROPONENTS:  Supporters say that the bill will allow greater
access and accommodations to public meetings held by
governmental bodies.  In addition, the bill will require that
voting by members of a governmental body will be recorded and
made in a public forum.

Testifying for the bill were Representative Smith; Missouri
Press Association; University of Missouri; Missouri Municipal
League; Missouri State Teachers Association; and Office of
Administration.

OPPONENTS:  Those who oppose the bill say that the bill will
hinder police investigations by providing "all arrest records."
The bill also provides for the conversion of records to an
electronic format that will be costly and not always possible to
do.

Testifying against the bill were Office of the Secretary of
State; and Missouri Sheriffs Association.

Michael Warrick, Legislative Analyst

HB 1095 -- Governmental Meetings and Records

Co-Sponsors:  Smith, Gaw

This bill makes several changes relating to governmental
meetings and records, and arrest records.  The bill:

(1)  Expands the definition of "public governmental body" to
include an independent advisory committee formed to advise a
public governmental body;

(2)  Expands the definition of "public meeting" to include the
polling of members of a public governmental body by electronic
means while conducting public business;

(3)  Requires public votes to be by roll call vote unless
excepted by rule of the House or Senate;

(4)  Requires notices of public meetings to advise the public of
the actual matters to be considered and the meeting place to be
large enough to accommodate the anticipated public attendance.
In addition, a public meeting that consists of telephonic or
electronic polling of members must allow the public to observe
the public body's actions;

(5)  Clarifies that legal actions of a public governmental body
are closed records involving imminent causes of actions,
settlement agreements, or agents representing the body until
final disposition of the matter;

(6)  Repeals the provision requiring a vote on the hiring,
firing, disciplining, or promoting of an employee of a public
governmental body to be made public within 72 hours of the
action taken;

(7)  Makes names and addresses of candidates for employment at
public governmental bodies open records;

(8)  Clarifies that actions taken by a party caucus of the
General Assembly involving the election of officers or pending
legislative issues are closed records;

(9)  Prohibits votes to be taken in a closed meeting except
votes taken at a closed party caucus.  A closed meeting must be
adjourned and a vote taken in an open session;

(10)  Prohibits a pubic governmental body from contracting with
a caretaker or custodian of records that prohibits public access
to such records.  This provision covers any on-line service or
storage by device or medium in a computer system used by the
public body or its agents for governmental functions;

(11)  Limits fees for copying public records to not exceed 5
cents per page or if stored on tape or disk the cost of the tape
or disk;

(12)  Clarifies that an individual member or the public
governmental body itself may be held liable for violations of
the open records law;

(13)  Requires a public governmental body that keeps its records
electronically to provide an electronic access available to the
public; and

(14)  Makes incident and arrest reports available to the public
within 24 hours of the incident giving rise to the report unless
there is an ongoing investigation or until conclusion of the
matter at trial.