- House Committee Substitute -

HCS/SB 858 - This act relates to protecting confidential information and the Sunshine Law.

Under this act, all personally identifiable information concerning participant and beneficiaries of accounts established within the Missouri Higher Education Savings Program shall be confidential.

This act closes portions of hospital records and meetings in certain situations. It provides that a governing body or related body of a public hospital may close records or meetings that pertain to payment amounts and methodologies of contract proposals with health insurance providers, proposed strategic plans to develop new health services or facilities, and hospital contracts with physicians regarding compensation. Information about the parties involved and the duration of such contracts will, however, be public record and physician compensation amounts will be included in the organization's financial statements. Contracts entered into by a public hospital shall become public records two years after the termination or completion of the contracts. The disclosure of any other records will be governed by Chapter 610, RSMo.

This act is similar to SB 930 and HB 1718 (2000).

This act clarifies that votes taken by a public body in a closed meeting regarding legal actions, the acquiring of real property, or personnel matters must be taken by roll call vote and the results of the vote be made public.

This act allows a public governmental body to close its financial records and business plans as they pertain to restructuring or retail choice in the natural gas or electric service industry. This exception will become null and void if the General Assembly does not adopt legislation authorizing electric utility restructuring before December 31, 2002.

This act allows public governmental bodies to close its financial records, business and marketing plans and other proprietary information submitted as part of a sealed bid, sealed proposal or application for certification as a minority or woman-owned business.

This act increases the maximum civil penalty for violating the Sunshine Law from $500 to $25,000, but not to exceed 5% of the public entity's annual budget. The act removes the requirement that the public governmental body must have "purposely" violated the Sunshine Law. In assessing the penalty, the court must consider the size of the jurisdiction, the seriousness of the offense and whether the public governmental body has violated the Sunshine Law previously.

STEPHEN WITTE