- Committee -

SCS/SBs 1020, 889 & 869 - This act revises various provisions relating to public records. The Curators of the University of Missouri and any bi-state development agency are considered a public governmental body. Certain internal memoranda and letters concerning advice, opinions and recommendations made in connection with the deliberative decision-making process of a public body are considered a public record. Public bodies are required to maintain minutes of closed meetings. The act provides that a public body is authorized to close a meeting or record related to an "imminent" cause of action.

Records concerning a transaction involving real estate must be made public upon execution of the transaction, rather than within 72 hours of execution. Records of public employees concerning hours worked and employee benefit information such as the amount of sick leave and vacation leave must be open. Donations or contributions from private sources to the salary of a chancellor or president in the University of Missouri system cannot be closed. Final audit reports issued by auditors of a public body must be open. Operational guidelines and policies of certain public health and safety entities used to respond to terrorist threats may be closed. Such records must be reviewed by the receiving agency within 90 days of submission to see if retention of the document is necessary to further a state security interest. Agencies seeking to close such records must make certain written statements about the need to not release such records. Records voluntarily submitted by a non-public entity owning or operating an infrastructure to a public governmental body for use by the body to devise plans for the protection of the infrastructure may be closed. Records relating to the procurement of or expenditures relating to security systems are open. A member of a public body that objects to the closing of a meeting shall be immune from any liability for improper closure of a meeting.

The modifies the allowable copying charges for public records. Fees cannot exceed 10 cents per page and the hourly fee for search time cannot exceed the average hourly rate of pay for the clerical staff of the public body. The first half-hour of time must be provided without charge. The fee for access to public records on a computer shall include the cost of the disk used for duplication and staff time, which shall not exceed the average hourly rate of pay for clerical staff of the body. In any suit against a public body for violation of the Sunshine Law, the custodian of records cannot alter or dispose of the records at issue.

The act provides that a public body or member or any law enforcement officer or agency is liable for any negligent or purposeful violation of the Sunshine Law. If such public entity or member commits a grossly negligent violation of the Law, the fine shall range from $25 to $1,000 and the court may award costs and attorney fees. If such public entity purposely violates the Law, the fine shall range from $1,000 to $5,000 and the court shall award costs and attorney fees. In all cases, the court shall have discretion in the amount of the fine based on the size of the jurisdiction, the seriousness of the offense, and whether the entity or member has previously violated the Law.

A public body must ensure that any contract for a public records database must not impair the ability of the public to inspect or copy public records. The act deletes language which authorized a law enforcement agency to withhold accident or incident reports for 60 days.

This act is similar to SB 414 (2003).

JIM ERTLE