- Introduced -

SB 1020 - This act revises various provisions relating to public records. The Curators of the University of Missouri 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. The names of the final slate of candidates for any position of final authority in a public governmental office must be open. Final audit reports issued by auditors of a public body must be open. 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 objecting member cannot vote on the issue or participate in the discussion.

The act modifies the allowable copying charges for public records. Fees cannot exceed five cents per page and the hourly fee for search time cannot exceed the rate of pay for the least senior employment of the public body. The first hour of time must be provided without charge. The fee for access to public records on a computer shall only include the cost of the disk used for duplication.

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 violation of the Sunshine Law. Currently, the body or member must purposely violate the Law. The act increases the potential penalty from a maximum of $500 to a range of $50 to $1,000. 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