- Perfected -

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. Any meeting held by conference call, video conference, Internet chat or Internet message board is considered a public meeting. 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. Documents prepared for a public body by a consultant are considered a public record and must be retained by the public governmental body. Public votes include votes cast in person, by telephone or other electronic means.

All roll call votes taken in public meetings, except for meetings of a committee established by a public body, shall consist only of members who are physically present and in attendance at the meeting. Meetings conducted by telephone or other electronic means must include notice of the mode by which the meeting will be conducted and where the public may attend the meeting. Notice for such meetings must be posted on the website of the public body as well as at the principal office of the body. The body must allow for the recording by audiotape or videotape, but may establish guidelines regarding the manner of recording in order to minimize disruption to the meeting. Public bodies are required to maintain minutes of closed meetings.

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 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 may object to the closing of a meeting, record or vote if the member believes the motion to close violates the Sunshine Law. Such member must object at or before the motion to closed is voted upon. The member shall be allowed to fully participate in any subsequent meeting or vote. If the objecting members also votes in opposition to the motion to close, the member shall be immune from any liability for improper closure of a meeting. The act requires a public governmental body to supply a requested record in the format requested, if the document is available in such format.

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. For searches which require more than clerical duplication, the agency may charge the actual cost of research time if the charges are certified as to their accuracy to the requesting person. Based on the scope of the request, the body can use employees that result in the amount of charges for search and duplication. The person may request the body to provide an estimate of the costs prior to the production of the records. 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 knowing or purposeful violation of the Sunshine Law. If such public entity, law enforcement agency, officer or member commits a knowing violation of the Law, the public entity and law enforcement agency shall, and an officer or member may, be subject to a fine ranging from $25 to $1,000 and the court may award costs and attorney fees. If such public entity, law enforcement agency, officer or member 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.

The Attorney General is authorized to attempt to resolve disputers or complaints, and to review open and closed records, except for privileged communications. Closed records shall remain closed, unless the Attorney General determines that closure was unlawful, in which case he shall be entitled to use the records in an action to enforce the Sunshine Law. The attorney general is precluded from obtaining records submitted by an individual or entity to a public body where the individual or entity asserts that the record is confidential or privileged. Any attempt to resolve a dispute must be concluded within 30 days. This provision doesn't apply to complaints involving state agencies.

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.

Any member of public body who transmits a message relating to public business by electronic means from a computer not located in the body's office must concurrently transmit the message to the person's office computer or to the custodian of records. This only applies to messages sent to two or more members of the board so that, when counting the sender, a majority of the members are copied.

Information gathered by the Department of Health and Senior services concerning the rate of staphylococcus aureus infections per hospital shall be considered a public record. The Department shall not release the data in a form which could be used to identify a patient.

This act is similar to SB 414 (2003).

JIM ERTLE