SB 761
Creates provisions relating to access to public records
Sponsor:
LR Number:
3550H.04C
Last Action:
5/13/2022 - H Calendar Senate Bills for Third Reading
Journal Page:
Title:
HCS SS#2 SB 761
Calendar Position:
Effective Date:
August 28, 2022
House Handler:

Current Bill Summary

HCS/SS#2/SB 761 - This act creates and modifies provisions relating to access to public records.

FEES FOR RECORDS REQUESTS OF THE MISSOURI HIGHWAY PATROL (Section 43.253)

This act provides that a minimum fee of $5 may be charged by the Missouri State Highway Patrol for any request where there are allowable fees of less than $5. Such $5 fee shall be in place of any allowable fee of less than $5.

The Superintendent of the Missouri State Highway Patrol may increase the minimum fee by not more than $1 every other year following August 28, 2023. The minimum fee shall not exceed $10.

Additionally, this act provides that a request for public records shall be considered withdrawn if the requester fails to remit all fees within 30 days of a request for payment of the fees by the Missouri State Highway Patrol.

These provisions are identical to SB 429 (2021).

PERSONAL PRIVACY PROTECTION ACT (Section 105.1500)

This act establishes the "Personal Privacy Protection Act" prohibiting public agencies, as defined in the act, from disclosing or requiring the disclosure of personal information, as defined in the act. Specifically, public agencies are prohibited from:

· Requiring any individual to provide the public agency with personal information or otherwise compel the release of such personal information;

· Requiring any entity exempt from federal income taxation under Section 501(c) of the Internal Revenue Code to provide the public agency with personal information or otherwise compel the release of personal information;

· Releasing, publicizing, or otherwise publicly disclosing personal information in possession of a public agency; or

· Requesting or requiring a current or prospective contractor or grantee with the public agency to provide the public agency with a list of entities exempt from federal income tax under Section 501(c) of the Internal Revenue Code to which it has provided financial or nonfinancial support.

The act contains various exceptions to these prohibitions.

Any person or entity may bring a civil action for appropriate injunctive relief, damages, or both. Damages may be not less than $2,500 to compensate for injury or loss caused by each violation of this act and, for an intentional violation, a sum of money not to exceed three times the sum of damages assessed. A court may additionally award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate. Furthermore, a person who knowingly violates this act is guilty of a Class B misdemeanor.

This provision is substantially similar to a provision in the truly agreed to and finally passed SS/HB 2400 (2022) and to the perfected SS/SCS/SB 741 (2022) and identical to a provision in SCS/HCS/HB 2120 (2022), a provision in HCS/SS/SCS/SB 931 (2022), a provision in HCS/SS#2/SCS/SB 968 (2022), HCS/HB 1030 (2021), SB 464 (2021), and a provision in HCS/SS/SB 333 (2021).

PARENTS' ACCESS TO PUBLIC RECORDS ACT (Section 161.841)

This act creates the "Parents' Access to Public School Records Act", which requires school districts that receive any federal or state money to provide to parents specific rights and information relating their child.

Additionally, no school district or public school shall collect any biometric data or other sensitive personal information about a minor child without obtaining written parental consent.

This provision is substantially similar to a provision in HB 1474 (2022) and similar to HB 2195 (2022) and a provision in the perfected HCS/HB 1858 (2022).

NONDISCRIMINATION IN PUBLIC SCHOOLS (Section 170.355)

No school or school employee shall compel teachers or students to discuss public policy issues. The act outlines ideas related to Title IV and VI of the Civil Rights Act of 1964 that teachers and students cannot be compelled to adopt, affirm, or profess including but not limited to: that individuals of any race, ethnicity, color, or national origin are inherently superior or inferior and that individuals, by virtue of their race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other members of the same race, ethnicity, color, or national origin.

Students, parents, or teachers may file a complaint with the Department of Elementary and Secondary Education or the Attorney General for violations of this provision.

This provision is identical to HCS/HB 2428 (2022) and HCS/HB 1858 (2022).

REDACTION OF PERSONAL IDENTIFYING INFORMATION (Section 476.055)

This act provides that any personal information of minors and, if applicable, any next friends shall be redacted from any court automation system that provides public access to electronic records on the internet.

These provisions are identical to SB 872 (2022).

OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER (Section 575.095)

The act also modifies provisions relating to the offense of tampering with a judicial officer. Specifically, a person commits the offense of tampering with a judicial officer if, with the purpose to harass, intimidate or influence a judicial officer in the performance of such officer's official duties, such person disseminates through any means, including by posting on the internet, the personal information of the judicial officer or of the spouse or dependent child of the judicial officer, as defined in the act.

The act modifies the definition of "judicial officer" for purposes of the offense of tampering with a judicial officer, to include commissioners of a state or federal court. It removes juvenile court commissioners from this definition as well.

Under current law, the offense of tampering with a judicial officer is a Class D felony. This act makes the offense a Class B felony if it results in death or bodily injury to the judicial officer or the spouse or dependent child of the judicial officer.

This provision is identical to provisions in the perfected HB 1637 (2022), the perfected HCS/HB 1656 (2022), SCS for HB 2088, HB 1705, & HCS/HB 1699 (2022), and SCS for HB 2697, HB 1589, & HCS/HB 2127 (2022) and substantially similar to a provision in SCS/HB 2120 (2022).

RECORDS OF MUNICIPALLY OWNED UTILITIES (Section 610.021)

This act adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law. A municipally owned utility shall make available to the public the customer's name, billing address, location of service, and dates of service provided for any commercial service account.

These provisions are identical to SB 827 (2022) and a provision contained in the truly agreed SCS/HCS/HB 362 (2021), SB 214 (2021), SCS/HB 657 (2021), SS#2/SCS/HCS/HB 1854 (2020), HB 1953 (2020), HCS/HB 1098 (2019), and SCS/SB 453 (2019), and is similar to SB 828 (2020).

OFFENSE OF TAMPERING WITH AN ELECTION OFFICIAL (Section 1)

A person commits the offense of tampering with an election official if, with the purpose to harass, intimidate, or influence such official in the performance of such official's official duties, such person disseminates through any means, including by posting on the internet, the official's family's personal information. The offense of tampering with an election official shall be a Class D felony. If a violation results in death or bodily injury to an election official or a member of the official's family, the offense shall be a Class B felony.

This provision is identical to a provision in HB 2140 (2022).

OFFENSE OF TAMPERING WITH A PUBLIC OFFICIAL (Section 2)

The act creates the offense of tampering with a public official. A person commits the offense of tampering with a public official if, with the purpose to harass, intimidate, or influence a public official in the performance of such official's official duties, such person disseminates through any means, including by posting on the internet, the personal information of the public official or the spouse or dependent child of the public official. The offense of tampering with a public official is punishable as a Class D felony, unless the offense results in death or bodily injury to a public official or the spouse or dependent child of the public official, in which case it is a Class B felony.

This provision is identical to a provision in SCS/HCS/HB 2120 (2022).

MARY GRACE PRINGLE