SB 28
Modifies provisions relating to access to public records of the Missouri highway patrol
LR Number:
Last Action:
5/30/2023 - Delivered to Governor
Journal Page:
Effective Date:
August 28, 2023
House Handler:

Current Bill Summary

CCS/SB 28 - This act modifies provisions relating to access to certain records.


Currently, the identity of a complainant or recipient shall not be disclosed by the Office of Child Advocate unless they or their legal representative consents or a court orders the disclosure. This act requires disclosure of such identities if requested by law enforcement as part of an investigation.

This provision is identical to SB 249 (2023) and to a provision in SCS/HS/HCS/HBs 1108 & 1181 (2023).


This act provides that a minimum fee of $6 may be charged by the Missouri State Highway Patrol for any request where there are allowable fees of less than $6. Such $6 fee shall be in place of any allowable fee of less than $6.

The Superintendent of the Missouri State Highway Patrol may increase the minimum fee by not more than $1 every other year following August 28, 2024. The minimum fee shall not exceed $10.

This provision is identical to the perfected SB 28 (2023) and to a provision in SS/SCS/HCS/HB 301 (2023) and substantially similar to SB 761 (2022), SB 429 (2021), and HB 2083 (2022).

MISSOURI RAP BACK PROGRAM (Sections 43.539 & 43.540)

Under current law, an entity participating in the Missouri Rap Back Program may request a person's updated criminal history record if the person has previously had a Missouri and national criminal record review within the previous six years. This act repeals the six year requirement.

This provision is identical to SB 264 (2023) and to a provision in SS/SCS/HCS/HB 301 (2023) and SCS/HS/HCS/HBs 1108 & 1181, et al (2023).


This act modifies the Personal Privacy Protection Act.

Currently, a public agency is prohibited from releasing, publicizing, or otherwise publicly disclose personal information, as defined in the act, in possession of the public agency. This act permits such disclosure if the public agency obtains the express, written permission of every individual who is identifiable as a financial supporter of the non-profit entity.

The act provides that the Personal Privacy Protection Act does not preclude the collection or publication of information contained in a financial interest statement.

The act additionally creates exemptions from the Personal Privacy Protection Act. Specifically, the act does not apply to the following:

· Personal information that a person or non-profit organization submits, is expressly required by state law to submit, or has previously submitted to a public agency for the purpose of seeking or obtaining, including acting on behalf of another to seek or obtain, a contract, grant, permit, license, benefit, tax credit, incentive, status, or any other similar item, including a renewal of the same;

· A disclosure of personal information among law enforcement agencies or public agency investigators pursuant to an active investigation;

· A disclosure of personal information voluntarily made as part of public comment, public testimony, pleading, or in a public meeting or voluntarily provided to a public agency, for the purpose of public outreach, marketing, or education to show appreciation for or in partnership with by an entity or the representatives of a non-profit organization; or

· A disclosure of personal information to a labor union or employee association regarding employees in a bargaining unit represented by the union or association.

These provisions contain an emergency clause.

These provisions are identical to HCS/HBs 1064 & 667 (2023) and similar to provisions on the perfected HCS/HBs 919 & 1081 (2023).


This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse and if the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, attorney, or health care or mental health professional stating that such person believes that the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.

This provision is identical to a provision in HCS/SS/SB 198 (2023) and substantially similar to HB 1300 (2020).


Under this act, the Department of Health and Senior Services shall require all employees, contractors, owners, and volunteers of marijuana facilities to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.

This act is identical to provisions in SS/SCS/SB 40 (2023) and

SS/SCS/HCS/HB 301 (2023) and substantially similar to SB 464 (2023) and HB 81 (2023).


Under this act, any personally identifiable information regarding any child receiving child care from a provider or applying for or receiving any services through a state program shall not be subject to disclosure, except as described in the act.

This provision is substantially similar to HB 1010 (2023), provisions in HCS/SS/SB 198 (2023), and SB 628 (2023).

CLOSED RECORDS (Section 610.021)

This act provides that information on security measures, data provided to a tip line, or information in a suspicious activity report provided to certain public entities shall be closed records.

This provision is substantially similar to a provision in SCS/HS/HCS/HBs 1108 & 1181 (2023).