EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILLS NOS. 919 & 1081
102ND GENERAL ASSEMBLY
1937S.04C KRISTINA MARTIN, Secretary
AN ACT
To repeal section 105.1500, RSMo, and to enact in lieu thereof ten new sections relating to privacy
protections, with penalty provisions and an emergency clause for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 105.1500, RSMo, is repealed and ten 1
new sections enacted in lieu thereof, to be known as sections 2
105.1500, 105.1675, 476.1300, 476.1302, 476.1304, 476.1306, 3
476.1308, 476.1310, 476.1313, and 565.260, to read as follows:4
105.1500. 1. This section shall be known and may be 1
cited as "The Personal Privacy Protection Act". 2
2. As used in this section, the following terms mean: 3
(1) "Personal information", any list, record, 4
register, registry, roll, roster, or other compilation of 5
data of any kind that direct ly or indirectly identifies a 6
person as a member, supporter, or volunteer of, or donor of 7
financial or nonfinancial support to, any entity exempt from 8
federal income [tax] taxation under Section 501(c) of the 9
Internal Revenue Code of 1986, as amended; 10
(2) "Public agency", the state and any political 11
subdivision thereof including, but not limited to, any 12
department, agency, office, commission, board, division, or 13
other entity of state government; any county, city, 14
township, village, school dist rict, community college 15 SCS HCS HBs 919 & 1081 2
district; or any other local governmental unit, agency, 16
authority, council, board, commission, state or local court, 17
tribunal or other judicial or quasi -judicial body. 18
3. (1) Notwithstanding any provision of law to the 19
contrary, but subject to the exceptions listed under 20
[subsection] subsections 4 and 6 of this section, a public 21
agency shall not: 22
(a) Require any individual to provide the public 23
agency with personal information or otherwise compel the 24
release of personal information; 25
(b) Require any entity exempt from federal income 26
taxation under Section 501(c) of the Internal Revenue Code 27
of 1986, as amended, to provide the public agency with 28
personal information or otherwise compel the release of 29
personal information; 30
(c) Release, publicize, or otherwise publicly disclose 31
personal information in possession of a public agency 32
without the express, written permission of every individual 33
who is identifiable as a financial supporter of an entity 34
exempt from federal income taxation under Section 501(c) of 35
the Internal Revenue Code of 1986, as amended ; or 36
(d) Request or require a current or prospective 37
contractor or grantee with the public agency to provide the 38
public agency with a list of en tities exempt from federal 39
income taxation under Section 501(c) of the Internal Revenue 40
Code of 1986, as amended, to which it has provided financial 41
or nonfinancial support. 42
(2) All personal information in the possession of a 43
public agency shall be considered a closed record under 44
chapter 610 and court operating rules. 45 SCS HCS HBs 919 & 1081 3
4. The provisions of this section shall not preclude 46
any individual or entity from being required to comply with 47
any of the following: 48
(1) Submitting any report or di sclosure required by 49
this chapter or chapter 130; 50
(2) Responding to any lawful request or subpoena for 51
personal information from the Missouri ethics commission as 52
a part of an investigation, or publicly disclosing personal 53
information as a result of an enforcement action from the 54
Missouri ethics commission pursuant to its authority in 55
sections 105.955 to 105.966; 56
(3) The collection or publication of information 57
contained in a financial interest statement, as provided by 58
law; 59
(4) Responding to any lawful warrant for personal 60
information issued by a court of competent jurisdiction; 61
[(4)] (5) Responding to any lawful request for 62
discovery of personal information in litigation if: 63
(a) The requestor demonstrates a compellin g need for 64
the personal information by clear and convincing evidence; 65
and 66
(b) The requestor obtains a protective order barring 67
disclosure of personal information to any person not named 68
in the litigation; 69
[(5)] (6) Applicable court rules or admitting any 70
personal information as relevant evidence before a court of 71
competent jurisdiction. However, a submission of personal 72
information to a court shall be made in a manner that it is 73
not publicly revealed and no court shall publicly reveal 74
personal information absent a specific finding of good 75
cause; or 76 SCS HCS HBs 919 & 1081 4
[(6)] (7) Any report or disclosure required by state 77
law to be filed with the secretary of state, provided that 78
personal information obtained by the secretary of state is 79
otherwise subject to the requirements of paragraph (c) of 80
subdivision (1) of subsection 3 of this section, unless 81
expressly required to be made public by state law. 82
5. (1) A person or entity alleging a violation of 83
this section may bring a civil action for appropriate 84
injunctive relief, damages, or both. Damages awarded under 85
this section may include one of the following, as 86
appropriate: 87
(a) A sum of moneys not less than two thousand five 88
hundred dollars to compensate for injury or loss caused by 89
each violation of this section; or 90
(b) For an intentional violation of this section, a 91
sum of moneys not to exceed three times the sum described in 92
paragraph (a) of this subdivision. 93
(2) A court, in rendering a judgment in an action 94
brought under this section, may award all or a portion of 95
the costs of litigation, including reasonable attorney's 96
fees and witness fees, to the complainant in the action if 97
the court determines that the award is appropriate. 98
(3) A person who knowingly violates this section is 99
guilty of a class B misdemeanor. 100
6. This section shall not apply to: 101
(1) Personal information that a person or entity 102
exempt from federal income taxation under Section 501(c) of 103
the Internal Revenue Code of 1986, as amended, submits or 104
has previously submitted to a public agency for the purpose 105
of seeking or obtaining, including acting on behalf of 106
another to seek or obtain, a contract, grant, permit, 107
license, benefit, tax credit, incentive, status, or any 108 SCS HCS HBs 919 & 1081 5
other similar item, including a renewal of the same, 109
provided that a public agency shall not require an entity 110
exempt from federal income taxation under Section 501(c) of 111
the Internal Revenue Code of 1986, as amended, to provide 112
information that directly ide ntifies donors of financial 113
support, but such information may be voluntarily provided to 114
a public agency by the 501(c) entity. If a financial donor 115
is seeking a benefit, tax credit, incentive, or any other 116
similar item from a public agency based upon a donation, 117
confirmation of specific donations by an entity exempt from 118
federal income taxation under Section 501(c) of the Internal 119
Revenue Code of 1986, as amended, shall be considered 120
personal information voluntarily provided to the public 121
agency by the 501(c) entity; 122
(2) A disclosure of personal information among law 123
enforcement agencies or public agency investigators pursuant 124
to an active investigation; 125
(3) A disclosure of personal information voluntarily 126
made as part of public comm ent, public testimony, pleading, 127
or in a public meeting, or voluntarily provided to a public 128
agency, for the purpose of public outreach, marketing, or 129
education to show appreciation for or in partnership with an 130
entity or the representatives of an enti ty exempt from 131
federal income taxation under Section 501(c) of the Internal 132
Revenue Code of 1986, as amended, provided that no public 133
agency shall disclose information that directly identifies 134
an individual as a donor of financial support to a 501(c) 135
entity without the express, written permission of the 136
individual to which the personal information relates; or 137
(4) A disclosure of personal information to a labor 138
union or employee association regarding employees in a 139
bargaining unit represented b y the union or association. 140 SCS HCS HBs 919 & 1081 6
105.1675. 1. This section shall be known and may be 1
cited as "The Anti-Surveillance and Foreign Intervention 2
Act". 3
2. No elected or appointed member or employee of any 4
state entity shall use, operat e, or download on a state - 5
owned device any social media application that is owned, in 6
whole or in part, by the Chinese government or any company 7
that shares its user's data with the Chinese Communist 8
Party. This section shall not apply to military or law 9
enforcement agencies when doing so is in keeping with the 10
fulfillment of their duties. 11
476.1300. 1. Sections 476.1300 to 476.1310 shall be 1
known and may be cited as the "Judicial Privacy Act". 2
2. As used in sections 476.13 00 to 476.1310, the 3
following terms mean: 4
(1) "Government agency", all agencies, authorities, 5
boards, commissions, departments, institutions, offices, and 6
any other bodies politic and corporate of the state created 7
by the constitution or statute, whether in the executive, 8
judicial, or legislative branch; all units and corporate 9
outgrowths created by executive order of the governor or any 10
constitutional officer, by the supreme court, or by 11
resolution of the general assembly; agencies, authoriti es, 12
boards, commissions, departments, institutions, offices, and 13
any other bodies politic and corporate of a political 14
subdivision, including school districts; and any public 15
governmental body as that term is defined in section 610.010; 16
(2) "Home address", a judicial officer's permanent 17
residence and any secondary residences affirmatively 18
identified by the judicial officer, but does not include a 19
judicial officer's work address; 20 SCS HCS HBs 919 & 1081 7
(3) "Immediate family", a judicial officer's spouse, 21
child, adoptive child, foster child, parent, or any 22
unmarried companion of the judicial officer or other 23
familial relative of the judicial officer or the judicial 24
officer's spouse who lives in the same residence; 25
(4) "Judicial officer", actively employe d, formerly 26
employed, or retired: 27
(a) Justices of the Supreme Court of the United States; 28
(b) Judges of the United States Court of Appeals; 29
(c) Judges and magistrate judges of the United States 30
District Courts; 31
(d) Judges of the United States Bankruptcy Court; 32
(e) Judges of the Missouri supreme court; 33
(f) Judges of the Missouri court of appeals; 34
(g) Judges and commissioners of the Missouri circuit 35
courts, including of the divisions of a circuit court; and 36
(h) Prosecuting or circuit attorney, or assistant 37
prosecuting or circuit attorney; 38
(5) "Personal information", a home address, home 39
telephone number, mobile telephone number, pager number, 40
personal email address, Social Security number, federal tax 41
identification number, checking and savings account numbers, 42
credit card numbers, marital status, and identity of 43
children under eighteen years of age; 44
(6) "Publicly available content", any written, 45
printed, or electronic document or record that provides 46
information or that serves as a document or record 47
maintained, controlled, or in the possession of a government 48
agency that may be obtained by any person or entity, from 49
the internet, from the government agency upon request either 50
free of charge or for a fee, or in response to a request 51 SCS HCS HBs 919 & 1081 8
pursuant to chapter 610 or the federal Freedom of 52
Information Act, 5 U.S.C. Section 552, as amended; 53
(7) "Publicly post or display", to communicate to 54
another or to otherwise make available to the gen eral public; 55
(8) "Written request", written or electronic notice 56
signed by: 57
(a) A state judicial officer and submitted to the 58
clerk of the Missouri supreme court or the clerk's designee; 59
or 60
(b) A federal judicial officer and submitted to that 61
judicial officer's clerk of the court or the clerk's 62
designee; 63
that is transmitted by the applicable clerk to a government 64
agency, person, business, or association to request such 65
government agency, person, business, or association refrain 66
from posting or displaying publicly available content that 67
includes the judicial officer's personal information. 68
476.1302. 1. A government agency shall not publicly 1
post or display publicly available content that includes a 2
judicial officer's personal information, provided that the 3
government agency has received a written request that the 4
agency refrain from disclosing the judicial officer's 5
personal information. After a government agency has 6
received a written request, the governm ent agency shall 7
remove the judicial officer's personal information from 8
publicly available content within five business days. After 9
the government agency has removed the judicial officer's 10
personal information from publicly available content, the 11
government agency shall not publicly post or display the 12
judicial officer's personal information and the judicial 13
officer's personal information shall be exempted from the 14 SCS HCS HBs 919 & 1081 9
provisions of chapter 610, unless the government agency has 15
received written conse nt from the judicial officer to make 16
the personal information available to the public. 17
2. If a government agency fails to comply with a 18
written request to refrain from disclosing personal 19
information, the judicial officer may bring an action 20
seeking injunctive or declaratory relief in any court of 21
competent jurisdiction. If the court grants injunctive or 22
declaratory relief, the court may award costs and reasonable 23
attorney's fees to the judicial officer. 24
3. The provisions of subsection 1 of this section 25
shall not apply to any government agency created under 26
section 43.020. 27
476.1304. 1. No person, business, or association 1
shall publicly post or display on the internet publicly 2
available content that includes a judi cial officer's 3
personal information, provided that the judicial officer has 4
made a written request to the person, business, or 5
association that it refrain from disclosing the personal 6
information. 7
2. No person, business, or association shall soli cit, 8
sell, or trade on the internet a judicial officer's personal 9
information for purposes of tampering with a judicial 10
officer in violation of section 575.095 or with the intent 11
to pose an imminent and serious threat to the health and 12
safety of the judicial officer or the judicial officer's 13
immediate family. 14
3. As prohibited in this section, persons, businesses, 15
or associations posting, displaying, soliciting, selling, or 16
trading a judicial officer's personal information on the 17
internet includes, but is not limited to, internet phone 18 SCS HCS HBs 919 & 1081 10
directories, internet search engines, internet data 19
aggregators, and internet service providers. 20
476.1306. 1. After a person, business, or association 1
has received a written request from a judicial officer to 2
protect the privacy of the officer's personal information, 3
that person, business, or association shall have five 4
business days to remove the personal information from the 5
internet. 6
2. After a person, business, or association has 7
received a written request from a judicial officer, that 8
person, business, or association shall ensure that the 9
judicial officer's personal information is not made 10
available on any website or subsidiary website controlled by 11
that person, business, or association. 12
3. After receiving a judicial officer's written 13
request, no person, business, or association shall make 14
available the judicial officer's personal information to any 15
other person, business, or association through any medium. 16
476.1308. A judicial officer whose personal 1
information is made public as a result of a violation of 2
sections 476.1304 to 476.1306 may bring an action seeking 3
injunctive or declaratory relief in any court of competent 4
jurisdiction. If the court grants injunctive or declaratory 5
relief, the person, business, or association responsible for 6
the violation shall be required to pay the judicial 7
officer's costs and reasonable attorney's fees. 8
476.1310. 1. No government agency, person, business, 1
or association shall be found to have violated any provision 2
of sections 476.1300 to 476.1310 if the judicial officer 3
fails to submit a written request calling for the protection 4
of the judicial officer's personal informat ion. 5
2. A written request shall be valid if: 6 SCS HCS HBs 919 & 1081 11
(1) The judicial officer sends a written request 7
directly to a government agency, person, business, or 8
association; or 9
(2) The judicial officer complies with a Missouri 10
supreme court rule fo r a state judicial officer to file the 11
written request with the clerk of the Missouri supreme court 12
or the clerk's designee to notify government agencies and 13
such notice is properly delivered by mail or electronic 14
format. 15
3. In each quarter of a calendar year, the clerk of 16
the Missouri supreme court or the clerk's designee shall 17
provide a list of all state judicial officers who have 18
submitted a written request under this section to the 19
appropriate officer with ultimate supervisory authority fo r 20
a government agency. The officer shall promptly provide a 21
copy of the list to all government agencies under his or her 22
supervision. Receipt of the written request list compiled 23
by the clerk of the Missouri supreme court or the clerk's 24
designee by a government agency shall constitute a written 25
request to that government agency for the purposes of 26
sections 476.1300 to 476.1310. 27
4. The chief clerk or circuit clerk of the court where 28
the judicial officer serves may submit a written request on 29
the judicial officer's behalf, provided that the judicial 30
officer gives written consent to the clerk and provided that 31
the clerk agrees to furnish a copy of that consent when a 32
written request is made. The chief clerk or circuit clerk 33
shall submit the written request as provided by subsection 2 34
of this section. 35
5. A judicial officer's written request shall specify 36
what personal information shall be maintained as private. 37
If a judicial officer wishes to identify a secondary 38 SCS HCS HBs 919 & 1081 12
residence as a home address, the designation shall be made 39
in the written request. A judicial officer shall disclose 40
the identity of his or her immediate family and indicate 41
that the personal information of those members of the 42
immediate family shall also be excluded to the extent that 43
it could reasonably be expected to reveal the personal 44
information of the judicial officer. A judicial officer 45
shall make reasonable efforts to identify specific publicly 46
available content in the possession of a government agency. 47
6. A judicial officer's written request is valid until 48
the judicial officer provides the government agency, person, 49
business, or association with written consent to release the 50
personal information. A judicial officer's written request 51
expires on such judicial officer's death. 52
7. The provisions of sections 476.1300 to 476.1310 53
shall not apply to any disclosure of personal information of 54
a judicial officer or a member of a judicial officer's 55
immediate family as required by Article VIII, Se ction 23 of 56
the Missouri Constitution, sections 105.470 to 105.482, 57
section 105.498, and chapter 130. 58
476.1313. 1. Notwithstanding any other provision of 1
law to the contrary, a recorder of deeds shall meet the 2
requirements of the p rovisions of sections 476.1300 to 3
476.1310 by complying with this section. As used in this 4
section, the following terms mean: 5
(1) "Eligible documents", documents or instruments 6
that are maintained by and located in the office of the 7
recorder of deeds that are accessed electronically; 8
(2) "Immediate family", shall have the same meaning as 9
in section 476.1300; 10 SCS HCS HBs 919 & 1081 13
(3) "Indexes", indexes maintained by and located in 11
the office of the recorder of deeds that are accessed 12
electronically; 13
(4) "Judicial officer", shall have the same meaning as 14
in section 476.1300; 15
(5) "Recorder of deeds", shall have the same meaning 16
as in section 59.005; 17
(6) "Shield", "shielded", or "shielding", a 18
prohibition against the general public's el ectronic access 19
to eligible documents and the unique identifier and 20
recording date contained in indexes for eligible documents; 21
(7) "Written request", written or electronic notice 22
signed by: 23
(a) A state judicial officer and submitted to the 24
clerk of the Missouri supreme court or the clerk's designee; 25
or 26
(b) A federal judicial officer and submitted to that 27
judicial officer's clerk of the court or the clerk's 28
designee; 29
that is transmitted electronically by the applicable clerk 30
to a recorder of deeds to request that eligible documents be 31
shielded. 32
2. Written requests transmitted to a recorder of deeds 33
shall only include information specific to eligible 34
documents maintained by that county. Any written request 35
transmitted to a recorder of deeds shall include the 36
requesting judicial officer's full legal name or legal alias 37
and a document locator number for each eligible document for 38
which the judicial officer is requesting shielding. If the 39
judicial officer is not a party t o the instrument but is 40
requesting shielding for an eligible document in which an 41 SCS HCS HBs 919 & 1081 14
immediate family member is a party to the instrument, the 42
full legal name or legal alias of the immediate family 43
member shall also be provided. 44
3. Not more than five business days after the date on 45
which the recorder of deeds receives the written request, 46
the recorder of deeds shall shield the eligible documents 47
listed in the written request. Within five business days of 48
receipt, the recorder of deeds shall elec tronically reply to 49
the written request with a list of any document locator 50
numbers submitted under subsection 2 of this section not 51
found in the records maintained by that recorder of deeds. 52
4. If the full legal name or legal alias of the 53
judicial officer or immediate family member provided does 54
not appear on an eligible document listed in the written 55
request, the recorder of deeds may electronically reply to 56
the written request with this information. The recorder of 57
deeds may delay shieldin g such eligible document until 58
electronic confirmation is received from the applicable 59
court clerk or judicial officer. 60
5. In order to shield subsequent eligible documents, 61
the judicial officer shall present to the recorder of deeds 62
at the time of recording a copy of his or her written 63
request. The recorder of deeds shall ensure that the 64
eligible document is shielded within five business days. 65
6. Eligible documents shall remain shielded until the 66
recorder of deeds receives a court order or notarized 67
affidavit signed by the judicial officer directing the 68
recorder of deeds to terminate shielding. 69
7. The provisions of this section shall not prohibit 70
access to a shielded eligible document by an individual or 71
entity that provides to the recorder of deeds a court order 72
or notarized affidavit signed by the judicial officer. 73 SCS HCS HBs 919 & 1081 15
8. No recorder of deeds shall be liable for any 74
damages under this section, provided the recorder of deeds 75
made a good faith effort to comply with the provi sions of 76
this section. No recorder of deeds shall be liable for the 77
release of any eligible document or any data from any 78
eligible document that was released or accessed prior to the 79
eligible document being shielded pursuant to this section. 80
565.260. 1. Except as provided in subsection 2 of 1
this section, a person commits the offense of unlawful 2
tracking of a motor vehicle if the person knowingly 3
installs, conceals, or otherwise places an electronic 4
tracking device in or on a motor vehicle without the consent 5
of all owners of the vehicle for the purpose of monitoring 6
or following an occupant or occupants of the vehicle. As 7
used in this section, "person" does not include the 8
manufacturer of the motor vehicle. 9
2. It shall not be an offense under this section if 10
the installing, concealing, or placing of an electronic 11
tracking device in or on a motor vehicle is: 12
(1) By, or at the direction of, a law enforcement 13
officer in furtherance of a criminal investi gation and such 14
investigation is carried out in accordance with applicable 15
state and federal law; 16
(2) By the owner or lessee of such motor vehicle; 17
(3) By, or at the direction of, a parent or legal 18
guardian who owns or leases the vehicle, an d if the device 19
is used solely for the purpose of monitoring the minor child 20
of the parent or legal guardian when the child is an 21
occupant of the vehicle; 22
(4) By a legally authorized representative of a 23
vulnerable adult for the purpose of trackin g a motor vehicle 24
owned or leased by such adult. As used in this subdivision, 25 SCS HCS HBs 919 & 1081 16
"vulnerable adult" means any person eighteen years of age or 26
older who is impaired by reason of mental illness, 27
intellectual or developmental disability, physical illness 28
or disability, or other causes, including age, to the extent 29
the person lacks sufficient understanding or capacity to 30
make, communicate, or carry out reasonable decisions 31
concerning his or her well -being or has one or more 32
limitations that substantially impair the person's ability 33
to independently provide for his or her daily needs or 34
safeguard his or her person, property, or legal interests; 35
(5) By an owner of fleet vehicles, including a vehicle 36
rental, sharing, or leasing company, for the purp ose of 37
tracking and managing such vehicles and providing services 38
to customers; 39
(6) By an employer for the purpose of tracking a motor 40
vehicle owned by the employer while in use by the employer's 41
employee; or 42
(7) By a bail bond agent, gener al bail bond agent, 43
property bail bondsman, or surety bail bond agent, as those 44
terms are defined under section 374.700, in conjunction with 45
the agent's or bondsman's duties to track a defendant, in 46
which the agent or bondsman is acting as a surety and 47
pledging money or property for the defendant's appearance in 48
court. 49
3. The provisions of this section shall not apply to a 50
tracking system installed by the manufacturer of a motor 51
vehicle. 52
4. The offense of unlawful tracking of a motor veh icle 53
is a class A misdemeanor. 54
Section B. Because immediate action is necessary to 1
protect the ability of nonprofit entities to interact with 2
public agencies and restore transparency to governmental 3 SCS HCS HBs 919 & 1081 17
contracts, grant programs, and ot her similar items, the 4
repeal and reenactment of section 105.1500 of Section A of 5
this act is deemed necessary for the immediate preservation 6
of the public health, welfare, peace, and safety, and is 7
hereby declared to be an emergency act within the mea ning of 8
the constitution, and the repeal and reenactment of section 9
105.1500 of Section A of this act shall be in full force and 10
effect upon its passage and approval. 11