Missouri 2023 Regular Session

Missouri Senate Bill SB28 Compare Versions

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Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	[TRULY AGREED TO AND FINALLY PASSED ]
6	6	CONFERENCE COMMITTEE SUBSTITUTE FOR
7	7	SENATE BILL NO. 28
8	8	102ND GENERAL ASSEMBLY
9	9	2023
10	10	0495S.04T
11	11	AN ACT
12	12	To repeal sections 37.725, 43.539, 43.540, 105.1500, 193.265, and 610.021, RSMo, and to enact
13	13	in lieu thereof nine new sections relating to access to certain records, with penalty
14	14	provisions and an emergency clause for a certain section.
15	15
16	16	Be it enacted by the General Assembly of the State of Missouri, as follows:
17	17	Section A. Sections 37.725, 4 3.539, 43.540, 105.1500, 1
18	18	193.265, and 610.021, RSMo, are repealed and nine new sections 2
19	19	enacted in lieu thereof, to be known as sections 37.725, 43.253, 3
20	20	43.539, 43.540, 105.1500, 193.265, 195.817, 210.1360, and 4
21	21	610.021, to read as follows:5
22	22	37.725. 1. Any files maintained by the advocate 1
23	23	program shall be disclosed only at the discretion of the 2
24	24	child advocate; except that the identity of any complainant 3
25	25	or recipient shall not be disclosed by the office unless: 4
26	26	(1) The complainant or recipient , or the complainant's 5
27	27	or recipient's legal representative, consents in writing to 6
28	28	such disclosure; [or] 7
29	29	(2) Such disclosure is required by court order ; or 8
30	30	(3) The disclosure is at the request of law 9
31	31	enforcement as part of an investigation . 10
32	32	2. Any statement or communication made by the office 11
33	33	relevant to a complaint received by, proceedings before, or 12
34	34	activities of the office and any complaint or information 13 CCS SB 28 2
35	35	made or provided in good faith by any person shall be 14
36	36	absolutely privileged and such person shall be immune from 15
37	37	suit. 16
38	38	3. Any representative of the office conducting or 17
39	39	participating in any examination of a complaint who 18
40	40	knowingly and willfully discloses to any person other than 19
41	41	the office, or those persons authorized b y the office to 20
42	42	receive it, the name of any witness examined or any 21
43	43	information obtained or given during such examination is 22
44	44	guilty of a class A misdemeanor. However, the office 23
45	45	conducting or participating in any examination of a 24
46	46	complaint shall disc lose the final result of the examination 25
47	47	with the consent of the recipient. 26
48	48	4. The office shall not be required to testify in any 27
49	49	court with respect to matters held to be confidential in 28
50	50	this section except as the court may deem necessary to 29
51	51	enforce the provisions of sections 37.700 to 37.730, or 30
52	52	where otherwise required by court order. 31
53	53	43.253. 1. Notwithstanding any other provision of law 1
54	54	to the contrary, a minimum fee of six dollars may be charged 2
55	55	by the Missouri state hi ghway patrol for a records request 3
56	56	for a Missouri Uniform Crash Report or Marine Accident 4
57	57	Investigation Report where there are allowable fees of less 5
58	58	than six dollars under this chapter or chapter 610. Such 6
59	59	six-dollar fee shall be in place of any allo wable fee of 7
60	60	less than six dollars. 8
61	61	2. The superintendent of the Missouri state highway 9
62	62	patrol may increase the minimum fee described in this 10
63	63	section by no more than one dollar every other year 11
64	64	beginning August 28, 2024; however, the minimum fee 12
65	65	described in this section shall not exceed ten dollars. 13 CCS SB 28 3
66	66	43.539. 1. As used in this section, the following 1
67	67	terms mean: 2
68	68	(1) "Applicant", a person who: 3
69	69	(a) Is actively employed by or seeks employment with a 4
70	70	qualified entity; 5
71	71	(b) Is actively licensed or seeks licensure with a 6
72	72	qualified entity; 7
73	73	(c) Actively volunteers or seeks to volunteer with a 8
74	74	qualified entity; 9
75	75	(d) Is actively contracted with or seeks to contract 10
76	76	with a qualified entity; or 11
77	77	(e) Owns or operates a qualified entity; 12
78	78	(2) "Care", the provision of care, treatment, 13
79	79	education, training, instruction, supervision, or recreation 14
80	80	to children, the elderly, or disabled persons; 15
81	81	(3) "Missouri criminal record review", a review of 16
82	82	criminal history records and sex offender registration 17
83	83	records under sections 589.400 to 589.425 maintained by the 18
84	84	Missouri state highway patrol in the Missouri criminal 19
85	85	records repository; 20
86	86	(4) "Missouri Rap Back program", any type of automatic 21
87	87	notification made by the Missouri state highway patrol to a 22
88	88	qualified entity indicating that an applicant who is 23
89	89	employed, licensed, or otherwise under the purview of that 24
90	90	entity has been arrested for a reported criminal offense in 25
91	91	Missouri as required u nder section 43.506; 26
92	92	(5) "National criminal record review", a review of the 27
93	93	criminal history records maintained by the Federal Bureau of 28
94	94	Investigation; 29
95	95	(6) "National Rap Back program", any type of automatic 30
96	96	notification made by the Federal B ureau of Investigation 31
97	97	through the Missouri state highway patrol to a qualified 32 CCS SB 28 4
98	98	entity indicating that an applicant who is employed, 33
99	99	licensed, or otherwise under the purview of that entity has 34
100	100	been arrested for a reported criminal offense outside the 35
101	101	state of Missouri and the fingerprints for that arrest were 36
102	102	forwarded to the Federal Bureau of Investigation by the 37
103	103	arresting agency; 38
104	104	(7) "Patient or resident", a person who by reason of 39
105	105	age, illness, disease, or physical or mental infirmity 40
106	106	receives or requires care or services furnished by an 41
107	107	applicant, as defined in this section, or who resides or 42
108	108	boards in, or is otherwise kept, cared for, treated, or 43
109	109	accommodated in a facility as defined in section 198.006, 44
110	110	for a period exceeding twenty -four consecutive hours; 45
111	111	(8) "Qualified entity", a person, business, or 46
112	112	organization that provides care, care placement, or 47
113	113	educational services for children, the elderly, or persons 48
114	114	with disabilities as patients or residents, including a 49
115	115	business or organization that licenses or certifies others 50
116	116	to provide care or care placement services; 51
117	117	(9) "Youth services agency", any agency, school, or 52
118	118	association that provides programs, care, or treatment for 53
119	119	or exercises supervision over minors. 54
120	120	2. The central repository shall have the authority to 55
121	121	submit applicant fingerprints to the National Rap Back 56
122	122	program to be retained for the purpose of being searched 57
123	123	against future submissions to the National Rap Back program, 58
124	124	including latent finger print searches. Qualified entities 59
125	125	may conduct Missouri and national criminal record reviews on 60
126	126	applicants and participate in Missouri and National Rap Back 61
127	127	programs for the purpose of determining suitability or 62
128	128	fitness for a permit, license, or emplo yment, and shall 63
129	129	abide by the following requirements: 64 CCS SB 28 5
130	130	(1) The qualified entity shall register with the 65
131	131	Missouri state highway patrol prior to submitting a request 66
132	132	for screening under this section. As part of the 67
133	133	registration, the qualified entit y shall indicate if it 68
134	134	chooses to enroll applicants in the Missouri and National 69
135	135	Rap Back programs; 70
136	136	(2) Qualified entities shall notify applicants subject 71
137	137	to a criminal record review under this section that the 72
138	138	applicant's fingerprints shall be r etained by the state 73
139	139	central repository and the Federal Bureau of Investigation 74
140	140	and shall be searched against other fingerprints on file, 75
141	141	including latent fingerprints; 76
142	142	(3) Qualified entities shall notify applicants subject 77
143	143	to enrollment in the N ational Rap Back program that the 78
144	144	applicant's fingerprints, while retained, may continue to be 79
145	145	compared against other fingerprints submitted or retained by 80
146	146	the Federal Bureau of Investigation, including latent 81
147	147	fingerprints; 82
148	148	(4) The criminal record review and Rap Back process 83
149	149	described in this section shall be voluntary and conform to 84
150	150	the requirements established in the National Child 85
151	151	Protection Act of 1993, as amended, and other applicable 86
152	152	state or federal law. As a part of the registration, the 87
153	153	qualified entity shall agree to comply with state and 88
154	154	federal law and shall indicate so by signing an agreement 89
155	155	approved by the Missouri state highway patrol. The Missouri 90
156	156	state highway patrol may periodically audit qualified 91
157	157	entities to ensure c ompliance with federal law and this 92
158	158	section; 93
159	159	(5) A qualified entity shall submit to the Missouri 94
160	160	state highway patrol a request for screening on applicants 95 CCS SB 28 6
161	161	covered under this section using a completed fingerprint 96
162	162	card; 97
163	163	(6) Each request shall be accompanied by a reasonable 98
164	164	fee, as provided in section 43.530, plus the amount 99
165	165	required, if any, by the Federal Bureau of Investigation for 100
166	166	the national criminal record review and enrollment in the 101
167	167	National Rap Back program in compliance with the National 102
168	168	Child Protection Act of 1993, as amended, and other 103
169	169	applicable state or federal laws; 104
170	170	(7) The Missouri state highway patrol shall provide, 105
171	171	directly to the qualified entity, the applicant's state 106
172	172	criminal history records that are not exe mpt from disclosure 107
173	173	under chapter 610 or otherwise confidential under law; 108
174	174	(8) The national criminal history data shall be 109
175	175	available to qualified entities to use only for the purpose 110
176	176	of screening applicants as described under this section. 111
177	177	The Missouri state highway patrol shall provide the 112
178	178	applicant's national criminal history record information 113
179	179	directly to the qualified entity; 114
180	180	(9) The determination whether the criminal history 115
181	181	record shows that the applicant has been convicted of or h as 116
182	182	a pending charge for any crime that bears upon the fitness 117
183	183	of the applicant to have responsibility for the safety and 118
184	184	well-being of children, the elderly, or disabled persons 119
185	185	shall be made solely by the qualified entity. This section 120
186	186	shall not require the Missouri state highway patrol to make 121
187	187	such a determination on behalf of any qualified entity; 122
188	188	(10) The qualified entity shall notify the applicant, 123
189	189	in writing, of his or her right to obtain a copy of any 124
190	190	criminal record review, including the criminal history 125
191	191	records, if any, contained in the report and of the 126
192	192	applicant's right to challenge the accuracy and completeness 127 CCS SB 28 7
193	193	of any information contained in any such report and obtain a 128
194	194	determination as to the validity of such challenge before a 129
195	195	final determination regarding the applicant is made by the 130
196	196	qualified entity reviewing the criminal history 131
197	197	information. A qualified entity that is required by law to 132
198	198	apply screening criteria, including any right to contest or 133
199	199	request an exemption from disqualification, shall apply such 134
200	200	screening criteria to the state and national criminal 135
201	201	history record information received from the Missouri state 136
202	202	highway patrol for those applicants subject to the required 137
203	203	screening; and 138
204	204	(11) Failure to obtain the information authorized 139
205	205	under this section, with respect to an applicant, shall not 140
206	206	be used as evidence in any negligence action against a 141
207	207	qualified entity. The state, any political subdivision of 142
208	208	the state, or any agency, officer, or employe e of the state 143
209	209	or a political subdivision shall not be liable for damages 144
210	210	for providing the information requested under this section. 145
211	211	3. The criminal record review shall include the 146
212	212	submission of fingerprints to the Missouri state highway 147
213	213	patrol, who shall conduct a Missouri criminal record review, 148
214	214	including closed record information under section 610.120. 149
215	215	The Missouri state highway patrol shall also forward a copy 150
216	216	of the applicant's fingerprints to the Federal Bureau of 151
217	217	Investigation for a n ational criminal record review. 152
218	218	4. The applicant subject to a criminal record review 153
219	219	shall provide the following information to the qualified 154
220	220	entity: 155
221	221	(1) Consent to obtain the applicant's fingerprints, 156
222	222	conduct the criminal record review, and participate in the 157
223	223	Missouri and National Rap Back programs; 158 CCS SB 28 8
224	224	(2) Consent to obtain the identifying information 159
225	225	required to conduct the criminal record review, which may 160
226	226	include, but not be limited to: 161
227	227	(a) Name; 162
228	228	(b) Date of birth; 163
229	229	(c) Height; 164
230	230	(d) Weight; 165
231	231	(e) Eye color; 166
232	232	(f) Hair color; 167
233	233	(g) Gender; 168
234	234	(h) Race; 169
235	235	(i) Place of birth; 170
236	236	(j) Social Security number; and 171
237	237	(k) The applicant's photo. 172
238	238	5. Any information received by an authorized state 173
239	239	agency or a qualified entity under the provisions of this 174
240	240	section shall be used solely for internal purposes in 175
241	241	determining the suitability of an applicant. The 176
242	242	dissemination of criminal history information from the 177
243	243	Federal Bureau of Investigat ion beyond the authorized state 178
244	244	agency or related governmental entity is prohibited. All 179
245	245	criminal record check information shall be confidential, and 180
246	246	any person who discloses the information beyond the scope 181
247	247	allowed is guilty of a class A misdemeanor. 182
248	248	6. A qualified entity enrolled in either the Missouri 183
249	249	or National Rap Back program shall be notified by the 184
250	250	Missouri state highway patrol that a new arrest has been 185
251	251	reported on an applicant who is employed, licensed, or 186
252	252	otherwise under the purvi ew of the qualified entity. Upon 187
253	253	receiving the Rap Back notification, if the qualified entity 188
254	254	deems that the applicant is still serving in an active 189
255	255	capacity, the entity may request and receive the 190 CCS SB 28 9
256	256	individual's updated criminal history record. This process 191
257	257	shall only occur if: 192
258	258	(1) The entity has abided by all procedures and rules 193
259	259	promulgated by the Missouri state highway patrol and Federal 194
260	260	Bureau of Investigation regarding the Missouri and National 195
261	261	Rap Back programs; 196
262	262	(2) The individual upon whom the Rap Back notification 197
263	263	is being made has previously had a Missouri and national 198
264	264	criminal record review completed for the qualified entity 199
265	265	under this section [within the previous six years ]; and 200
266	266	(3) The individual upon whom the Rap Ba ck notification 201
267	267	is being made is a current employee, licensee, or otherwise 202
268	268	still actively under the purview of the qualified entity. 203
269	269	7. The Missouri state highway patrol shall make 204
270	270	available or approve the necessary forms, procedures, and 205
271	271	agreements necessary to implement the provisions of this 206
272	272	section. 207
273	273	43.540. 1. As used in this section, the following 1
274	274	terms mean: 2
275	275	(1) "Applicant", a person who: 3
276	276	(a) Is actively employed by or seeks employment with a 4
277	277	qualified entity; 5
278	278	(b) Is actively licensed or seeks licensure with a 6
279	279	qualified entity; 7
280	280	(c) Actively volunteers or seeks to volunteer with a 8
281	281	qualified entity; or 9
282	282	(d) Is actively contracted with or seeks to contract 10
283	283	with a qualified entity; 11
284	284	(2) "Missouri criminal record review", a review of 12
285	285	criminal history records and sex offender registration 13
286	286	records pursuant to sections 589.400 to 589.425 maintained 14 CCS SB 28 10
287	287	by the Missouri state highway patrol in the Missouri 15
288	288	criminal records repository; 16
289	289	(3) "Missouri Rap Back program", shall include any 17
290	290	type of automatic notification made by the Missouri state 18
291	291	highway patrol to a qualified entity indicating that an 19
292	292	applicant who is employed, licensed, or otherwise under the 20
293	293	purview of that entity has b een arrested for a reported 21
294	294	criminal offense in Missouri as required under section 22
295	295	43.506; 23
296	296	(4) "National criminal record review", a review of the 24
297	297	criminal history records maintained by the Federal Bureau of 25
298	298	Investigation; 26
299	299	(5) "National Rap Back program", shall include any 27
300	300	type of automatic notification made by the Federal Bureau of 28
301	301	Investigation through the Missouri state highway patrol to a 29
302	302	qualified entity indicating that an applicant who is 30
303	303	employed, licensed, or otherwise under the p urview of that 31
304	304	entity has been arrested for a reported criminal offense 32
305	305	outside the state of Missouri and the fingerprints for that 33
306	306	arrest were forwarded to the Federal Bureau of Investigation 34
307	307	by the arresting agency; 35
308	308	(6) "Qualified entity", an e ntity that is: 36
309	309	(a) An office or division of state, county, or 37
310	310	municipal government, including a political subdivision or a 38
311	311	board or commission designated by statute or approved local 39
312	312	ordinance, to issue or renew a license, permit, 40
313	313	certification, or registration of authority; 41
314	314	(b) An office or division of state, county, or 42
315	315	municipal government, including a political subdivision or a 43
316	316	board or commission designated by statute or approved local 44
317	317	ordinance, to make fitness determinations on appl ications 45
318	318	for state, county, or municipal government employment; or 46 CCS SB 28 11
319	319	(c) Any entity that is authorized to obtain criminal 47
320	320	history record information under 28 CFR 20.33. 48
321	321	2. The central repository shall have the authority to 49
322	322	submit applicant fin gerprints to the National Rap Back 50
323	323	program to be retained for the purpose of being searched 51
324	324	against future submissions to the National Rap Back program, 52
325	325	including latent fingerprint searches. Qualified entities 53
326	326	may conduct Missouri and national crimin al record reviews on 54
327	327	applicants and participate in Missouri and National Rap Back 55
328	328	programs for the purpose of determining suitability or 56
329	329	fitness for a permit, license, or employment, and shall 57
330	330	abide by the following requirements: 58
331	331	(1) The qualified entity shall register with the 59
332	332	Missouri state highway patrol prior to submitting a request 60
333	333	for screening under this section. As part of such 61
334	334	registration, the qualified entity shall indicate if it 62
335	335	chooses to enroll their applicants in the Missouri a nd 63
336	336	National Rap Back programs; 64
337	337	(2) Qualified entities shall notify applicants subject 65
338	338	to a criminal record review under this section that the 66
339	339	applicant's fingerprints shall be retained by the state 67
340	340	central repository and the Federal Bureau of Inv estigation 68
341	341	and shall be searched against other fingerprints on file, 69
342	342	including latent fingerprints; 70
343	343	(3) Qualified entities shall notify applicants subject 71
344	344	to enrollment in the National Rap Back program that the 72
345	345	applicant's fingerprints, while ret ained, may continue to be 73
346	346	compared against other fingerprints submitted or retained by 74
347	347	the Federal Bureau of Investigation, including latent 75
348	348	fingerprints; 76
349	349	(4) The criminal record review and Rap Back process 77
350	350	described in this section shall be volu ntary and conform to 78 CCS SB 28 12
351	351	the requirements established in Pub. L. 92 -544 and other 79
352	352	applicable state or federal law. As a part of the 80
353	353	registration, the qualified entity shall agree to comply 81
354	354	with state and federal law and shall indicate so by signing 82
355	355	an agreement approved by the Missouri state highway patrol. 83
356	356	The Missouri state highway patrol may periodically audit 84
357	357	qualified entities to ensure compliance with federal law and 85
358	358	this section; 86
359	359	(5) A qualified entity shall submit to the Missouri 87
360	360	state highway patrol a request for screening on applicants 88
361	361	covered under this section using a completed fingerprint 89
362	362	card; 90
363	363	(6) Each request shall be accompanied by a reasonable 91
364	364	fee, as provided in section 43.530, plus the amount 92
365	365	required, if any, by the Federal Bureau of Investigation for 93
366	366	the national criminal record review and enrollment in the 94
367	367	National Rap Back program in compliance with applicable 95
368	368	state or federal laws; 96
369	369	(7) The Missouri state highway patrol shall provide, 97
370	370	directly to the qualified entity, the applicant's state 98
371	371	criminal history records that are not exempt from disclosure 99
372	372	under chapter 610 or are otherwise confidential under law; 100
373	373	(8) The national criminal history data shall be 101
374	374	available to qualified entities to use onl y for the purpose 102
375	375	of screening applicants as described under this section. 103
376	376	The Missouri state highway patrol shall provide the 104
377	377	applicant's national criminal history record information 105
378	378	directly to the qualified entity; 106
379	379	(9) This section shall not require the Missouri state 107
380	380	highway patrol to make an eligibility determination on 108
381	381	behalf of any qualified entity; 109 CCS SB 28 13
382	382	(10) The qualified entity shall notify the applicant, 110
383	383	in writing, of his or her right to obtain a copy of any 111
384	384	criminal record review , including the criminal history 112
385	385	records, if any, contained in the report, and of the 113
386	386	applicant's right to challenge the accuracy and completeness 114
387	387	of any information contained in any such report and to 115
388	388	obtain a determination as to the validity of such challenge 116
389	389	before a final determination regarding the applicant is made 117
390	390	by the qualified entity reviewing the criminal history 118
391	391	information. A qualified entity that is required by law to 119
392	392	apply screening criteria, including any right to contest or 120
393	393	request an exemption from disqualification, shall apply such 121
394	394	screening criteria to the state and national criminal 122
395	395	history record information received from the Missouri state 123
396	396	highway patrol for those applicants subject to the required 124
397	397	screening; and 125
398	398	(11) Failure to obtain the information authorized 126
399	399	under this section with respect to an applicant shall not be 127
400	400	used as evidence in any negligence action against a 128
401	401	qualified entity. The state, any political subdivision of 129
402	402	the state, or any agency, offic er, or employee of the state 130
403	403	or a political subdivision shall not be liable for damages 131
404	404	for providing the information requested under this section. 132
405	405	3. The criminal record review shall include the 133
406	406	submission of fingerprints to the Missouri state hi ghway 134
407	407	patrol, who shall conduct a Missouri criminal record review, 135
408	408	including closed record information under section 610.120. 136
409	409	The Missouri state highway patrol shall also forward a copy 137
410	410	of the applicant's fingerprints to the Federal Bureau of 138
411	411	Investigation for a national criminal record review. 139 CCS SB 28 14
412	412	4. The applicant subject to a criminal record review 140
413	413	shall provide the following information to the qualified 141
414	414	entity: 142
415	415	(1) Consent to obtain the applicant's fingerprints, 143
416	416	conduct the criminal reco rd review, and participate in the 144
417	417	Missouri and National Rap Back programs; 145
418	418	(2) Consent to obtain the identifying information 146
419	419	required to conduct the criminal record review, which may 147
420	420	include, but not be limited to: 148
421	421	(a) Name; 149
422	422	(b) Date of birth; 150
423	423	(c) Height; 151
424	424	(d) Weight; 152
425	425	(e) Eye color; 153
426	426	(f) Hair color; 154
427	427	(g) Gender; 155
428	428	(h) Race; 156
429	429	(i) Place of birth; 157
430	430	(j) Social Security number; and 158
431	431	(k) The applicant's photo. 159
432	432	5. Any information received by an authorized state 160
433	433	agency or a qualified entity pursuant to the provisions of 161
434	434	this section shall be used solely for internal purposes in 162
435	435	determining the suitability of an applicant. The 163
436	436	dissemination of criminal history information from the 164
437	437	Federal Bureau of Investigation beyond the authorized state 165
438	438	agency or related governmental entity is prohibited. All 166
439	439	criminal record check information shall be confidential and 167
440	440	any person who discloses the information beyond the scope 168
441	441	allowed is guilty of a c lass A misdemeanor. 169
442	442	6. A qualified entity enrolled in either the Missouri 170
443	443	or National Rap Back programs shall be notified by the 171 CCS SB 28 15
444	444	Missouri state highway patrol that a new arrest has been 172
445	445	reported on an applicant who is employed, licensed, or 173
446	446	otherwise under the purview of the qualified entity. Upon 174
447	447	receiving the Rap Back notification, if the qualified entity 175
448	448	deems that the applicant is still serving in an active 176
449	449	capacity, the entity may request and receive the 177
450	450	individual's updated criminal his tory record. This process 178
451	451	shall only occur if: 179
452	452	(1) The agency has abided by all procedures and rules 180
453	453	promulgated by the Missouri state highway patrol and Federal 181
454	454	Bureau of Investigation regarding the Missouri and National 182
455	455	Rap Back programs; 183
456	456	(2) The individual upon whom the Rap Back notification 184
457	457	is being made has previously had a Missouri and national 185
458	458	criminal record review completed for the qualified entity 186
459	459	under this section [within the previous six years ]; and 187
460	460	(3) The individual upon whom the Rap Back notification 188
461	461	is being made is a current employee, licensee, or otherwise 189
462	462	still actively under the purview of the qualified entity. 190
463	463	7. The highway patrol shall make available or approve 191
464	464	the necessary forms, procedures, and ag reements necessary to 192
465	465	implement the provisions of this section. 193
466	466	105.1500. 1. This section shall be known and may be 1
467	467	cited as "The Personal Privacy Protection Act". 2
468	468	2. As used in this section, the following terms mean: 3
469	469	(1) "Personal information", any list, record, 4
470	470	register, registry, roll, roster, or other compilation of 5
471	471	data of any kind that directly or indirectly identifies a 6
472	472	person as a member, supporter, or volunteer of, or donor of 7
473	473	financial or nonfinancial support to, any entity exempt from 8
474	474	federal income [tax] taxation under Section 501(c) of the 9
475	475	Internal Revenue Code of 1986, as amended; 10 CCS SB 28 16
476	476	(2) "Public agency", the state and any political 11
477	477	subdivision thereof including, but not limited to, any 12
478	478	department, agency, office, commission, board, division, or 13
479	479	other entity of state government; any county, city, 14
480	480	township, village, school district, community college 15
481	481	district; or any other local governmental unit, agency, 16
482	482	authority, council, board, commission, stat e or local court, 17
483	483	tribunal or other judicial or quasi -judicial body. 18
484	484	3. (1) Notwithstanding any provision of law to the 19
485	485	contrary, but subject to the exceptions listed under 20
486	486	[subsection] subsections 4 and 6 of this section, a public 21
487	487	agency shall not: 22
488	488	(a) Require any individual to provide the public 23
489	489	agency with personal information or otherwise compel the 24
490	490	release of personal information; 25
491	491	(b) Require any entity exempt from federal income 26
492	492	taxation under Section 501(c) of the Internal R evenue Code 27
493	493	of 1986, as amended, to provide the public agency with 28
494	494	personal information or otherwise compel the release of 29
495	495	personal information; 30
496	496	(c) Release, publicize, or otherwise publicly disclose 31
497	497	personal information in possession of a public agency 32
498	498	without the express, written permission of every individual 33
499	499	who is identifiable as a financial supporter of an entity 34
500	500	exempt from federal income taxation under Section 501(c) of 35
501	501	the Internal Revenue Code of 1986, as amended ; or 36
502	502	(d) Request or require a current or prospective 37
503	503	contractor or grantee with the public agency to provide the 38
504	504	public agency with a list of entities exempt from federal 39
505	505	income taxation under Section 501(c) of the Internal Revenue 40
506	506	Code of 1986, as amended, to which it has provided financial 41
507	507	or nonfinancial support. 42 CCS SB 28 17
508	508	(2) All personal information in the possession of a 43
509	509	public agency shall be considered a closed record under 44
510	510	chapter 610 and court operating rules. 45
511	511	4. The provisions of this section shall not preclude 46
512	512	any individual or entity from being required to comply with 47
513	513	any of the following: 48
514	514	(1) Submitting any report or disclosure required by 49
515	515	this chapter or chapter 130; 50
516	516	(2) Responding to any lawful request or subpoena for 51
517	517	personal information from the Missouri ethics commission as 52
518	518	a part of an investigation, or publicly disclosing personal 53
519	519	information as a result of an enforcement action from the 54
520	520	Missouri ethics commission pursuant to its authority in 55
521	521	sections 105.955 to 105.966; 56
522	522	(3) Responding to any lawful warrant for personal 57
523	523	information issued by a court of competent jurisdiction; 58
524	524	(4) Responding to any lawful request for discovery of 59
525	525	personal information in litigation if: 60
526	526	(a) The requestor demonstrates a compell ing need for 61
527	527	the personal information by clear and convincing evidence; 62
528	528	and 63
529	529	(b) The requestor obtains a protective order barring 64
530	530	disclosure of personal information to any person not named 65
531	531	in the litigation; 66
532	532	(5) Applicable court rules or admi tting any personal 67
533	533	information as relevant evidence before a court of competent 68
534	534	jurisdiction. However, a submission of personal information 69
535	535	to a court shall be made in a manner that it is not publicly 70
536	536	revealed and no court shall publicly reveal person al 71
537	537	information absent a specific finding of good cause; or 72
538	538	(6) Any report or disclosure required by state law to 73
539	539	be filed with the secretary of state, provided that personal 74 CCS SB 28 18
540	540	information obtained by the secretary of state is otherwise 75
541	541	subject to the requirements of paragraph (c) of subdivision 76
542	542	(1) of subsection 3 of this section, unless expressly 77
543	543	required to be made public by state law. 78
544	544	5. (1) A person or entity alleging a violation of 79
545	545	this section may bring a civil action for appropriate 80
546	546	injunctive relief, damages, or both. Damages awarded under 81
547	547	this section may include one of the following, as 82
548	548	appropriate: 83
549	549	(a) A sum of moneys not less than two thousand five 84
550	550	hundred dollars to compensate for injury or loss caused by 85
551	551	each violation of this section; or 86
552	552	(b) For an intentional violation of this section, a 87
553	553	sum of moneys not to exceed three times the sum described in 88
554	554	paragraph (a) of this subdivision. 89
555	555	(2) A court, in rendering a judgment in an action 90
556	556	brought under this section, may award all or a portion of 91
557	557	the costs of litigation, including reasonable attorney's 92
558	558	fees and witness fees, to the complainant in the action if 93
559	559	the court determines that the award is appropriate. 94
560	560	(3) A person who knowingly violates thi s section is 95
561	561	guilty of a class B misdemeanor. 96
562	562	6. This section shall not apply to: 97
563	563	(1) Personal information that a person or entity 98
564	564	exempt from federal income taxation under Section 501(c) of 99
565	565	the Internal Revenue Code of 1986, as amended, sub mits or 100
566	566	has previously submitted to a public agency for the purpose 101
567	567	of seeking or obtaining, including acting on behalf of 102
568	568	another to seek or obtain, a contract, grant, permit, 103
569	569	license, benefit, tax credit, incentive, status, or any 104
570	570	other similar item, including a renewal of the same, 105
571	571	provided that a public agency shall not require an entity 106 CCS SB 28 19
572	572	exempt from federal income taxation under Section 501(c) of 107
573	573	the Internal Revenue Code of 1986, as amended, to provide 108
574	574	information that directly identifies dono rs of financial 109
575	575	support, but such information may be voluntarily provided to 110
576	576	a public agency by the 501(c) entity. If a financial donor 111
577	577	is seeking a benefit, tax credit, incentive, or any other 112
578	578	similar item from a public agency based upon a donation, 113
579	579	confirmation of specific donations by an entity exempt from 114
580	580	federal income taxation under Section 501(c) of the Internal 115
581	581	Revenue Code of 1986, as amended, shall be considered 116
582	582	personal information voluntarily provided to the public 117
583	583	agency by the 501(c) entity; 118
584	584	(2) A disclosure of personal information among law 119
585	585	enforcement agencies or public agency investigators pursuant 120
586	586	to an active investigation; 121
587	587	(3) A disclosure of personal information voluntarily 122
588	588	made as part of public comment, public testimony, pleading, 123
589	589	or in a public meeting, or voluntarily provided to a public 124
590	590	agency, for the purpose of public outreach, marketing, or 125
591	591	education to show appreciation for or in partnership with an 126
592	592	entity or the representatives of an entity exempt fr om 127
593	593	federal income taxation under Section 501(c) of the Internal 128
594	594	Revenue Code of 1986, as amended, provided that no public 129
595	595	agency shall disclose information that directly identifies 130
596	596	an individual as a donor of financial support to a 501(c) 131
597	597	entity without the express, written permission of the 132
598	598	individual to which the personal information relates; 133
599	599	(4) A disclosure of personal information to a labor 134
600	600	union or employee association regarding employees in a 135
601	601	bargaining unit represented by the union or association; or 136 CCS SB 28 20
602	602	(5) The collection or publishing of information 137
603	603	contained in a financial interest statement, as provided by 138
604	604	law. 139
605	605	193.265. 1. For the issuance of a certification or 1
606	606	copy of a death record, the applicant shall pa y a fee of 2
607	607	fourteen dollars for the first certification or copy and a 3
608	608	fee of eleven dollars for each additional copy ordered at 4
609	609	that time. For the issuance of a certification or copy of a 5
610	610	birth, marriage, divorce, or fetal death record, the 6
611	611	applicant shall pay a fee of fifteen dollars. No fee shall 7
612	612	be required or collected for a certification of birth, 8
613	613	death, or marriage if the request for certification is made 9
614	614	by the children's division, the division of youth services, 10
615	615	a guardian ad litem, or a juvenile officer on behalf of a 11
616	616	child or person under twenty -one years of age who has come 12
617	617	under the jurisdiction of the juvenile court under section 13
618	618	211.031. All fees collected under this subsection shall be 14
619	619	deposited to the state department of reven ue. Beginning 15
620	620	August 28, 2004, for each vital records fee collected, the 16
621	621	director of revenue shall credit four dollars to the general 17
622	622	revenue fund, five dollars to the children's trust fund, one 18
623	623	dollar shall be credited to the endowed care cemetery au dit 19
624	624	fund, one dollar for each certification or copy of death 20
625	625	records to the Missouri state coroners' training fund 21
626	626	established in section 58.208, and three dollars for the 22
627	627	first copy of death records and five dollars for birth, 23
628	628	marriage, divorce, and fetal death records shall be credited 24
629	629	to the Missouri public health services fund established in 25
630	630	section 192.900. Money in the endowed care cemetery audit 26
631	631	fund shall be available by appropriation to the division of 27
632	632	professional registration to pay its expenses in 28
633	633	administering sections 214.270 to 214.410. All interest 29 CCS SB 28 21
634	634	earned on money deposited in the endowed care cemetery audit 30
635	635	fund shall be credited to the endowed care cemetery fund. 31
636	636	Notwithstanding the provisions of section 33.080 to the 32
637	637	contrary, money placed in the endowed care cemetery audit 33
638	638	fund shall not be transferred and placed to the credit of 34
639	639	general revenue until the amount in the fund at the end of 35
640	640	the biennium exceeds three times the amount of the 36
641	641	appropriation from the endowed care cemetery audit fund for 37
642	642	the preceding fiscal year. The money deposited in the 38
643	643	public health services fund under this section shall be 39
644	644	deposited in a separate account in the fund, and moneys in 40
645	645	such account, upon appropriation, shall be used to au tomate 41
646	646	and improve the state vital records system, and develop and 42
647	647	maintain an electronic birth and death registration system. 43
648	648	For any search of the files and records, when no record is 44
649	649	found, the state shall be entitled to a fee equal to the 45
650	650	amount for a certification of a vital record for a five -year 46
651	651	search to be paid by the applicant. For the processing of 47
652	652	each legitimation, adoption, court order or recording after 48
653	653	the registrant's twelfth birthday, the state shall be 49
654	654	entitled to a fee equal t o the amount for a certification of 50
655	655	a vital record. Except whenever a certified copy or copies 51
656	656	of a vital record is required to perfect any claim of any 52
657	657	person on relief, or any dependent of any person who was on 53
658	658	relief for any claim upon the governme nt of the state or 54
659	659	United States, the state registrar shall, upon request, 55
660	660	furnish a certified copy or so many certified copies as are 56
661	661	necessary, without any fee or compensation therefor. 57
662	662	2. For the issuance of a certification of a death 58
663	663	record by the local registrar, the applicant shall pay a fee 59
664	664	of fourteen dollars for the first certification or copy and 60
665	665	a fee of eleven dollars for each additional copy ordered at 61 CCS SB 28 22
666	666	that time. For each fee collected under this subsection, 62
667	667	one dollar shall be d eposited to the state department of 63
668	668	revenue and the remainder shall be deposited to the official 64
669	669	city or county health agency. The director of revenue shall 65
670	670	credit all fees deposited to the state department of revenue 66
671	671	under this subsection to the Miss ouri state coroners' 67
672	672	training fund established in section 58.208. 68
673	673	3. For the issuance of a certification or copy of a 69
674	674	birth, marriage, divorce, or fetal death record, the 70
675	675	applicant shall pay a fee of fifteen dollars; except that, 71
676	676	in any county with a charter form of government and with 72
677	677	more than six hundred thousand but fewer than seven hundred 73
678	678	thousand inhabitants, a donation of one dollar may be 74
679	679	collected by the local registrar over and above any fees 75
680	680	required by law when a certification or copy of any marriage 76
681	681	license or birth certificate is provided, with such 77
682	682	donations collected to be forwarded monthly by the local 78
683	683	registrar to the county treasurer of such county and the 79
684	684	donations so forwarded to be deposited by the county 80
685	685	treasurer into the housing resource commission fund to 81
686	686	assist homeless families and provide financial assistance to 82
687	687	organizations addressing homelessness in such county. The 83
688	688	local registrar shall include a check -off box on the 84
689	689	application form for such copies. All fees collected under 85
690	690	this subsection, other than the donations collected in any 86
691	691	county with a charter form of government and with more than 87
692	692	six hundred thousand but fewer than seven hundred thousand 88
693	693	inhabitants for marriage licenses and birth certi ficates, 89
694	694	shall be deposited to the official city or county health 90
695	695	agency. 91
696	696	4. A certified copy of a death record by the local 92
697	697	registrar can only be issued within twenty -four hours of 93 CCS SB 28 23
698	698	receipt of the record by the local registrar. Computer- 94
699	699	generated certifications of death records may be issued by 95
700	700	the local registrar after twenty -four hours of receipt of 96
701	701	the records. The fees paid to the official county health 97
702	702	agency shall be retained by the local agency for local 98
703	703	public health purposes. 99
704	704	5. No fee under this section shall be required or 100
705	705	collected from a parent or guardian of a homeless child or 101
706	706	homeless youth, as defined in subsection 1 of section 102
707	707	167.020, or an unaccompanied youth, as defined in 42 U.S.C. 103
708	708	Section 11434a(6), for the i ssuance of a certification, or 104
709	709	copy of such certification, of birth of such child or 105
710	710	youth. An unaccompanied youth shall be eligible to receive 106
711	711	a certification or copy of his or her own birth record 107
712	712	without the consent or signature of his or her paren t or 108
713	713	guardian; provided, that only one certificate under this 109
714	714	provision shall be provided without cost to the 110
715	715	unaccompanied or homeless youth. For the issuance of any 111
716	716	additional certificates, the statutory fee shall be paid. 112
717	717	6. (1) Notwithstanding any provision of law to the 113
718	718	contrary, no fee shall be required or collected for a 114
719	719	certification of birth if the request is made by a victim of 115
720	720	domestic violence or abuse, as those terms are defined in 116
721	721	section 455.010, and the victim provides docume ntation 117
722	722	signed by an employee, agent, or volunteer of a victim 118
723	723	service provider, an attorney, or a health care or mental 119
724	724	health professional, from whom the victim has sought 120
725	725	assistance relating to the domestic violence or abuse. Such 121
726	726	documentation shall state that, under penalty of perjury, 122
727	727	the employee, agent, or volunteer of a victim service 123
728	728	provider, the attorney, or the health care or mental health 124 CCS SB 28 24
729	729	professional believes the victim has been involved in an 125
730	730	incident of domestic violence or abuse. 126
731	731	(2) A victim may be eligible only one time for a fee 127
732	732	waiver under this subsection. 128
733	733	195.817. 1. The department of health and senior 1
734	734	services shall require all employees, contractors, owners, 2
735	735	and volunteers of marijuana facilit ies to submit 3
736	736	fingerprints to the Missouri state highway patrol for the 4
737	737	purpose of conducting a state and federal fingerprint -based 5
738	738	criminal background check. 6
739	739	2. The department may require that such fingerprint 7
740	740	submissions be made as part of a ma rijuana facility 8
741	741	application, a marijuana facility renewal application, and 9
742	742	an individual's application for a license or permit 10
743	743	authorizing that individual to be an employee, contractor, 11
744	744	owner, or volunteer of a marijuana facility. 12
745	745	3. Fingerprint cards and any required fees shall be 13
746	746	sent to the Missouri state highway patrol's central 14
747	747	repository. The fingerprints shall be used for searching 15
748	748	the state criminal records repository and shall also be 16
749	749	forwarded to the Federal Bureau of Investigation for a 17
750	750	federal criminal records search under section 43.540. The 18
751	751	Missouri state highway patrol shall notify the department of 19
752	752	any criminal history record information or lack of criminal 20
753	753	history record information discovered on the individual. 21
754	754	Notwithstanding the provisions of section 610.120 to the 22
755	755	contrary, all records related to any criminal history 23
756	756	information discovered shall be accessible and available to 24
757	757	the department. 25
758	758	4. As used in this section, the following terms shall 26
759	759	mean: 27 CCS SB 28 25
760	760	(1) "Contractor", a person performing work or service 28
761	761	of any kind for a marijuana facility for more than fourteen 29
762	762	days in a calendar year in accordance with a contract with 30
763	763	that facility; 31
764	764	(2) "Marijuana facility", an entity licensed or 32
765	765	certified by the department of health and senior services to 33
766	766	cultivate, manufacture, test, transport, dispense, or 34
767	767	conduct research on marijuana or marijuana products; 35
768	768	(3) "Owner", an individual who has a financial 36
769	769	interest or voting interest in ten percen t or greater of a 37
770	770	marijuana facility. 38
771	771	210.1360. 1. Any personally identifiable information 1
772	772	regarding any child under eighteen years of age receiving 2
773	773	child care from any provider or applying for or receiving 3
774	774	any services through a s tate program shall not be subject to 4
775	775	disclosure except as otherwise provided by law. 5
776	776	2. This section shall not prohibit any state agency 6
777	777	from disclosing personally identifiable information to 7
778	778	governmental entities or its agents, vendors, grantees, and 8
779	779	contractors in connection to matters relating to its 9
780	780	official duties. The provisions of this section shall not 10
781	781	apply to any state, county, or municipal law enforcement 11
782	782	agency acting in its official capacity. 12
783	783	3. This section shall not preven t a parent or legal 13
784	784	guardian from accessing the parent's or legal guardian's 14
785	785	child's records. 15
786	786	610.021. Except to the extent disclosure is otherwise 1
787	787	required by law, a public governmental body is authorized to 2
788	788	close meetings, records and votes, to the extent they relate 3
789	789	to the following: 4
790	790	(1) Legal actions, causes of action or litigation 5
791	791	involving a public governmental body and any confidential or 6 CCS SB 28 26
792	792	privileged communications between a public governmental body 7
793	793	or its representatives and its attorneys. However, any 8
794	794	minutes, vote or settlement agreement relating to legal 9
795	795	actions, causes of action or litigation involving a public 10
796	796	governmental body or any agent or entity representing its 11
797	797	interests or acting on its behalf or with its authority, 12
798	798	including any insurance company acting on behalf of a public 13
799	799	government body as its insured, shall be made public upon 14
800	800	final disposition of the matter voted upon or upon the 15
801	801	signing by the parties of the settlement agreement, unless, 16
802	802	prior to final disposition, the settlement agreement is 17
803	803	ordered closed by a court after a written finding that the 18
804	804	adverse impact to a plaintiff or plaintiffs to the action 19
805	805	clearly outweighs the public policy considerations of 20
806	806	section 610.011, however, the amount of any moneys paid by, 21
807	807	or on behalf of, the public governmental body shall be 22
808	808	disclosed; provided, however, in matters involving the 23
809	809	exercise of the power of eminent domain, the vote shall be 24
810	810	announced or become public immediately following the action 25
811	811	on the motion to authorize institution of such a legal 26
812	812	action. Legal work product shall be considered a closed 27
813	813	record; 28
814	814	(2) Leasing, purchase or sale of real estate by a 29
815	815	public governmental body where public knowledge of the 30
816	816	transaction might adversely affect the legal consideration 31
817	817	therefor. However, any minutes, vote or public record 32
818	818	approving a contract relating to the leasing, purchase or 33
819	819	sale of real estate by a public governmental body shall be 34
820	820	made public upon execution of t he lease, purchase or sale of 35
821	821	the real estate; 36
822	822	(3) Hiring, firing, disciplining or promoting of 37
823	823	particular employees by a public governmental body when 38 CCS SB 28 27
824	824	personal information about the employee is discussed or 39
825	825	recorded. However, any vote on a fina l decision, when taken 40
826	826	by a public governmental body, to hire, fire, promote or 41
827	827	discipline an employee of a public governmental body shall 42
828	828	be made available with a record of how each member voted to 43
829	829	the public within seventy -two hours of the close of t he 44
830	830	meeting where such action occurs; provided, however, that 45
831	831	any employee so affected shall be entitled to prompt notice 46
832	832	of such decision during the seventy -two-hour period before 47
833	833	such decision is made available to the public. As used in 48
834	834	this subdivision, the term "personal information" means 49
835	835	information relating to the performance or merit of 50
836	836	individual employees; 51
837	837	(4) The state militia or national guard or any part 52
838	838	thereof; 53
839	839	(5) Nonjudicial mental or physical health proceedings 54
840	840	involving identifiable persons, including medical, 55
841	841	psychiatric, psychological, or alcoholism or drug dependency 56
842	842	diagnosis or treatment; 57
843	843	(6) Scholastic probation, expulsion, or graduation of 58
844	844	identifiable individuals, including records of individual 59
845	845	test or examination scores; however, personally identifiable 60
846	846	student records maintained by public educational 61
847	847	institutions shall be open for inspection by the parents, 62
848	848	guardian or other custodian of students under the age of 63
849	849	eighteen years and by the parent s, guardian or other 64
850	850	custodian and the student if the student is over the age of 65
851	851	eighteen years; 66
852	852	(7) Testing and examination materials, before the test 67
853	853	or examination is given or, if it is to be given again, 68
854	854	before so given again; 69
855	855	(8) Welfare cases of identifiable individuals; 70 CCS SB 28 28
856	856	(9) Preparation, including any discussions or work 71
857	857	product, on behalf of a public governmental body or its 72
858	858	representatives for negotiations with employee groups; 73
859	859	(10) Software codes for electronic data pr ocessing and 74
860	860	documentation thereof; 75
861	861	(11) Specifications for competitive bidding, until 76
862	862	either the specifications are officially approved by the 77
863	863	public governmental body or the specifications are published 78
864	864	for bid; 79
865	865	(12) Sealed bids and relat ed documents, until the bids 80
866	866	are opened; and sealed proposals and related documents or 81
867	867	any documents related to a negotiated contract until a 82
868	868	contract is executed, or all proposals are rejected; 83
869	869	(13) Individually identifiable personnel records, 84
870	870	performance ratings or records pertaining to employees or 85
871	871	applicants for employment, except that this exemption shall 86
872	872	not apply to the names, positions, salaries and lengths of 87
873	873	service of officers and employees of public agencies once 88
874	874	they are employed as such, and the names of private sources 89
875	875	donating or contributing money to the salary of a chancellor 90
876	876	or president at all public colleges and universities in the 91
877	877	state of Missouri and the amount of money contributed by the 92
878	878	source; 93
879	879	(14) Records which are protected from disclosure by 94
880	880	law; 95
881	881	(15) Meetings and public records relating to 96
882	882	scientific and technological innovations in which the owner 97
883	883	has a proprietary interest; 98
884	884	(16) Records relating to municipal hotlines 99
885	885	established for the reporting of abuse and wrongdoing; 100
886	886	(17) Confidential or privileged communications between 101
887	887	a public governmental body and its auditor, including all 102 CCS SB 28 29
888	888	auditor work product; however, all final audit reports 103
889	889	issued by the auditor are to be considered o pen records 104
890	890	pursuant to this chapter; 105
891	891	(18) (a) Security measures, global positioning system 106
892	892	(GPS) data, investigative information, or investigative or 107
893	893	surveillance techniques of any public agency responsible for 108
894	894	law enforcement or public safety that, if disclosed, has the 109
895	895	potential to endanger the health or safety of an individual 110
896	896	or the public. 111
897	897	(b) Any information or data provided to a tip line for 112
898	898	the purpose of safety or security at an educational 113
899	899	institution that, if disclosed, has the potential to 114
900	900	endanger the health or safety of an individual or the public. 115
901	901	(c) Any information contained in any suspicious 116
902	902	activity report provided to law enforcement that, if 117
903	903	disclosed, has the potential to endanger the health or 118
904	904	safety of an individual or the public. 119
905	905	(d) Operational guidelines, policies and specific 120
906	906	response plans developed, adopted, or maintained by any 121
907	907	public agency responsible for law enforcement, public 122
908	908	safety, first response, or public health for use in 123
909	909	responding to or preventing any critical incident [which is 124
910	910	or appears to be terrorist in nature and ] which has the 125
911	911	potential to endanger individual or public safety or 126
912	912	health. Financial records related to the procurement of or 127
913	913	expenditures relating to oper ational guidelines, policies or 128
914	914	plans purchased with public funds shall be open. When 129
915	915	seeking to close information pursuant to this exception, the 130
916	916	public governmental body shall affirmatively state in 131
917	917	writing that disclosure would impair the public go vernmental 132
918	918	body's ability to protect the security or safety of persons 133
919	919	or real property, and shall in the same writing state that 134 CCS SB 28 30
920	920	the public interest in nondisclosure outweighs the public 135
921	921	interest in disclosure of the records; 136
922	922	(19) Existing or proposed security systems and 137
923	923	structural plans of real property owned or leased by a 138
924	924	public governmental body, and information that is 139
925	925	voluntarily submitted by a nonpublic entity owning or 140
926	926	operating an infrastructure to any public governmental body 141
927	927	for use by that body to devise plans for protection of that 142
928	928	infrastructure, the public disclosure of which would 143
929	929	threaten public safety: 144
930	930	(a) Records related to the procurement of or 145
931	931	expenditures relating to security systems purchased with 146
932	932	public funds shall be open; 147
933	933	(b) When seeking to close information pursuant to this 148
934	934	exception, the public governmental body shall affirmatively 149
935	935	state in writing that disclosure would impair the public 150
936	936	governmental body's ability to protect the security or 151
937	937	safety of persons or real property, and shall in the same 152
938	938	writing state that the public interest in nondisclosure 153
939	939	outweighs the public interest in disclosure of the records; 154
940	940	(c) Records that are voluntarily submitted by a 155
941	941	nonpublic entity shall be r eviewed by the receiving agency 156
942	942	within ninety days of submission to determine if retention 157
943	943	of the document is necessary in furtherance of a state 158
944	944	security interest. If retention is not necessary, the 159
945	945	documents shall be returned to the nonpublic govern mental 160
946	946	body or destroyed; 161
947	947	(20) The portion of a record that identifies security 162
948	948	systems or access codes or authorization codes for security 163
949	949	systems of real property; 164
950	950	(21) Records that identify the configuration of 165
951	951	components or the operatio n of a computer, computer system, 166 CCS SB 28 31
952	952	computer network, or telecommunications network, and would 167
953	953	allow unauthorized access to or unlawful disruption of a 168
954	954	computer, computer system, computer network, or 169
955	955	telecommunications network of a public governmental bo dy. 170
956	956	This exception shall not be used to limit or deny access to 171
957	957	otherwise public records in a file, document, data file or 172
958	958	database containing public records. Records related to the 173
959	959	procurement of or expenditures relating to such computer, 174
960	960	computer system, computer network, or telecommunications 175
961	961	network, including the amount of moneys paid by, or on 176
962	962	behalf of, a public governmental body for such computer, 177
963	963	computer system, computer network, or telecommunications 178
964	964	network shall be open; 179
965	965	(22) Credit card numbers, personal identification 180
966	966	numbers, digital certificates, physical and virtual keys, 181
967	967	access codes or authorization codes that are used to protect 182
968	968	the security of electronic transactions between a public 183
969	969	governmental body and a person o r entity doing business with 184
970	970	a public governmental body. Nothing in this section shall 185
971	971	be deemed to close the record of a person or entity using a 186
972	972	credit card held in the name of a public governmental body 187
973	973	or any record of a transaction made by a pers on using a 188
974	974	credit card or other method of payment for which 189
975	975	reimbursement is made by a public governmental body; 190
976	976	(23) Records submitted by an individual, corporation, 191
977	977	or other business entity to a public institution of higher 192
978	978	education in connect ion with a proposal to license 193
979	979	intellectual property or perform sponsored research and 194
980	980	which contains sales projections or other business plan 195
981	981	information the disclosure of which may endanger the 196
982	982	competitiveness of a business; 197 CCS SB 28 32
983	983	(24) Records relating to foster home or kinship 198
984	984	placements of children in foster care under section 210.498; 199
985	985	and 200
986	986	(25) Individually identifiable customer usage and 201
987	987	billing records for customers of a municipally owned 202
988	988	utility, unless the records are requested by the customer or 203
989	989	authorized for release by the customer, except that a 204
990	990	municipally owned utility shall make available to the public 205
991	991	the customer's name, billing address, location of service, 206
992	992	and dates of service provided for any commercial service 207
993	993	account. 208
994	994	Section B. Because immediate action is necessary to 1
995	995	protect the ability of nonprofit entities to interact with 2
996	996	public agencies and restore transparency to governmental 3
997	997	contracts, grant programs, and other similar items, the 4
998	998	repeal and reenactment of section 105.1500 of section A of 5
999	999	this act is deemed necessary for the immediate preservation 6
1000	1000	of the public health, welfare, peace, and safety, and is 7
1001	1001	hereby declared to be an emergency act within the meaning of 8
1002	1002	the constitution, and the repeal and reenactment of section 9
1003	1003	105.1500 of section A of this act shall be in full force and 10
1004	1004	effect upon its passage and approval. 11
1005	1005	