The following bills were Truly Agreed To and Finally Passed by the 2023 Missouri General Assembly:
SENATE BILL 20 (Sen. Mike Bernskoetter, R-Jefferson City) – RETIREMENT SYSTEMS
PUBLIC HIGHER EDUCATION CLOSED RECORDS
An amendment to this bill provides that meetings, records, and votes may be closed to the extent that they relate to information submitted to a public institution of higher education regarding investments in or financial transactions with business entities for investment purposes.
SENATE BILL 28 (Sen. Justin Brown, R-Rolla) – ACCESS TO CERTAIN RECORDS
RECORDS OF THE HIGHWAY PATROL
This bill provides that a minimum fee of $6 may be charged by the State Highway Patrol for any records request for a Missouri vehicle crash report or boating accident investigative report. The fee may be increased by no more than $1 every other year starting Aug. 28, 2024, and the minimum fee must not exceed $10.
The bill includes an amendment adding these new exemptions to the Sunshine Law: “(18) (a) Security measures, global positioning system (GPS) data, investigative information, or investigative or surveillance techniques of any public agency responsible for law enforcement or public safety that, if disclosed, has the potential to endanger the health or safety of an individual or the public. (b) Any information or data provided to a tip line for the purpose of safety or security at an educational institution that, if disclosed, has the potential to endanger the health or safety of an individual or the public. (c) Any information contained in any suspicious activity report provided to law enforcement that, if disclosed, has the potential to endanger the health or safety of an individual or the public.”
PERSONAL PRIVACY PROTECTION
This bill amends the “Personal Privacy Protection Act” to prohibit a public agency from releasing, publicizing, or otherwise publicly disclosing personal information in possession of the agency without the express, written permission of every individual who is identifiable as a financial supporter of a nonprofit organization. The bill also provides some exceptions to the prohibition, including: personal information that a person or non-profit entity submits or has previously submitted to a public agency for the purpose of seeking or obtaining a contract, grant, permit, license, benefit, tax credit, incentive, status or any other similar item; 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 a non-profit entity; a disclosure of personal information to a labor union or employee association regarding employees in a bargaining unit represented by the union or association; or the collection or publishing of information contained in financial interest statement.
SENATE BILL 75 (Sen. Rusty Black, R-Chillicothe) – RETIREMENT SYSTEMS
CONFIDENTIALITY OF INVESTMENT INFORMATION SUBMITTED TO PUBLIC HIGHER EDUCATION INSTITUTIONS
This act provides that meetings, records, and votes may be closed to the extent that they relate to information submitted to a public institution of higher education regarding investments in or financial transactions with business entities for investment purposes.
SENATE BILL 103 (Sen. Sandy Crawford, R-Buffalo) – JUDICIAL PROCEEDINGS
JUDICIAL PRIVACY ACT
This act establishes the “Judicial Privacy Act,” which regulates the use of a judicial officer’s personal information. Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer’s personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act. A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial officer to his or her clerk of the court, for transmittal to the government agency, person, business, or association.
EXCLUSION OF PERSONAL INFORMATION IN COURT DOCUMENTS (SECTION 509.520)
Currently, Social Security numbers of parties or children subject to an order of custody or support and credit and financial information of any parties are to be excluded from pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court. This act provides that beginning August 28, 2023, the following information shall be excluded from pleadings, attachments, exhibits, judgments, orders, or other records of the court, but shall be included in a confidential information sheet filed with the court, which shall not be subject to public inspection or availability:
(1) Social security numbers of any party or children;
(2) Credit card numbers, financial institution account numbers, personal identification numbers, or passwords used to secure an account of any party;
(3) Motor vehicle operator license number;
(4) Victim’s information, including name, address, and other contact information;
(5) Witness’s information, including name, address, and other contact information;
(6) Any other state identification numbers;
(7) The name, address, and date of birth of a minor and, if applicable, any next friend; or
(8) The date of birth of any party, except the year may be made available for any party that is not a minor.
UNLAWFUL POSTING OF CERTAIN INFORMATION
Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a Class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a Class D felony.
DISCLOSURE OF INFORMATION REGARDING CHILDREN
This bill prohibits the disclosure of any personally identifiable information regarding any child receiving childcare from a provider or applying for or receiving any services through a state program. This does not prohibit any state agency from disclosing personally identifiable information to governmental entities or its agents, vendors, and contractors relating to its official duties, nor does it prevent a parent or legal guardian from accessing their child’s records. These provisions do not apply to any state, county, or municipal law enforcement agency acting in its official capacity.
SENATE BILL 106 (Sen. Lauren Arthur, D-Kansas City) – PUBLIC HEALTH
DISCLOSURE OF INFORMATION
This bill prohibits the disclosure of any personally identifiable information regarding any child receiving childcare from a provider or applying for or receiving any services through a state program. This does not prohibit any state agency from disclosing personally identifiable information to governmental entities or its agents, vendors, and contractors relating to its official duties, nor does it prevent a parent or legal guardian from accessing their child’s records. These provisions do not apply to any state, county, or municipal law enforcement agency acting in its official capacity.
OFFICE OF CHILD ADVOCATE
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 permits disclosure of such identities if the Child Advocate determines that disclosure to law enforcement is necessary to ensure immediate child safety.
SENATE BILL 157 (Sen. Rusty Black, R-Chillicothe) — PROFESSIONS REQUIRING LICENSURE
COMPLAINTS AGAINST LICENSEES’ PROFESSIONAL PRACTICES
This bill specifies that the Board of Nursing Home Administrators must establish a procedure for handling complaints against licensees’ professional practices. The Board must investigate complaints and document the findings.
The Board can disclose complaints and investigatory reports if the disclosure is: (1) In the course of voluntary interstate exchange of information; (2) In accordance with a lawful request; or (3) To other state or federal administrative or law enforcement agencies acting within the scope of their statutory authority. All educational transcripts, test scores, and personal information pertaining to an applicant for a license or a licensee of the Board is also confidential and is only disclosed for the same reasons the investigatory reports are disclosed. Deliberations, votes, or minutes of closed proceedings will not be subject to disclosure or discovery. Once an investigation is complete and a final disposition has been made, that decision will be made public.
SENATE BILL 186 (Sen. Justin Brown, R-Rolla) — PUBLIC SAFETY
FEES TO HIGHWAY PATROL
This bill 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. The $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.
OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER
This bill provides that a person commits the offense of tampering with a judicial officer if the person disseminates through any means the judicial officer’s personal information as provided in the bill. Additionally, this bill provides a judicial officer shall include a judge or commissioner of state or federal court. If a judicial officer or a member of his or her family is injured or dies, the offense is a class B felony.
CLOSED RECORDS
The bill includes an amendment adding these new exemptions to the Sunshine Law: “(18) (a) Security measures, global positioning system (GPS) data, investigative information, or investigative or surveillance techniques of any public agency responsible for law enforcement or public safety that, if disclosed, has the potential to endanger the health or safety of an individual or the public. (b) Any information or data provided to a tip line for the purpose of safety or security at an educational institution that, if disclosed, has the potential to endanger the health or safety of an individual or the public. (c) Any information contained in any suspicious activity report provided to law enforcement that, if disclosed, has the potential to endanger the health or safety of an individual or the public.”
SENATE BILLS 189, 36 & 37 (Sen. Tony Luetkemeyer, R-Parkville) – CRIMINAL LAWS
EXCLUSION OF PERSONAL INFORMATION IN COURT DOCUMENTS (SECTION 509.520) Currently, Social Security numbers of parties or children subject to an order of custody or support and credit and financial information of any parties are to be excluded from pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court. This act provides that beginning August 28, 2023, the following information shall be excluded from pleadings, attachments, exhibits, judgments, orders, or other records of the court, but shall be included in a confidential information sheet filed with the court, which shall not be subject to public inspection or availability:
(1) Social security numbers of any party or children;
(2) Credit card numbers, financial institution account numbers, personal identification numbers, or passwords used to secure an account of any party;
(3) Motor vehicle operator license number;
(4) Victim’s information, including name, address, and other contact information;
(5) Witness’s information, including name, address, and other contact information;
(6) Any other state identification numbers;
(7) The name, address, and date of birth of a minor and, if applicable, any next friend; or
(8) The date of birth of any party, except the year may be made available for any party that is not a minor.
UNLAWFUL POSTING OF CERTAIN INFORMATION
Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a class D felony.
EXPUNGEMENT OF CRIMINAL RECORDS
This act modifies provisions relating to the number of crimes a person may apply to have expunged from his or her record. A person may seek to expunge all crimes as part of the same course of criminal conduct or as part of an extended course of criminal conduct, subject to limitations as provided in the act. Under current law, certain offenses, violations, and infractions are not eligible for expungement. This act adds that any offense that at the time of conviction requires registration as a sex offender is not eligible for expungement. This act changes provisions regarding any offense of unlawful use of weapons as not eligible for expungement to any “felony” offense of unlawful use of weapons is not eligible.
SENATE BILL 398 (Sen. Nick Schroer, R-O’Fallon) – MOTOR VEHICLES
OPERATION OF MOTOR VEHICLES WHILE USING ELECTRONIC COMMUNICATION DEVICES
This act repeals the current prohibitions against operation of motor vehicles while using hand-held electronic wireless communications devices, as defined by law, and enacts different prohibitions in lieu thereof. The act creates the “Siddens Bening Hands Free Law”, which prohibits a number of uses of electronic communication devices while operating motor vehicles, as detailed in the act, as well as provides exceptions.
HOUSE BILL 447 (Rep. Bishop Davidson, R-Republic ) — DUTIES OF THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
DISCLOSURE OF INFORMATION
This bill prohibits the disclosure of any personally identifiable information regarding any child receiving childcare from a provider or applying for or receiving any services through a state program. This does not prohibit any state agency from disclosing personally identifiable information to governmental entities or its agents, vendors, and contractors relating to its official duties, nor does it prevent a parent or legal guardian from accessing their child’s records. These provisions do not apply to any state, county, or municipal law enforcement agency acting in its official capacity.
Bills that DID NOT PASS the 2023 General Assembly:
SIGNIFICANT MISSOURI SUNSHINE LAW MODIFICATIONS – DID NOT PASS
Senate Bill 174, sponsored by Senator Andrew Koenig (R-Manchester), modifies public records and governmental meetings in various ways that weakens the initial law that’s been in Missouri statutes since 1973. The bill was voted “do pass” by the Senate Governmental Accountability Committee by a vote of 4-2 on Feb. 23. However, the bill never was debated on the floor of the Senate, and it died. The original SB 174 would have established “transitory records,” closing them to the public, and would have authorized closure of certain inter-agency or intra-agency memos or letters. However, the substitute deleted portions of the bill that related to “transitory records” and inter- or intra-agency records.
Among some of the changes in the substitute bill: A public governmental body must react to a public records request within four days (currently three days). A request for public records to a public governmental body shall be considered withdrawn if the requester fails to remit all fees within 60 days (currently 30 days) of a request for payment of the fees by the public governmental body. If the requested fees are greater than $1,000, then the request shall be considered withdrawn if the requester fails to remit all fees within 120 days. If the same or a substantially similar request for records is made within six months of the expiration of the 60-day period, then the public body can request payment of fees made for the original request.
SB 174 was passed from committee and was not placed on the Senate floor calendar. No amendment was offered in the House or Senate during the final weeks of the legislative session and the language did not become law.
DELIQUENT LAND TAX SALE NOTICES – DID NOT PASS
House Bill 344, sponsored by Rep. Mike McGirl (R-Potosi), allows county collectors in counties without a newspaper to post delinquent tax notices in the courthouse or on the county website as alternative to publishing such notice in a newspaper. The Missouri County Collectors Association, St. Charles County Collector, and the Macon County Collector supported the bill. No opposing testimony was presented. The MO Press Association provided informational testimony and informed committee members that there is currently a newspaper in every county. In committee, an amendment was added to the bill allowing a Cass County planning board to post a hearing notice on the county’s website and publish the notice in a newspaper in the county. This bill was voted out of the House Rules Committee but was not debated on the House floor. This language was later added to legislation by amendment but did not reach final passage.
DELETING NOTICES FROM DELINQUENT TAX SALES – DID NOT PASS
House Bill 400 (Rep. Mike McGirl, R-Potosi) provided an alternative to posting the delinquent property tax notices from the currently required three consecutive weeks of printing in a newspaper published in the county, to one week of printing in a newspaper published in the county during the third calendar week before the delinquent tax sale, and then two consecutive weeks of posting on the county’s website and in the county’s courthouse. The bill passed the House in early May but died in a Senate committee.
ADVERTISEMENT FOR STATE BIDS – DID NOT PASS
House Bill 752, sponsored by Rep. Jeff Knight (R-Lebanon), repeals requirements that the Office of Administration publicize bids for state contracts in newspapers. During committee discussion in their executive session, substitute language was adopted to include compromise language agreed to by the Office of Administration and the Missouri Press Association, requiring one notice in newspapers and on websites on certain state contracts that exceed $100,000. Additionally, the substitute added provisions from HB 400, which allows notice of delinquent taxes to be published in newspapers for one week and then posted in county courthouses and county websites for two consecutive weeks, and HB 344, which requires delinquent land, and lots be posted on county websites or in county courthouses for three weeks if no local newspaper or publication is available. Once modified, the committee passed the bill by a 7-5 vote. This legislation was later passed by the House Rules Committee but was not placed on the House floor calendar. This language was later added as an amendment by the House to a Senate bill, but it did not reach final passage.
NEWSPAPER PUBLIC NOTICES – DID NOT PASS
House Bill 782 (Rep. Peggy McGaugh, R-Carrollton) would have changed the eligibility of newspapers to publish public notices. Currently, to qualify as a newspaper legally to run public notices, a newspaper must have been published regularly for a period of three years, or must be the successor newspaper to a shut-down newspaper and begin publication no later than 30 days after the prior newspaper terminated. The bill would reduce the time period of regular publication from three years to one year and increase the time period from 30 days to 90 days within which a successor newspaper must begin publication. The bill also allows a newspaper that has been purchased or newly established by another newspaper that satisfies these conditions to qualify. This bill was third read and passed in the House by a vote of 132-5. This bill was passed by the Senate General Laws Committee and ultimately ran out of time and did not reach final passage in the Senate.
PUBLIC NOTICES ON SECRETARY OF STATE’S WEBSITE – DID NOT PASS
House Bill 1118, sponsored by Rep. David Casteel (R-High Ridge), provides that any notice required by law to be published in a newspaper instead must be published on the Secretary of State’s website. The Secretary of State must develop procedures for submission of the notices and create a specific page on its website that will contain all the notices in a searchable format. The sponsor’s intent with the legislation is to save counties money and modernize the current way of providing public notices. The bill received a public hearing in the House Government Oversight Committee with testimony in opposition by the Missouri Press Association. The committee did not vote on the bill, and the bill died in committee.
DELETING NEWSPAPER NOTICES FROM SELF STORAGE AUCTIONS – DID NOT PASS
House Bill 1120 (Rep. Bill Hardwick, R-Waynesville) would modify requirements of the public notice for sale by an operator of a self-service storage facility for the auction of personal property of an occupant in default. The legislation would allow a storage facility operator to advertise in the classified section of a newspaper prior to sale, OR the operator may instead advertise in any other commercially reasonable manner such as online. The advertisement is “commercially reasonable” if at least three independent bidders attend the sale. The Storage Mart representative testified that last year at 132 property auctions, no one attended the auctions, and they lost an average of $600 per auction. Missouri Press Association testified that posting notices on a website notifies no one. HB 1120 was passed by the House on a vote of 135-20. The language was later added to several bills that did not reach the Governor’s desk. A Senate companion was filed by Sen. Justin Brown (R-Rolla) as SB 460. This is the third year such bills have been filed and did not pass.
CLOSING LIFEGUARDS’ IDENTITY – DID NOT PASS
Rep. Bill Falkner (R-St. Joseph) amended the following Sunshine Law exemption to Senate Bill 222 (Curtis Trent, R-Springfield), however the bill did not pass. This exemption would have closed records of young people who, for instance, work as lifeguards at municipal swimming pools: “(26) Any portion of a record that contains individually identifiable information of any person who registers for a recreational or social activity or event sponsored by a public governmental body, if such public governmental body is a city, town, or village.”
CRONKITE NEW VOICES ACT – DID NOT PASS
Senate Bill 440, sponsored by Sen. Barbara Washington (D-Kansas City) establishes the Cronkite New Voices Act, which states that a student journalist has the right to practice freedom of speech and press in school-sponsored media in both public high schools and public institutions of higher education. SB 440 was passed by a vote of 3-1 from the Senate Progress and Development Committee and the bill ultimately died on the Senate floor calendar.
MEDIA LITERACY, CRITICAL THINKING ONLINE BEHAVIOR – DID NOT PASS
House Bill 492, sponsored by Rep. Jim Murphy (R-St. Louis), requires the Department of Elementary and Secondary Education to develop a two-year “media literacy and critical thinking” pilot program in five to seven school districts across the state beginning in the 2024-25 school year. The purpose of the pilot program will be to allow DESE to develop course curriculum which promotes an individual’s ability to access, analyze, evaluate, and participate in all forms of media with an emphasis on appropriate online behavior. The Missouri Chapter of the American Academy of Pediatrics, iCivics, and the Missouri Library Association testified in support. There was no opposing or informational testimony. HB 492 was voted “do pass” from the House Education Committee and the House Rules Committee but was not placed on the House floor calendar for consideration.
STATUTORY CHANGES FOR INITIATIVE PETITION PROCESS – DID NOT PASS
House Bill 703 (Rep. Mike Haffner, R-Pleasant Hill) made various statutory changes to the initiative and referendum petition process. The legislative changes affected the signature pages that are circulated, requirements for petition circulators to be at least 18 years old, U.S. citizens and at least 30-day residents of Missouri prior to collection of signatures, that compensation cannot be based on the number of signatures collected, signatures must be recorded using a dark ink, and other changes dealing with legal challenges and court orders prior to a statewide vote. If a court orders a change that substantially alters the content of the official ballot title, signatures collected prior to the court order shall be invalidated. The bill deleted the current requirement of the Joint Committee on Legislative Research to hold a public hearing on petition summaries. The bill was third read and passed 109-49 by the House on April 6, referred to the Senate Local Government and Elections Committee, but died.
ANTI-SLAPP LAWSUITS – DID NOT PASS
House Bill 750, sponsored by Rep. Chad Perkins (R-Bowling Green), establishes the Uniform Public Expression Protection Act. This establishes procedures for motions to dismiss for anit-slapp lawsuits. The bill specifies under which circumstances a court may award costs, reasonable attorneys’ fees, and reasonable litigation expenses. The bill will only apply to civil actions filed on or after Aug. 28, 2023. The Missouri Press Association, Missouri Broadcasters Association, The Motion Picture Association, American Civil Liberties Union, Institute for Free Speech, and Americans for Prosperity provided supporting testimony in committee stating this legislation has passed in numerous states and helps ensure courts are not filled with frivolous lawsuits. This legislation was passed out of the House Judiciary Committee and was later added by House amendment to Senate Bill 72. The legislation was included in the Conference Committee Report for SB 72, but the bill was not taken up in the final hours of the session. This legislation did not reach final passage, but it was the closest this issue has been in several years to reaching the Governor’s desk.
INITIATIVE PETITION REFORMS FOR CONSTITUTIONAL QUESTIONS – DID NOT PASS
Numerous bills in the House and the Senate were introduced to make it more difficult to change the state’s Constitution through the initiative petition process. The House conducted its first floor debate on House Joint Resolution 43 (Rep. Mike Henderson, R-Bonne Terre) on Feb. 1. HJR 43 would require any Constitutional amendment to receive approval from at least 60 percent of statewide votes cast to pass. Any statutory measure would be approved by a simple majority of votes cast. When HJR 43 reached the Senate, the percentage of voter approval was lowered to 57 percent required to change the Constitution. In the last few days of the legislative session, the Senate became tied up and did not pass the conference committee report on HJR 43, although the House did pass the CCR. HJR 43’s other provisions would require the Secretary of State to provide voters in each Congressional district with a period in which to review and comment upon all initiative petitions proposing Constitutional amendments at least 15 days before election day. And the resolution would require only U.S. citizens who are properly registered to vote in Missouri to be considered legal voters to cast ballots. We fully expect this issue to return in 2024 and be a major issue.
CREATING STATE’S CHIEF DATA OFFICER – DID NOT PASS
Senate Bill 7, sponsored by Sen. Caleb Rowden (R-Columbia) creates the position of chief data officer within the Office of Administration who is authorized to oversee each state agency’s management of electronic data for purposes of evaluating appropriate management and security of the data. The chief data officer may require each state agency to classify its electronic data into levels of sensitivity; develop and update written policies for responding to data breaches; develop, adopt, and update written policies for the proper disposal of electronic data; and other management and security provisions of agencies’ electronic data. This bill did not reach final passage this session.
DRONE SURVEILLANCE LEGISLATION – DID NOT PASS
House Bill 178 and House Bill 179 sponsored by Rep. Dean Van Schoiack, R-Savannah), and House Bill 401 sponsored by Rep. Mike Hafner, R-Pleasant Hill) passed the Missouri House but did not receive any action in the Senate. All three bills are similar, specifying that a person commits the offense of unlawful use of an unmanned aircraft or drone if they launch, land, or operate an unmanned aircraft on private property, on farms, or an open-air facility such as a sports stadium, or within a vertical distance of 400 feet from the ground within a private property line, without permission from the property owner.
PARENTS BILL OF RIGHTS – DID NOT PASS
Senate Bill 4, sponsored by Sen. Andrew Koenig (R-Manchester), establishes the “Parents Bill of Rights,” providing certain rights and expectations not to be denied to parents of school children. Additionally, the bill prohibits the use of the 1619 Project to teach race relations or the inclusion of Critical Race Theory within instruction or as a requirement for course completion and requires school districts to post curriculum, training, and instructional materials used for course completion online for parental review. The House and Senate struggled to find common ground on education issues during the 2023 session and this legislation failed. We fully expect to see this issue return in 2024.
