Missouri HB 1656: Exempts state legislators from paying labor costs associated with responding to sunshine law requests.

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1656
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PROUDIE.
4206H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 610.026, RSMo, and to enact in lieu thereof one new section relating to the
sunshine law.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 610.026, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 610.026, to read as follows:
610.026. 1. Except as otherwise provided by law, each public governmental body shall
2 provide access to and, upon request, furnish copies of public records subject to the following:
3 (1) Fees for copying public records, except those records restricted under section 32.091,
4 shall not exceed ten cents per page for a paper copy not larger than nine by fourteen inches, with
5 the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff
6 of the public governmental body. Research time required for fulfilling records requests may be
7 charged at the actual cost of research time. Based on the scope of the request, the public
8 governmental body shall produce the copies using employees of the body that result in the lowest
9 amount of charges for search, research, and duplication time. Prior to producing copies of the
10 requested records, the person requesting the records may request the public governmental body
11 to provide an estimate of the cost to the person requesting the records. Documents may be
12 furnished without charge or at a reduced charge when the public governmental body determines
13 that waiver or reduction of the fee is in the public interest because it is likely to contribute
14 significantly to public understanding of the operations or activities of the public governmental
15 body and is not primarily in the commercial interest of the requester;
16 (2) Fees for providing access to public records maintained on computer facilities,
17 recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 1656 2
18 similar audio or visual items or devices, and for paper copies larger than nine by fourteen inches
19 shall include only the cost of copies, staff time, which shall not exceed the average hourly rate
20 of pay for staff of the public governmental body required for making copies and programming,
21 if necessary, and the cost of the disk, tape, or other medium used for the duplication. Fees for
22 maps, blueprints, or plats that require special expertise to duplicate may include the actual rate
23 of compensation for the trained personnel required to duplicate such maps, blueprints, or plats.
24 If programming is required beyond the customary and usual level to comply with a request for
25 records or information, the fees for compliance may include the actual costs of such
26 programming;
27 (3) Members of the general assembly shall be exempt from paying all fees in
28 subdivisions (1) and (2) of this section, except that a public governmental body may impose
29 a fee for the material cost of paper copies of records if paper copies are requested.
30 2. Payment of such copying fees may be requested prior to the making of copies.
31 3. Except as otherwise provided by law, each public governmental body of the state shall
32 remit all moneys received by or for it from fees charged pursuant to this section to the director
33 of revenue for deposit to the general revenue fund of the state.
34 4. Except as otherwise provided by law, each public governmental body of a political
35 subdivision of the state shall remit all moneys received by it or for it from fees charged pursuant
36 to sections 610.010 to 610.028 to the appropriate fiscal officer of such political subdivision for
37 deposit to the governmental body's accounts.
38 5. The term "tax, license or fees" as used in Section 22 of Article X of the Constitution
39 of the State of Missouri does not include copying charges and related fees that do not exceed the
40 level necessary to pay or to continue to pay the costs for providing a service, program, or activity
41 which was in existence on November 4, 1980, or which was approved by a vote of the people
42 subsequent to November 4, 1980.
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