House Committee Substitute

HCS/SS/SB 333 - This act modifies provisions relating to nonprofit organizations.

PERSONAL PRIVACY (Section 105.1500):

This act establishes the Personal Privacy Protection Act prohibiting public agencies, as defined in the act, from disclosing or requiring the disclosure of personal information, as defined in the act. Specifically, public agencies are prohibited from:

· Requiring any individual to provide the public agency with personal information, as defined in the act, or otherwise compel the release of such personal information;

· Requiring any entity exempt from federal income taxation under Section 501(c) of the Internal Revenue Code to provide the public agency with personal information or otherwise compel the release of personal information;

· Releasing, publicizing, or otherwise publicly disclosing personal information in possession of a public agency; or

· Requesting or requiring a current or prospective contractor or grantee with the public agency to provide the public agency with a list of entities exempt from federal income tax under Section 501(c) of the Internal Revenue Code to which it has provided financial or nonfinancial support.

The act contains various exceptions to these prohibitions.

Any person or entity may bring a civil action for appropriate injunctive relief, damages, or both. Damages may be not less than $2,500 to compensate for injury or loss caused by each violation of this act and, for an intentional violation, a sum of money not to exceed three times the sum of damages assessed. A court may additionally award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action if the court determines that the award is appropriate. Furthermore, a person who knowingly violates this act is guilty of a Class B misdemeanor.

This provision is identical to HCS/HB 1030 (2021) and similar to SB 464 (2021).

RURAL ELECTRIC COOPERATIVES (Section 394.120):

Under the act, the board of directors of a rural electric cooperative shall have the power to set the time and place of the annual meeting and also to provide for voting by proxy, electronic means, by mail, or any combination thereof, and to prescribe the conditions under which such voting shall be exercised. The meeting requirement may be satisfied through virtual means.

This provision expires on August 28, 2022.

This provision is identical to a provision in the perfected SS/SB 44 (2021), the perfected SS/SB 141 (2021), the perfected SS#2/SCS/SB 202 (2021), and the perfected HCS/HB 835 (2021).

CHARITABLE ORGANIZATIONS (Section 407.475):

Further, under the act, the state shall not impose any annual filing or reporting requirements on a charitable organization that are more stringent, restrictive, or expansive than the report already required to be submitted to the Attorney General's office unless such filing or report is specifically required by federal law. This provision shall not apply to state grants or contracts, or investigations by the Attorney General of charitable organizations as set forth in state statute. Further, this provision shall not prohibit the Department of Labor and Industrial Relations or the State Board of Mediation from enforcing provisions of law relating to labor organizations.

This provision is similar to HCS/HB 245 (2021).

JAMIE ANDREWS


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