To repeal section 32.055, RSMo 1994, and section 610.021, RSMo Supp. 1996, relating to motor vehicle records, and to enact in lieu thereof five new sections relating to the same subject, with an effective date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Section 32.055, RSMo 1994, and section 610.021, RSMo Supp. 1996, are repealed and five new sections enacted in lieu thereof, to be known as sections 32.055, 610.021, 1, 2 and 3, to read as follows:

32.055. Subject to the provisions of sections 1 and 2 of this act, the director of revenue may[, at his discretion,] sell lists of motor vehicle registrations to any organization organized under an act of the Congress of the United States [at a price of not less than seven dollars and fifty cents per one thousand names.] in accordance with the fee limitations as provided in section 610.026, RSMo.

     610.021. Except to the extent disclosure is otherwise required by law, a public governmental body is authorized to close meetings, records and votes, to the extent they relate to the following:

     (1) Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. However, any minutes or vote relating to litigation involving a public governmental body shall be made public upon final disposition of the matter voted upon; provided, however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action. Legal work product shall be considered a closed record;

     (2) Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes or vote or public record approving a contract relating to the leasing, purchase or sale of real estate by a public governmental body shall be made public upon execution of the lease, purchase or sale of the real estate;

     (3) Hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded. However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an employee of a public governmental body must be made available to the public within seventy-two hours of the close of the meeting where such action occurs; provided, however, that any employee so affected shall be entitled to prompt notice of such decision during the seventy-two-hour period before such decision is made available to the public. As used in this subdivision, the term "personal information" means information relating to the performance or merit of individual employees;

     (4) The state militia or National Guard or any part thereof;

     (5) Nonjudicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis or treatment;

     (6) Scholastic probation, expulsion, or graduation of identifiable individuals, including records of individual test or examination scores; however, personally identifiable student records maintained by public educational institutions shall be open for inspection by the parents, guardian or other custodian of students under the age of eighteen years and by the parents, guardian or other custodian and the student if the student is over the age of eighteen years;

     (7) Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again;

     (8) Welfare cases of identifiable individuals;

     (9) Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups;

     (10) Software codes for electronic data processing and documentation thereof;

     (11) Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid;

     (12) Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected;

     (13) Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such;

     (14) Records which are protected from disclosure by law;

     (15) Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest;

     (16) Records concerning accounts of utility customers.

     Section 1. 1. The department of revenue shall keep a record of each application or other document filed with it and each certificate or other official document issued by it.

     2. Except as otherwise provided by law, all records of the department of revenue are public records and shall be made available to the public according to procedures established by the department.

     3. Except as otherwise provided by law, personal information obtained by the department shall be disclosed to any person requesting such personal information if the individual whose personal information is requested has not elected to prohibit the disclosure of such personal information pursuant to section 2 of this act.

     Section 2. 1. As used in sections 1 and 2 of this act, the following terms mean:

     (1) "Motor vehicle record", any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration or identification card issued by the department of revenue;

     (2) "Person", an individual, organization or entity, but does not include a state or agency thereof;

     (3) "Personal information", information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address, but not the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations and driver's status.

     2. The department of revenue may disclose individual motor vehicle records pursuant to section 2721(b)(11) of Title 18 of the United States Code and may disclose motor vehicle records in bulk pursuant to section 2721(b)(12) of Title 18 of the United States Code in the manner prescribed in this section. The department shall provide to all individuals for which such records are maintained a method by which an individual may prohibit personal information in such individual's records from being disclosed pursuant to this section.

     3. A notice that the personal information may be disclosed pursuant to this section and a notice of an individual's right to prohibit such disclosure shall be printed on all forms for issuance or renewal of motor vehicle titles and registrations prescribed in chapter 301, RSMo, and forms for issuance or renewal of motor vehicle operator's permits, licenses and personal identification cards issued pursuant to chapter 302, RSMo, in a clear and conspicuous manner. In addition, with respect to bulk disclosures, the department shall ensure that the personal information disclosed shall be used, rented or sold solely for bulk distribution for surveys, marketing and solicitations, and that such surveys, marketing and solicitations shall not be directed at individuals who have notified the department in a timely manner that they do not want the personal information contained in motor vehicle records disclosed.

     4. Notwithstanding any other provision of law to the contrary, the department of revenue shall disclose any motor vehicle record or personal information permitted to be disclosed pursuant to sections 2721(b)(1) to 2721(b)(10) and 2721(b)(13) to 2721(b)(14) of Title 18 of the United States Code.

     5. Pursuant to section 2721(b)(14) of Title 18 of the United States Code, any person who has a purpose to disseminate to the public a newspaper, book, magazine, broadcast or other similar form of public communication, including dissemination by computer or other electronic means, may request the department to provide individual or bulk motor vehicle records, such dissemination being related to the operation of a motor vehicle or to public safety. Upon receipt of such request, the department shall release the requested motor vehicle records. It is the public policy of this state that records be open to the public unless otherwise provided by law. The disclosure provisions of this section shall be liberally construed and the exemptions strictly construed to promote this public policy.

     Section 3. 1. Any state agency desiring to disclose the home address or home phone number of any state employee shall not disclose such information if the employee has provided a letter to the state agency asking that the information not be disclosed.

     2. This section shall not be construed to authorize any disclosure which is otherwise prohibited under the law.

     Section B. Section A of this act shall become effective on September 13, 1997.