SECOND REGULAR SESSION

SENATE BILL NO. 534

89TH GENERAL ASSEMBLY


INTRODUCED BY SENATOR WIGGINS.

Pre-filed December 1, 1997, and 1,000 copies ordered printed.

TERRY L. SPIELER, Secretary.

L2137.01I


AN ACT

Relating to closed records.


Be it enacted by the General Assembly of the State of Missouri, as follows:

Section 1.  The following records in the custody or control of the state auditor shall be closed records as provided for in chapter 610, RSMo:

(1)  Records that would disclose information relating to allegations of personal misconduct, gross mismanagement or illegal activity of a past or present governmental employee if the information or allegation cannot be corroborated by the state auditor through other documents or evidence, and the records relating to the allegation are not relied upon by the state auditor in preparing a final audit report;

(2)  Records and audit workpapers to the extent they would disclose the identity of a person who during the course of an audit, communicated the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted pursuant to the laws of this state, a political subdivision of the state, or any recognized entity of the United States, if the information was disclosed on the condition that the identity of the person be protected;

(3)  Prior to the time that an audit is completed and the final audit report is released, records or drafts circulated to a person who is not an employee or head of a governmental entity for their response or information;

(4)  The provisions of subdivisions (1), (2)  and (3) of this section do not prohibit the disclosure of records or information that relate to a violation of the law by governmental entity or employee to a government prosecutor or peace officer;

(5)  Except as provided for in subdivisions (1) and (2) of this section, all workpapers or documents supporting a released audit report shall be open records as provided for in chapter 610, RSMo.




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