Section 105.540

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 105

Effective - 28 Aug 2018 (all or part is unconstitutional)  

  *105.540.  Reports deemed public records — department regulations. — 1.  The contents of the reports and documents filed with the department under the provisions of sections 105.533 and 105.535 shall be considered a public record, as that term is defined in section 610.010, and shall not be closed under section 610.021.  The department may publish any information and data obtained under sections 105.533 and 105.535.  The department may use the information and data for statistical and research purposes and compile and publish such studies, analyses, reports, and surveys based thereon as it may deem appropriate.

  2.  The department shall, by regulation, make reasonable provision for the inspection and examination, on the request of any person, of the information and data contained in any report or other document filed under section 105.533 or 105.535.

  3.  (1)  The department shall, by regulation, provide for the furnishing of reports or other documents filed with the department under the provisions of sections 105.533 to 105.555, upon payment of a charge based upon the cost of the service.

  (2)  The department shall make available without payment of a charge, or require any person to furnish, to such state agency as is designated by law or by the governor of the state in which such person has his or her principal place of business or headquarters, upon request of the governor of such state, copies of any reports and documents filed by such person with the department under the provisions of section^**105.533 or 105.535, or of information and data contained therein.

  (3)  All moneys received in payment of such charges fixed by the department under this subsection shall be deposited in the general revenue fund of the state.

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(L. 2018 H.B. 1413)

*Revisor's Note:  On June 1, 2021, this section was declared unconstitutional in Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.2d 585 (Mo.banc).

** Word "sections" appears in original rolls.

(2021)  House Bill 1413 enacting section in 2018 held invalid as violation of equal protection clause of Article I, Section 2 of state constitution; section as enacted could not be severed from rest of bill.  Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.2d 585 (Mo.banc).