Section 37.070

Title IV EXECUTIVE BRANCH

Chapter 37

Effective - 11 Jul 2011, see footnote   

  37.070.  Transparency policy — public availability of data — broad interpretation of sunshine law requests — breach of the public trust, when. — 1.  It shall be the policy of each state department to carry out its mission with full transparency to the public.  Any data collected in the course of its duties shall be made available to the public in a timely fashion.  Data, reports, and other information resulting from any activities conducted by the department in the course of its duties shall be easily accessible by any member of the public.

  2.  Each department shall broadly interpret any request for information under section 610.023:

  (1)  Even if such request for information does not use the words "sunshine request", "open records request", "public records request", or any such similar wording;

  (2)  Even if the communication is simply an inquiry as to the availability or existence of data or information; and

  (3)  Regardless of the format in which the communication is made, including electronic mail, facsimile, internet, postal mail, in person, telephone, or any other format.

  3.  Any failure by a department to release information shall, in addition to any other applicable violation of law, be considered a violation of the department's policy under this section and shall constitute a breach of the public's trust.

  4.  This section shall not be construed to limit or exceed the requirements of the provisions in chapter 610, nor shall this section require different treatment of a record considered closed or confidential under section 610.021 than what is required under that section.

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(L. 2011 H.B. 89 § 37.970)

Effective 7-11-11

CROSS REFERENCE:

Nonseverability clause, 640.099