Missouri Senate - Protection Law Repealed

Missouri Senate repeals Interent posting law as session ends
Thursday, September 15, 2005
KELLY WIESE

Associated Press Writer

JEFFERSON CITY, Mo. (AP) -- The Senate on Thursday approved a measure repealing a new state law barring posting of personal information about public officials on the Internet, sending the item to the governor for his signature.

The measure repealing the law had passed the House earlier. The Senate voted 32-0 in favor of it. Lawmakers later concluded the special session called by Gov. Matt Blunt to pass additional abortion restrictions and fix several new laws.

The new Internet law had said no court or government agency could post online the home address, Social Security number or phone number of any elected or appointed official without their consent.

But county officials worried how they would enforce the restriction. They say government Web sites contain much information, such as property records, and it would be hard to remove it for certain people named under the law.

"It was a piece of legislation that had good intentions," said Sen. Rob Mayer, R-Dexter. "Probably we should have given it more in-depth study and analysis."

Boone, Cass, Jackson and Platte counties sued the state, claiming among other things that the law would impose a cost on counties without providing funding, in violation of the state constitution.

A Cole County judge has so far agreed with the counties, blocking the state from enforcing the law. A hearing on a permanent injunction is set for October, but an attorney for the counties said if the provision were repealed, they likely would drop the litigation.

Blunt said he signed the measure into law because the bill also contained many other worthy provisions, but he urged government agencies to ignore this part of the law and asked lawmakers to undo it during their special session.

The new bill deletes the language about public officials. Instead it would make it a misdemeanor to post the name, home address, telephone number or Social Security number of anyone on the Internet with the intent "to cause great bodily harm or death." The revision makes no distinction as to whether the target is an elected official or who did the posting.

The Senate also passed a bill that earlier cleared the House to correct conflicts within various bills that passed during the regular session creating new laws on drunken driving, child abuse and distribution of prescription drugs at schools.

Both measures also contain an emergency clause, meaning they will take effect as soon as Blunt signs them.

The House passed a resolution stating the Legislature's opposition to plans to create a spring rise in the Missouri River by releasing more water from upstream dams, citing concerns about flooding of Missouri farms and communities.

Crime cleanup bill is HB2; Internet bill is HB3.