Section 348.263

There are multiple enactments of 348.263

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 348

Effective - 03 Feb 2012, 2 histories, see footnote   

  *348.263.  Open meetings and sunshine law applicability — records, requirements. — 1.  Except as otherwise provided in sections 348.250 to 348.275, the corporation shall be subject to requirements applicable to governmental bodies and records contained in sections 610.010 to 610.225.

  2.  In addition to the exceptions available under sections 610.010 to 610.225, the records of the corporation shall not be subject to the provisions of sections 610.010 to 610.225, when, upon determination by the corporation, the disclosure of the information in the records would be harmful to the competitive position of the corporation and such records contain:

  (1)  Proprietary information gathered by, or in the possession of, the corporation from third parties pursuant to a promise of confidentiality;

  (2)  Contract cost estimates prepared for confidential use in awarding contracts for research, development, construction, renovation, commercialization, or the purchase of goods or services;

  (3)  Data, records, or information of a proprietary nature produced or collected by, or for, the corporation, its employees, officers, or members of its board;

  (4)  Third-party financial statements, records, and related data not publicly available that may be shared with the corporation;

  (5)  Consulting or other reports paid for by the corporation to assist the corporation in connection with its strategic planning and goals; or

  (6)  The determination of marketing and operational strategies where disclosure of such strategies would be harmful to the competitive position of the corporation.

  3.  In addition to the exceptions available under sections 610.010 to 610.225, the corporation, including the board, executive committee, audit committee, and research alliance of Missouri, or other such committees or boards that the corporation may authorize from time to time, may discuss, consider, and take action on any of the following in closed session, when upon determination by the corporation, including as appropriate the board, executive committee, audit committee, and research alliance of Missouri, or other such committees or boards that the corporation may authorize from time to time, disclosure of such items would be harmful to the competitive position of the corporation:

  (1)  Plans that could affect the value of property, real or personal, owned, or desirable for ownership by the corporation;

  (2)  The condition, acquisition, use, or disposition of real or personal property; or

  (3)  Contracts for applied research; basic research; science and innovation product development, manufacturing, or commercialization; construction and renovation of science and innovation facilities; or marketing or operational strategies.

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(L. 1993 H.B. 566, A.L. 1994 H.B. 1248 & 1048, A.L. 2011 1st Ex. Sess. S.B. 7)

Contingent effective date, see § 348.280

*Revisor's Note:  This section was declared unconstitutional in Missouri Roundtable for Life, Inc. v. State, 396 S.W.3d 348 (Mo.banc).

(2013) Provisions of S.B. 7 from First Extraordinary Session in 2011 are unconstitutional; section B of act as codified in section 348.280 is a violation of the single subject requirement of Article III, Section 23 and remaining provisions of bill could not be severed. Missouri Roundtable for Life, Inc. v. State, 396 S.W.3d 348 (Mo.banc).