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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2587
103RD GENERAL ASSEMBLY
6127S.03C KRISTINA MARTIN, Secretary
AN ACT
To repeal section 577.800, RSMo, and to enact in lieu thereof three new sections relating to
unmanned aircraft, with penalty provisions and an emergency clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 577.800, RSMo, is repealed and three 1
new sections enacted in lieu thereof, to be known as sections 2
577.800, 589.900, and 589.902, to read as follows:3
577.800. 1. A person commits the offense of unlawful 1
use of unmanned aircraft over an open-air facility or 2
critical infrastructure facility if he or she purposely: 3
(1) Operates an unmanned aircraft within a vertical 4
distance of four hundred feet from the ground and within the 5
property line of an open-air facility; [or] 6
(2) Uses an unmanned aircraft with the purpose of 7
delivering to a person within an open-air facility any 8
object described in subdivision (1) or (2) of subsection 4 9
of this section; 10
(3) Uses an unmanned aircraft within the boundary of 11
any critical infrastructure facility; or 12
(4) Operates an unmanned aircraft within a vertical 13
distance of four hundred feet from the ground and within the 14
property line of a critical infrastructure facility in 15
furtherance of any violation of criminal law. 16
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2. For purposes of this section, "open-air facility" 17
shall mean any sports, theater, music, performing arts, or 18
other entertainment facility with a capacity of five 19
[thousand] hundred people or more and not completely 20
enclosed by a roof or other structure. For purposes of this 21
section, "critical infrastructure facility" shall have the 22
same meaning as section 569.086. 23
3. The provisions of this section shall not prohibit 24
the operation of an unmanned aircraft by: 25
(1) An employee, owner, or operator of an open-air 26
facility [at the direction of the president or chief 27
executive officer of the open-air facility] or critical 28
infrastructure facility for the purpose of monitoring, 29
inspecting, operating, or maintaining the facility; 30
(2) A person who has written consent from the 31
president or chief executive officer of the open-air 32
facility or critical infrastructure facility; 33
(3) An employee of a law enforcement agency, fire 34
department, or emergency medical service in the exercise of 35
official duties; 36
(4) A government official or employee in the exercise 37
of official duties; 38
(5) A public utility or a rural electric cooperative 39
if: 40
(a) The unmanned aircraft is used for the purpose of 41
inspecting, repairing, or maintaining utility transmission 42
or distribution lines or other utility equipment or 43
infrastructure; 44
(b) The utility or cooperative notifies the open-air 45
facility or critical infrastructure facility before flying 46
the unmanned aircraft, except during an emergency; and 47
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(c) The person operating the unmanned aircraft does 48
not physically enter the prohibited space without an escort 49
provided by the open-air facility or critical infrastructure 50
facility; or 51
(6) An employee of a railroad in the exercise of 52
official duties on any land owned or operated by a railroad 53
corporation regulated by the Federal Railroad Administration. 54
4. The offense of unlawful use of unmanned aircraft 55
over an open-air facility or critical infrastructure 56
facility shall be punishable as an infraction unless the 57
person uses an unmanned aircraft for: 58
(1) Delivering a gun, knife, weapon, or other article, 59
including any explosive device or material, that may be used 60
in such manner to endanger the life of an employee or guest 61
at an open-air facility or critical infrastructure facility, 62
in which case the offense is a class B felony; or 63
(2) Delivering a controlled substance, as that term is 64
defined under section 195.010, in which case the offense is 65
a class D felony. 66
5. Each open-air facility or critical infrastructure 67
facility shall post a sign warning of the provisions of this 68
section. The sign shall be at least eleven inches by 69
fourteen inches and posted in a conspicuous place. 70
6. This section shall not apply to an operator of an 71
unmanned aircraft that is being used for a commercial 72
purpose that is otherwise operating lawfully, provided the 73
operator is authorized by the Federal Aviation 74
Administration to conduct lawful operations in that airspace. 75
589.900. 1. For the purposes of sections 589.900 to 1
589.902, the following terms mean: 2
(1) "Authorized individuals", peace officers, as 3
defined in section 590.010, who are certified in accordance 4
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with federal requirements, including the Homeland Security 5
Act of 2002, Pub. L. 107-296, as amended, when applicable, 6
to conduct unmanned aircraft and unmanned aerial system 7
mitigation; 8
(2) "Mitigate", any of the following actions: 9
(a) During the operation of an unmanned aircraft 10
system, to detect, identify, monitor, or track the unmanned 11
aircraft system or unmanned aircraft, without prior consent, 12
including by means of intercept or other access of a wire 13
communication, an oral communication, or an electronic 14
communication used to control the unmanned aircraft system 15
or unmanned aircraft; 16
(b) To warn the operator of the unmanned aircraft 17
system or unmanned aircraft, including by passive or active 18
and direct or indirect physical, electronic, radio, or 19
electromagnetic means, or through the use of remote 20
identification broadcast or other means; 21
(c) To disrupt control of the unmanned aircraft system 22
or unmanned aircraft, without prior consent, including by 23
disabling the unmanned aircraft system or unmanned aircraft 24
by intercepting, interfering, or causing interference with 25
wire, oral, electronic, or radio communications used to 26
control the unmanned aircraft system or unmanned aircraft; 27
(d) To seize or exercise control of the unmanned 28
aircraft system or unmanned aircraft; or 29
(e) To use reasonable force, if necessary, to disable, 30
damage, or destroy the unmanned aircraft system or unmanned 31
aircraft. 32
2. The terms "unmanned aircraft" and "unmanned 33
aircraft system" shall have the meanings given such terms in 34
49 U.S.C. Section 44801. 35
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589.902. 1. To the greatest extent permissible under 1
applicable federal law, including the Homeland Security Act 2
of 2002, Pub. L. 107-296, as amended, authorized individuals 3
in this state shall be empowered to take necessary action to 4
mitigate a credible threat that an unmanned aircraft or 5
unmanned aircraft system poses to the safety or security of 6
people, facilities, assets, a venue or set of venues used 7
for large-scale public gatherings or events, critical 8
infrastructure, or correctional facilities. 9
2. Nothing in this section shall be construed to limit 10
the power of a law enforcement officer in this state to 11
seize an unmanned aircraft system or unmanned aircraft in 12
the course of their duties. A law enforcement officer may 13
use all lawful means to effect such a seizure, which may 14
include the use of mitigation techniques where permissible. 15
3. Any unmanned aircraft system or unmanned aircraft 16
seized under this section or in connection with a criminal 17
act shall be subject to forfeiture under section 513.607. 18
4. Nothing in this section shall be construed to 19
permit the jamming of or interference with any signal, 20
except in accordance with all applicable federal laws, 21
rules, and regulations, including, but not limited to, the 22
Homeland Security Act of 2002, Pub. L. 107-296, as amended. 23
Section B. Because immediate action is necessary to 1
address the urgent need of Missouri law enforcement agencies 2
to be able to ensure and provide for the safety and security 3
of Missouri residents from the threat that weaponized 4
unmanned aircraft systems present to Missouri, the enactment 5
of sections 589.900 and 589.902 and the repeal and 6
reenactment of section 577.800 of this act are deemed 7
necessary for the immediate preservation of the public 8
health, welfare, peace, and safety, and is hereby declared 9
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to be an emergency act within the meaning of the 10
constitution, and the enactment of sections 589.900 and 11
589.902 and the repeal and reenactment of section 577.800 of 12
this act shall be in full force and effect upon its passage 13
and approval. 14
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