HCS/SB 686 - This act modifies provisions relating to transportation.CONFIDENTIALITY OF MOTOR VEHICLE REGISTRATIONS (Section 32.056)
This act adds persons employed by the Department of Corrections, and jailers and correctional officers of the state or of a political subdivision of the state, to the list of persons whose home address and identifying vehicle information shall not be released by the Department of Revenue except as required under federal law.
These provisions are identical to HB 1418 (2020), provisions in HCS/SS#2/SCS/SB 523 (2020), provisions in SS/SB 600 (2020), provisions in HCS/SB 782 (2020), provisions in HCS/SB 774 (2020), provisions in HCS/SCS/SB 867 (2020), provisions in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 147 (2019), substantially similar to provisions in SS/SCS/HB 113 (2019), and similar to HCS/HB 1134 (2019).
DIGITAL DRIVER'S LICENSES (Section 32.450)
This act authorizes the Department of Revenue to design and implement a secure digital driver's license program that allows license applicants to obtain a digital driver's license in addition to a card-based license. The digital license shall be accepted for all purposes for which a card-based license is used. The Department may contract with one or more entities to develop the digital driver's license system, and the Department or entities may develop a mobile software application capable of being utilized through a person's electronic device to access an image of the person's digital driver's license. The Department shall suspend, disable, or terminate a person's participation in the digital driver's license program if the driver's driving privilege is suspended, revoked, denied, withdrawn, or cancelled as provided by law, or if the person reports their electronic device has been lost, stolen, or compromised.
These provisions are identical to HB 2280 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020), and similar to provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in SB 906 (2020), provisions in SB 200 (2019), provisions in SCS/HB 584 (2019), and provisions in HCS/HB 679 (2019).
ADVANCED INDUSTRIAL MANUFACTURING ZONES (Section 68.075)
Under current law, no advanced industrial manufacturing (AIM) zone may be established after August 28, 2023. This act extends such date to August 28, 2030.
This provision is identical to HB 2334 (2020) and SB 636 (2020), and identical to a provision in HCS/SS/SCS/SB 570 (2020), a provision in HCS/SS/SCS/SB 594 (2020), a provision in HCS/SB 782 (2020), a provision in HCS/SCS/SB 725 (2020), and a provision in HCS/SCS/SB 867 (2020).
DEPARTMENT OF REVENUE FEE OFFICES (Section 136.055)
Current law allows the Department of Revenue to promulgate rules and regulations for the awarding of fee office contracts, including preferences for certain non-profit organizations. This act replaces a portion of such preferences with a preference for "Missouri not-for profit corporations", and requires such rules to include a preference for persons and entities based in a location near the fee office location. If the Department utilizes any scoring mechanism for evaluating bids, such mechanism shall award bonus points based on the proximity between where the person or entity is based and the location of the fee office, as described in the act. Persons and entities that are residents of this state, as described in the act, shall be awarded a bonus of ten percent of the total available points.
No contract shall be awarded to a person or entity that is not in compliance with these provisions, or to an entity that has not been registered with the Secretary of State for at least one year.
These provisions are identical to provisions in HB 1800 (2020), provisions in HCS/SB 782 (2020), and provsions in HCS/SCS/SB 867 (2020), and similar to SB 777 (2020) and HCS/HB 2121 (2020).
TAXATION OF LIMITED FLIGHT HOUR AIRCRAFT (Section 137.115)
This act increases, from 50 to 200, the maximum amount of flight hours a noncommercial aircraft may be operated and still subject to a personal property tax rate of 5 percent of their true value in money rather than the standard rate.
These provisions are identical provisions in HCS/HB 1333 (2020) and provisions in HCS/SB 782 (2020), and similar to HB 1284 (2020) and HB 1209 (2019).
QUALIFIED AIR FREIGHT FORWARDERS (Section 143.441)
This act adds "qualified air freight forwarders", as defined in the act, to the definition of "corporation" as a transportation corporation for the purposes of corporate income allocation.
These provisions are identical to HB 2213 (2020), identical to provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SB 782 (2020), (2020), provisions in HCS/SCS/SB 867 (2020), provisions in HCS/HB 1333 (2020), and provisions HCS/HB 2303 (2020), and substantially similar to SB 801 (2020), provisions in SB 659 (2020), provisions in SCS/SB 648 (2020), provisions in HB 2238 (2020), and provisions in SS/SCS/SBs 46 & 50 (2019).
TAXATION OF AVIATION JET FUEL (Section 144.805)
Current law provides a sales tax exemption for aviation jet fuel used by common carriers engaged in the interstate air transportation of passengers and cargo, with such exemption set to expire on December 31, 2023. This act extends such expiration date until December 31, 2033.
These provisions are identical to SB 1003 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/HB 1333 (2020), provisions in HCS/HB 2303 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A CORRECTIONAL CENTER (Section 217.850)
Under this act, a person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely:
• Operates an unmanned aircraft within a vertical distance of 400 feet over a correctional center's secure perimeter fence; or
• Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility.
The act sets forth exceptions to when use of an unmanned aircraft over a correctional center shall not be prohibited.
The offense of unlawful use of an unmanned aircraft over a correctional center is punishable as an infraction unless the person using the unmanned aircraft is:
• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony;
• Facilitating an escape from confinement, in which case the offense is a Class C felony; or
• Delivering a controlled substance, in which case the offense is a Class D felony.
These provisions are similar to SB 778 (2020), identical to provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in SS#2/SCS/HB 1450, HB 1296, HCS/HB 1331, & HCS/HB 1898 (2020), provisions in HCS/SS#2/SCS/SB 523 (2020), provisions in HCS/SS/SB 600 (2020), provisions in HCS/SCS/SB 617 (2020), provisions in HCS/SS/SB 644 (2020), and provisions in HCS/SB 774 (2020), and is similar to provisions in SCS/SB 602 (2020).
DUANE S MICHIE MEMORIAL HIGHWAY (Section 227.479)
This act designates the portion of State Highway D from the intersection with State Highway 84 continuing north to County Road 321 in Pemiscot County the "Duane S Michie Memorial Highway".
These provisions are identical to provisions in HB 2129 (2020), and to provisions in HCB 11 (2020).
DEPUTY SHERIFF AARON P ROBERTS MEMORIAL HIGHWAY (Section 227.485)
This act designates the portion of State Highway H from Interstate 44 West continuing north to County Road 88 in Greene County as "Deputy Sheriff Aaron P Roberts Memorial Highway".
These provisions are identical to HB 2543 (2020).
TUBE TRANSPORT SYSTEMS (Section 227.600)
This act modifies the Missouri Public-Private Partnerships Transportation Act to authorize the Missouri Highways and Transportation Commission to form a public-private partnership to construct a "tube transport system", as defined in the act.
Under the act, the Missouri Highways and Transportation Commission shall have the authority to enter into an agreement with a private partner to utilize rights-of-way of a state-maintained roadway for the construction of a tube transport system. The Director of the Department of Transportation shall apply for any necessary federal approvals to utilize the rights-of-way for a tube transport system.
These provisions are similar to provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
ALTERNATIVE COUNTY HIGHWAY COMMISSIONS (Section 230.205)
Currently a county that has adopted the alternative county highway commission as provided by law may only abolish it by a vote of the people. This act specifies that the alternative commission may also be abolished by a vote of the county's governing body.
Currently, once the alternative county highway commission is abolished, the county shall revert to the standard county highway commission framework as provided by law. This act specifies that the county may instead adopt county road overseers, as provided by law.
These provisions are identical to provisions in HB 1403 (2020), provisions in HCS/SS/SCS/SB 594 (2020), and provisions in HCS/SS/SB 725 (2020).
AUTOCYCLES (Section 301.010(2))
This act modifies the definition of "autocycle" by removing the requirement that the vehicle be designed to be controlled with a steering wheel and pedals.
This provision is identical to HB 1641 (2020), a provision in HCS/SB 782 (2020), and a provision in HCS/SCS/SB 867 (2020).
MOTOR VEHICLE REGISTRATION PERIODS (Section 301.030)
This act specifies that fees for the renewal of noncommercial motor vehicle registrations shall be payable no later than the last day of the month that follows the final month of the expired registration period. No renewal penalty shall be assessed, and no violation for expired registration shall be issued, until the second month that follows the expired registration period.
These provisions are identical to provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SCS/SB 867 (2020), and provisions in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 147 (2019).
FLEET VEHICLE REGISTRATIONS (Section 301.032)
This act provides that the registration for fleet vehicles shall be fully payable at the time the license plates are ordered, except that when the plates are ordered after the first month of registration, the fees shall be prorated.
These provisions are identical to SB 1058 (2020), HB 2444 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
PURPLE HEART SPECIAL LICENSE PLATES (Section 301.451)
Currently, a recipient of the Purple Heart medal shall be charged only regular registration fees to be issued Purple Heart special license plates from the Department of Revenue.
This act exempts Purple Heart special license plates from vehicle registration fees for the first set of the plates issued to an eligible person.
Under the act, any registered co-owner of the vehicle shall be entitled to use and renew the plates until he or she remarries, or for the rest of his or her life if he or she does not remarry.
These provisions are identical to provisions in HB 1800 (2020), provisions in HCS/SB 656 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
MOTOR VEHICLE HISTORY REPORTS (Section 301.576)
This act provides that motor vehicle dealers shall not be liable for inaccuracies in third-party motor vehicle history reports when the inaccuracy is not based on information provided to the third-party preparer of the report by the dealer. This act shall not apply if the dealer has actual knowledge of a vehicle's accident, salvage, or service history not reflected on a third-party motor vehicle report, as defined in the act.
These provisions are identical to HCS/HB 1959 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SCS/SB 662 (2020), provisions in HCS/SB 782 (2020), provisions in SCS/SB 809 (2020), and provisions in HCS/SCS/SB 867 (2020).
CENTRAL MISSOURI HONOR FLIGHT SPECIAL LICENSE PLATES (Section 301.3069)
This act establishes a "Central Missouri Honor Flight" special license plate. The plate requires an annual emblem-use fee of $25, paid to Central Missouri Honor Flight and to be used for financial assistance to transport veterans to Washington D.C. to view veteran memorials, in addition to the $15 special personalized license plate fee and other requirements and fees as provided by law.
These provisions are identical to provisions in HCS/HB 1473 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SB 656 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
BOY SCOUTS OF AMERICA SPECIAL LICENSE PLATES (Section 301.3139)
This act specifies that the statutorily-created Boy Scouts of America special license plate shall not be subject to the requirement that an organization applying to the Department of Revenue for an administratively-created special license plate shall submit a list of 200 potential applicants with its application.
This provision is identical to HB 1704 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
MERITORIOUS SERVICE MEDAL SPECIAL LICENSE PLATES (Section 301.3159)
This act establishes a "Meritorious Service Medal" special license plate. Applicants shall provide proof of having been awarded the medal as required by the Director of the Department of Revenue. There shall be an additional fee for issuance of the plates equal to the $15 special personalized license plate fee. Meritorious Service Medal license plates shall not be transferable to any other person, except that any registered co-owner of the motor vehicle shall be entitled to operate the motor vehicle with such plates for the duration of the year licensed in the event of the death of the qualified person.
These provisions are identical to HB 2249 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/HB 1473 (2020), provisions in HCS/SB 656 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
ASSOCIATION OF MISSOURI ELECTRIC COOPERATIVES SPECIAL LICENSE PLATE (Section 301.3174)
This act repeals a restriction on the vehicle types for which the Association of Missouri Electric Cooperatives may approve the use of its logo on special license plates, and directs the Department of Revenue to issue the special plates for non-apportioned vehicles of any classification for which it issues plates.
These provisions are identical to HCS/HB 2040 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SCS/SB 867 (2020), provisions in HCS/HB 1473 (2020), and provisions in HCS/SB 782 (2020).
MOTORCYCLE HEADGEAR REQUIREMENTS (Sections 302.020 and 302.026)
Currently, every person operating or riding a motorcycle or motortricycle is required to wear protective headgear.
This act provides that persons under the age of 18 who are operating or riding as a passenger on a motorcycle or motortricycle shall wear a helmet when the vehicle is in motion. Similarly, a person who is 18 or older, is operating a motorcycle or motortricycle, and who has been issued an instruction permit shall wear a helmet when the vehicle is in motion. (Section 302.020.2)
This act also provides that qualified operators who are 18 or older may operate a motorcycle or motortricycle without a helmet if he or she is covered by a health insurance policy or other form of insurance which will provide the person with medical benefits for injuries incurred as a result of a motorcycle or motortricycle accident. Proof of such coverage shall be provided on request of law enforcement by showing a copy of the qualified operator's insurance card. No person shall be stopped, inspected, or detained solely to determine compliance with these provisions. (Section 302.026)
These provisions are similar to SCS/SB 590 (2020), HB 2193 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), and provisions in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 147 (2019).
PROOF OF RESIDENCY ACCEPTED BY THE DEPARTMENT OF REVENUE (Section 302.171)
This act provides that the Director of the Department of Revenue shall accept electronic versions of the documents required to verify Missouri residency.
These provisions are identical to HB 1744 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
MEDICAL ALERT NOTATIONS ON DRIVER'S LICENSES (Section 302.205)
This act allows for medical alert notations to be placed on driver's licenses and non-driver's identification cards for posttraumatic stress disorder, diabetes, heart conditions, epilepsy, drug allergies, Alzheimer's or dementia, schizophrenia, autism, or other conditions as approved by the Department of Revenue.
Persons applying for a medical alert notation shall waive liability for the release of any medical information to the Department, anyone eligible for access to such medical information recorded on a driving record, and any other person who may view or receive notice of the medical information by virtue of having seen the license. The application shall include a space for applicants to obtain a sworn statement from a licensed physician or licensed psychologist verifying the diagnosis.
Individuals who have been issued licenses or identification cards bearing medical alert information may be issued a replacement that does not bear the medical alert information upon payment of the fee applicable to lost licenses or cards.
No medical alert information shall be printed on or removed from a license or identification card without the express consent of the licensee, or parent or guardian.
These provisions have a delayed effective date of July 31, 2021. (Section B).
These provisions are identical to HCS/HB 1334 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SS/SB 580 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020), and similar to HCS/HB 207 (2019), provisions in HCS/SB 371 (2019), provisions in HB 1613 (2018), and provisions in SCS/HCS/HBs 2277 & 1983 (2018).
MEDICAL CERTIFICATIONS FOR COMMERCIAL DRIVER'S LICENSES (Section 302.768.10)
This act waives certain medical certification requirements for applicants for a nonexcepted commercial driver's license during a national state of emergency related to a pandemic or outbreak of contagious disease declared by the President of the United States, provided that the applicant conforms to the requirements within 90 days after the end of the national state of emergency.
VEHICLES TOWING COTTON TRAILERS (Section 304.170)
This act exempts vehicles towing trailers specifically designed to carry harvested cotton, with a total length of not more than 93 feet, from certain height, width, and length limitations, provided that the vehicles shall only be used to haul cotton, or to haul hay within the state to areas determined by the National Drought Mitigation Center to be affected by drought.
These provisions are identical to provisions in HCS/HB 2128 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
FIRE PROTECTION VEHICLES (Sections 304.172 and 304.180)
Currently, vehicles used in fire protection are exempted from certain restrictions on height, width, weight, length, and load. This act repeals the exemption from weight and load restrictions. (Section 304.172)
The act instead specifies that emergency vehicles designed to be used under emergency conditions to transport personnel and equipment and to "support the suppression of fires and" mitigate hazardous situations may have a maximum gross vehicle weight of 86,000 pounds as specified in the act, "except that, such emergency vehicles shall only operate on the Dwight D. Eisenhower National System of Interstate and Defense Highways." (Section 304.180)
These provisions are identical HB 2539 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/HB 2128 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
ABANDONED OR DERELICT AIRCRAFT (Sections 305.800, 305.802, 305.804, 305.806, 305.808, and 305.810)
This act specifies that if a derelict or abandoned aircraft is discovered on an airport's property, the airport superintendent shall make a record of the date it was discovered, and inquire with the Federal Aviation Administration or an aircraft title search company as to the owner and any lienholders. The superintendent shall, within 10 days of receiving this information, notify the owner and any interested parties by certified mail of the aircraft's location, what fees and charges have accrued, that the aircraft is subject to an enforceable lien, that the airport may dispose of the aircraft if the owner or interested party does not move the aircraft and pay any accrued costs within 30 days, and that the airport may remove the aircraft in less than 30 days if it poses a danger to health or safety. If the owner of the aircraft can not be determined, the superintendent may post the required notice on the aircraft as specified in the provisions. (Section 305.802)
If the owner or other interested party does not remove the aircraft within 30 days and pay all accrued costs, or shows reasonable cause for a failure to do so, the superintendent may retain, trade, sell at auction, or dispose of the aircraft as specified in the act. If the proceeds from sale of the aircraft is less than the fees and charges against it, the owner of the aircraft shall remain liable for the balance due. All expenses for the removal, storage, and sale of the aircraft shall be recoverable against the owner of the aircraft. (Section 305.804)
This act specifies a process for airport superintendents to file liens on derelict or abandoned aircraft (Section 305.806), and for release of the liens upon sale of the aircraft (Sections 305.808 and 305.810).
These provisions are identical to provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), HCS/HB 1333 (2020), provisions in HCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020), and substantially similar to SB 1027 (2020), HB 1855 (2020), and HB 1905 (2018).
TEMPORARY BOATING SAFETY IDENTIFICATION CARDS (Section 306.127)
This act extends, from December 31, 2022, to December 31, 2032, the sunset date for provisions regarding the issuance of temporary boating safety identification cards.
This provision is identical to HB 1935 (2020), provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in HCS/SS#2/SCS/SB 523 (2020), provisions in SS/SB 600 (2020), provisions in HCS/SB 782 (2020), provisions in HCS/SB 774 (2020), and provisions in HCS/SCS/SB 867 (2020).
CHILD PASSENGER RESTRAINT SYSTEMS (Section 307.179)
This act specifies that children under 2 years old shall be secured in a rear-facing child passenger restraint system when transported in a motor vehicle.
These provisions are identical to HB 2199 (2020), provisions in HCS/SB 782 (2020), provisions in HCS/SS#2/SCS/SB 523 (2020), provisions in SS/SB 600 (2020), and provisions in HCS/SB 774 (2020), similar to HB 1274 (2020), HB 621 (2019), SB 1076 (2018), HB 2304 (2018), and identical to HB 848 (2019).
POWERSPORTS DEALERS (Sections 407.1025, 407.1028, 407.1031, 407.1034, 407.1035, 407.1037, 407.1043, 407.1047, and 407.1049)
This act modifies merchandising practices regarding motorcycle and all-terrain vehicle franchises. The act replaces references to "motorcycle or all-terrain" vehicles with references to "powersport vehicles", as defined in the act.
Under the act, vehicles repurchased by the manufacturer upon discontinuation of a franchise as specified in the act shall be required to be untitled, and shall have not more than 75, rather than not more than 20, miles recorded on the odometer. (Section 407.1034(13)(a)).
These provisions are identical to HB 2032 (2020).
RECREATION VEHICLE DEALERS (Section 407.1329)
This act modifies provisions requiring recreational vehicle (RV) manufacturers to repurchase RVs and certain associated items from dealers upon the termination of an RV dealer agreement.
In addition to the circumstances already specified by law, the act provides that the dealer may elect for the manufacturer to repurchase vehicles, parts, and equipment if the dealer voluntarily terminates the agreement in a manner permitted under the agreement, or if the manufacturer terminates or discontinues a franchise by discontinuing a line-make, by ceasing to do business in the state, or by changing the distributor or method of distribution of its products in the state.
The act also replaces repurchase item categories for current model-year RVs, and for prior model year RVs drafted on the dealer's financing source or paid within 120 days prior to the end of the dealer agreement, with a single category consisting of all new untitled RV inventory acquired from the manufacturer in the past 18 months. The new category eliminates the specific requirement that the vehicles have not been used, and provides that the vehicles shall be repurchased at "one hundred percent of net invoice cost, including transportation, less applicable rebates and discounts to the dealer", rather than specifying that the repurchase price shall be reduced by the cost to repair any damages not required by law to be disclosed.
The manufacturer shall pay the dealer within 30 days of receipt of all items returned for repurchase as provided by law.
These provisions are identical to HCS/HB 1912 (2020), substantially similar to SB 982 (2020), and similar to provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in SCS/SB 782 (2020), and provisions in HCS/SCS/SB 867 (2020).
VICTIM IMPACT PROGRAMS FOR DWI OFFENDERS (Section 577.011)
This act provides that in addition to other terms and conditions imposed on a person who has pled guilty to or been found guilty of driving while intoxicated, such person shall complete a victim impact program approved by the court. Such person shall be responsible for any charges imposed by the victim impact program.
These provisions are identical to HCS/HB 1488 (2020), provisions in HCS/SS#2/SCS/SB 523 (2020), and provisions in HCS/SB 774 (2020).
OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER AN OPEN AIR FACILITY (Section 577.800)
A person commits the offense of unlawful use of unmanned aircraft over an open air facility if he or she purposely:
• Operates an unmanned aircraft within a vertical distance of 400 feet from the ground and within the property line of an open air facility; or
• Uses an unmanned aircraft with the purpose of delivering to a person within an open air facility a gun, knife, weapon, or other dangerous article or a controlled substance.
The act sets forth exceptions to when use of an unmanned aircraft over an open air facility shall not be prohibited.
The offense of unlawful use of an unmanned aircraft over an open air facility is punishable as a class A misdemeanor unless the person using the unmanned aircraft is:
• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an employee or guest at such a facility, in which case the offense is a Class B felony; or
• Delivering a controlled substance, in which case the offense is a Class D felony.
These provisions are identical to provisions in HCS/HB 1898 (2020).
These provisions are similar to provisions in the truly agreed to and finally passed SS#3/SCS/HB 1963 (2020), provisions in SS#2/SCS/HB 1450, HB 1296, HCS/HB 1331, & HCS/HB 1898 (2020), provisions in HCS/SS/SB 644 (2020), provisions in HCS/SS#2/SCS/SB 523 (2020), provisions in HCS/SS/SB 600 (2020), provisions in SCS/SBs 602, 778, & 561 (2020), provisions in HCS/SCS/SB 617 (2020), provisions in HCS/SB 686 (2020), provisions in HCS/SB 774 (2020), and SB 194 (2019).
OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A MENTAL HEALTH HOSPITAL (Section 632.460)
A person commits the offense of unlawful use of unmanned aircraft over a mental health hospital if he or she purposely:
• Operates an unmanned aircraft within a vertical distance of 400 feet over the mental health hospital's property line; or
• Uses an unmanned aircraft to deliver to a person confined in a mental health hospital a gun, knife, weapon, or other dangerous article or a controlled substance.
The act sets forth exceptions to when use of an unmanned aircraft over a mental health hospital shall not be prohibited.
The offense of unlawful use of an unmanned aircraft over a mental health hospital is punishable as an infraction unless the person using the unmanned aircraft is:
• Delivering a gun, knife, weapon, or other article that can be used to endanger the life of a patient or mental health center employee, in which case the offense is a Class B felony;
• Facilitating an escape from confinement, in which case the offense is a Class C felony; or
• Delivering a controlled substance, in which case the offense is a Class D felony.
These provisions are identical to provisions in HCS/SS#2/SCS/SB 523 (2020), provisions in HCS/SCS/SB 617 (2020), provisions in HCS/SB 686 (2020), and provisions in HCS/SB 774 (2020), and similar to provisions in SS#2/SCS/HB 1450, HB 1296, HCS/HB 1331, & HCS/HB 1898 (2020), provisions in SCS/SBs 602, 778, & 561 (2020), and provisions in HCS/SS/SB 644 (2020),
and similar to SB 194 (2019).
ERIC VANDER WEERD