SS/HCS/HB 369 - This act modifies provisions relating to land management, including the purchase of cemeteries, control of feral swine on land, liability of landowners, and searches of private property.
PURCHASE OF THE ANTIOCH CEMETERY (SECTION 253.387)
This act authorizes the Department of Natural Resources to acquire by purchase or gift the Antioch Cemetery in Clinton, Missouri, to be operated and maintained by the Division of State Parks within the Department. The Department shall make adequate provisions for the proper care, maintenance, and safekeeping of the property.
The Department is required to allow for burials to continue until all plots have been purchased. The Department shall charge no more than $100 per burial to be credited to the "Antioch Cemetery Fund", established in the act. The Department shall not be liable for additional costs associated with the burial.
This provision is identical to a provision in HCS/SCS/SB 40 (2021), SB 396 (2021), and HB 395 (2021) and is similar to HB 1556 (2020).
FERAL SWINE (SECTIONS 270.170, 270.180, 270.260, 270.270, AND 270.400)
This act modifies provisions relating to feral swine.
The act removes the phrase "or sheep" from provisions of law relating to certain animals running at large.
The act repeals a definition for "feral hog" and replaces it with a definition for "feral swine". Additionally, the term "feral hog" is replaced with "feral swine" throughout the act.
Any person who recklessly or knowingly releases any swine to live in a wild or feral state may be sentenced to pay a fine up to $2,000.
Provisions of law relating to the release of feral swine shall not be construed to criminalize the release of domestic swine into a facility under a Department of Conservation permit or to hinder the ability to transport domestic swine to market or slaughter.
Any person possessing or transporting feral swine on or through public land is guilty of a Class A misdemeanor. Any person shall be found guilty of a Class E felony if he or she has previously been found guilty of possessing or transporting feral swine on or through public land within ten years of the date of the occurrence of the present offense and is subsequently found guilty.
Provisions of law relating to the possession or transportation of feral swine shall not apply to the possession of the offspring of domestic swine that are unintentionally sired by feral swine and are reported to the state veterinarian as set forth in the act.
Any person who takes or kills a feral swine on public or private land without the consent of the landowner or with the use of an artificial light or thermal imagery is guilty of a Class A misdemeanor.
Finally, the act repeals rulemaking authority for the Director of the Department of Agriculture for health standards for certain wild swine and repeals provisions of law creating the Animal Health Fund.
These provisions are identical to SCS/HCS/HB 508 (2021) and are similar to SCS/SB 236 (2021), SB 1059 (2020), and HCS/HB 1798 (2020).
LIABILITY FOR INHERENT RISKS OF CAMPING ON PRIVATE CAMPGROUNDS (SECTION 537.328)
This act prohibits a private campground owner or employee or officer of a private campground owner from being liable for acts related to camping at a private campground if the injury or damage occurred as a result of an inherent risk of camping, as described within the act. This act does not apply to actions arising under the Missouri Workers' Compensation Law. Additionally, this act does not prevent or limit liability of an owner, employee, or officer who intentionally causes injury, death, or damage, who acts with a willful or wanton disregard for the safety of the person or property damaged, who fails to use the degree of care that an ordinarily careful and prudent person would use under the circumstances, or who fails to conspicuously post warning signs of known dangerous conditions on the property. Warning signs are required to appear in black letters of at least one inch in height on a white background. Warning signs and written contracts entered into by an owner, employee, or officer shall contain a warning notice, as specified in the act.
This provision is identical to SB 50 (2021), HB 72 (2021), a provision in HCS/SCS/SB 119 (2021), in HCS/SB 377 (2021), in the perfected HCS/HB 922 (2021), HB 1070 (2021), and SCS/SB 783 (2020), and is similar to HA#5 to HCS/SCS/SB 662 (2020), HB 1302 (2020), and HB 398 (2019).
LIABILITY OF LANDOWNERS FOR RECREATIONAL PURPOSES (SECTIONS 537.346 AND 537.348)
This act provides that no owner of land shall be liable for a trespasser's injuries that occur on his or her residential area or noncovered land if such area or land is adjacent to a park or trail and the trespasser accessed the area or land from the adjacent park or trail. The term "residential area" is currently defined as a tract of land of one acre or less predominately used for residential purposes, or a tract of land of any size used for multifamily residential services. This act repeals this definition and provides that the term "residential area" means land used for residential purposes in an area in which housing predominates, as opposed to industrial or commercial areas, and any land used for farming or agricultural purposes.
Additionally, this act repeals the provision providing that the limitations on liability for owners of land used for recreational purposes does not limit liability that would otherwise be incurred for those who use the land of others, or by owners of land for injuries occurring on or in any land within the corporate boundaries of any city, municipality, town, or village in this state.
These provisions are identical to provisions in SCS/SB 306 (2021) and in SCS/SB 411 (2021), is substantially similar to provisions in HCS/HB 519 (2021), HCS/HB 441 (2021), and HB 806 (2021), and contains a provision similar to HB 2181 (2020).
LIABILITY OF LANDOWNERS FOR WILDLIFE MANAGEMENT PROGRAMS (SECTION 537.347)
Currently, a landowner who invites or permits any person to enter onto his or her land for recreational use in compliance with a state-administered recreational access program does not extend any assurance that the premises are safe, confer a duty requiring special or reasonable care, or assume liability for injuries caused by any condition on the premises or by an act or omission of any other person. This act extends these provisions to landowners of property used for recreational purposes in compliance with a state-administered wildlife management program.
This provision is identical to HCS/SB 377 (2021), HB 573 (2021), a provision in SCS/SB 306 (2021), and in HCS/HB 519 (2021).
LIABILITY OF LANDOWNERS FOR PRESCRIBED BURNS (SECTION 537.354)
This act establishes the Prescribed Burning Act, which specifies that no landowner or agent of a landowner shall be liable for damages caused by a prescribed burning conducted in accordance with a prescribed burn plan or the resulting smoke of such a prescribed burning unless the landowner or agent is proven to be negligent. Additionally, unless proven to be negligent, no certified burn manager shall be liable for damages caused by a prescribed burning or the resulting smoke conducted in accordance with a prescribed burn plan.
This act shall not apply to any property, land, right-of-way, or easement owned by a public utility, municipally-owned utility, rural electric cooperative, corporation organized for the purpose of supplying electric energy, or electric corporations operating under a cooperative business plan. Additionally, this act shall not apply to any property, land, right-of-way, or easement appurtenant or incidental to lands controlled by any railroad.
This provision is substantially similar to SCS/SB 301 (2021) and is similar SCS/SB 661 (2020), HCS/HB 1547 (2020), and HB 978 (2019).
SURVEILLANCE AND SEARCHES OF PRIVATE PROPERTY (SECTION 542.525)
This act provides that no employee of a state agency or a political subdivision shall place any surveillance camera or game camera on private property without first obtaining consent from the landowner or his or her designee, a search warrant pursuant to law, or permission from the highest ranking law enforcement chief or officer of the agency or political subdivision, provided that permission of the highest ranking law enforcement chief or officer is valid only when the camera is facing a location that is open to public access or use and the camera is located within 100 feet of the intended surveillance location.
This provision is similar to a provision in the perfected HCS/HB 682 (2021) and HB 1166 (2021).