Send in the
drones clowns. There are priorities and then there are priorities. A bill, third read and passed on Thursday:
FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 46
97TH GENERAL ASSEMBLY
0371H.02P D. ADAM CRUMBLISS, Chief Clerk
To amend chapter 305, RSMo, by adding thereto four new sections relating to aerial surveillance, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 305, RSMo, is amended by adding thereto four new sections, to be known as sections 305.635, 305.637, 305.639, and 305.641, to read as follows:
305.635. 1. Sections 305.635 to 305.641 shall be known and may be cited as the “Preserving Freedom from Unwarranted Surveillance Act”.
2. As used in sections 305.635 to 305.641, the following terms shall mean:
(1) “Drone”, any powered, aerial vehicle that:
(a) Does not carry a human operator;
(b) Uses aerodynamic forces to provide vehicle lift;
(c) Can fly autonomously or be piloted remotely;
(d) Can be expendable or recoverable; and
(e) Can carry a lethal or non-lethal payload.
(2) “Unmanned aircraft”, an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
(3) “Manned Aircraft”, an aircraft that is operated by a human on board the aircraft.
(4) “Model aircraft”, an unmanned aircraft that is:
(a) Capable of sustained flight in the atmosphere;
(b) Flown within visual line of sight of the person remotely operating the aircraft; and
(c) Flown for hobby or recreational purposes.
(5) “Law enforcement agency”, any state, county, or municipal law enforcement agency in the state. The term law enforcement agency shall not include the Missouri department of corrections, or any state, county, or municipal fire department.
305.637. 1. No person, entity, or state agency shall use a manned aircraft, drone, or unmanned aircraft to gather evidence or other information pertaining to criminal conduct or conduct in violation of a statute or regulation except to the extent authorized in a warrant.
2. No person, entity, or state agency shall use a manned aircraft, drone, or unmanned aircraft to conduct surveillance or observation under the doctrine of open fields of any individual, property owned by an individual, farm, or agricultural industry without the consent of that individual, property owner, farm or agricultural industry.
3. No person, group of persons, entity, or organization, including, but not limited to, journalists, reporters, or news organizations, shall use a drone or other unmanned aircraft to conduct surveillance of any individual or property owned by an individual or business without the consent of that individual or property owner.
305.639. 1. This act does not prohibit the use of a manned aircraft, drone, or unmanned aircraft by:
(1) A law enforcement agency when exigent circumstances exist. For the purposes of this section, exigent circumstances exist if a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action to prevent imminent danger to life is necessary; or
(2) A Missouri-based higher education institution conducting educational, research, or training programs within the scope of its mission, grant requirements, curriculum or collaboration with the United States Department of Defense.
2. This act does not prohibit the use of a model aircraft.
305.641. 1. Any aggrieved party may in a civil action obtain all appropriate relief to prevent or remedy a violation of this act.
2. No information obtained or collected in violation of this act may be admissible as evidence in a criminal proceeding in any court of law in the state or in an administrative hearing.
3. Sovereign immunity for the state of Missouri is waived for any civil action resulting from a violation of sections 305.635 to 305.641.
Section B. Because of the need to protect Missourians from invasions of privacy in the state, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect July 1, 2013, or upon its passage and approval, whichever later occurs.
[emphasis in original]
Really. All the black helicopters need when they start identifying people for the big round up into FEMA reeducation camps are those Gadsden flag license plates.
Who voted for this paranoid fantasy?:
JOURNAL OF THE HOUSE [pdf]
First Regular Session, 97th GENERAL ASSEMBLY
FORTY-SIXTH DAY, THURSDAY, APRIL 4, 2013
On motion of Representative Guernsey, HCS HB 46 was read the third time and passed by
the following vote:
Allen Anderson Bahr Barnes Bernskoetter
Berry Brattin Burlison Cierpiot Conway 104
Cookson Cornejo Crawford Curtman Davis
Dohrman Dugger Ellington Elmer Entlicher
Fitzpatrick Fitzwater Flanigan Fraker Franklin
Frederick Funderburk Gatschenberger Gosen Guernsey
Haefner Hansen Hicks Hinson Hoskins
Hough Houghton Hurst Johnson Jones 50
Keeney Kelley 127 Koenig Kolkmeyer Korman
Lair Lant Leara Lichtenegger Love
Lynch McGaugh Messenger Morris Muntzel
Neth Parkinson Pfautsch Pike Pogue
Rehder Reiboldt Remole Rhoads Richardson
Riddle Ross Rowland Scharnhorst Schatz
Schieffer Shull Shumake Smith 85 Solon
Sommer Spencer Stream Swan Thomson
Torpey Walker Wieland Wilson Wood
Zerr Mr Speaker
Anders Austin Black Burns Butler
Carpenter Colona Conway 10 Cox Cross
Curtis Dunn Ellinger Engler English
Englund Fowler Frame Gannon Gardner
Haahr Harris Higdon Hodges Hubbard
Hummel Justus Kelly 45 Kirkton Kratky
LaFaver Lauer Marshall May Mayfield
McCaherty McCann Beatty McDonald McManus McNeil
Meredith Miller Mims Mitten Montecillo
Morgan Neely Newman Nichols Norr
Otto Pace Phillips Pierson Rizzo
Roorda Rowden Runions Schieber Schupp
Swearingen Walton Gray Webb Webber White
Medicaid or jobs anyone?