A bill originally related to drone regulation was given final approval by the Senate on Wednesday after having its title changed and receiving 44 amendments from the House last Tuesday.
The Senate’s approved version of the bill removed some of the House’s amendments and now returns it to the House for confirmation.
Senate Bill 1421, sponsored by Sen. Nick Schroer, R-Defiance, aims to tighten restrictions on drone usage near sensitive locations. The underlying bill places restrictions on the use of drones or unmanned aircraft near open-air facilities and critical infrastructure. This legislation does not apply to authorized individuals such as peace officers and those using a drone for commercial purposes.
However, the first amendment was adopted in the House, changing the title of the bill to “relating to public safety,” allowing representatives to attach stalled legislation stuck in the House or Senate to Schroer’s bill. These loaded-up bills are commonly referred to as a “Christmas tree” bill.
Not all the amendments made it as the bill was transferred to a joint House and Senate conference committee where three amendments were trimmed.
Schroer described the pared-back bill as a “beautiful bouquet” rather than a “Christmas tree.”
Adopted amendments
House Amendment 44, sponsored by Rep. Mark Sharp, D-Kansas City, known as “Bentley and Mason’s Law,” mandates that if a person charged with driving while intoxicated causes the death of a parent or guardian, the convicted individual can be subject to paying child maintenance to the child of the deceased parent or guardian.
House Amendment 3, sponsored by Rep. Bishop Davidson, R-Republic, would create an automated expungement system for those charged with low-level drug offenses who have received a final conviction. If the offense is eligible for expungement, the record will be closed and the individual will have their legal status before their arrest restored.
House Amendment 17, sponsored by Rep. Raychel Proudie, D-Ferguson, created a registry for persistent domestic violence offenders available to the public online. Additionally, this amendment requires the defendant to register as a persistent domestic violence offender and pay a $150 fee.
House Amendment 2, sponsored by Rep. Holly Jones, R-Eureka, would allow school districts to install safety cameras on school buses if approved by the school district’s board. This amendment would also create the “Missouri Rangers” training program. Those trained and certified as rangers would be responsible for crises at schools, carry firearms and have limited arrest powers.
House Amendment 13, sponsored by Rep. Darin Chappell, R-Rogersville, would authorize those working for the attorney general’s office to carry firearms, and includes legislation that expanded freedoms related to concealed carry in a public setting.
Along with the aforementioned amendments, there are 37 amendments to this legislation that made it through the conference committee.
The last inquiry on the bill in the Senate regarded the bill’s constitutionality. Given the many different amendments added to the legislation, Sen. Mike Moon, R-Ash Grove, said that he is concerned that the courts may find an issue with one amendment and take the bill down altogether.
The Missouri Constitution mandates that a bill must have an original purpose and that its various amendments be related.
Schroer cited a beefed-up severance clause on the last page as an assurance that the bill will not be affected by the courts. Schroer said that the language is consistent with what the courts have upheld. A severability clause allows the court to only strike the portion of the legislation deemed unconstitutional.
“I think they could discount that severability clause and still strike a bill,” Moon said. “I made this statement earlier in this session that I hope we would stay more streamlined and focused, so we wouldn’t even risk a challenge.”