Missouri House of Representatives holds hearing on drone legislation

Jan. 30—Rep. Dean VanSchoiack, R-Savannah, testified before the Missouri House of Representatives Special Committee on Homeland Security Monday for his bills regulating drone use in the state.

VanSchoiack filed two bills addressing unmanned aircraft in Missouri: HB 178, which would make it illegal to fly a drone over personal property without permission, and HB 179, which would increase the penalty for flying a drone over open-air venues, like stadiums.

During his testimony, VanSchoiack noted the Chiefs saw 15 unauthorized drones flying above the GEHA Field at Arrowhead Stadium during the 2022 Chiefs vs. Bills playoff game.

Richard AuBuchon testified on behalf of the Kansas City Chiefs Football Club to support the legislation.

"We certainly see this issue is covered by federal law, but it's only one hour before and after of that particular event," AuBuchon said. "So, those events that are not sporting events and games, this would cover and our security team believes this would be helpful for our crowds."

HB 179 would change the current penalty for flying an unauthorized drone over an open-air facility like a stadium, from an infraction that can lead to a fine, to a class A misdemeanor, which would be punishable up to a year in jail and no more than a $2,000 fine. It also removes the requirement for open-air facilities to post a warning sign.

Representatives from Missouri Farm Bureau, Missouri Cattlemen's Association and Kansas City Chiefs Football Club all testified supporting the bill. No one testified against or for informational purposes.

During his opening testimony, VanSchoiack called drone legislation a property rights issue.

"When we buy a property, a piece of real estate, we bought a bundle of rights to go with that property. That's what we're really buying is a bundle of rights," VanSchoiack said. "We're buying the right of possession the right of control, the right of exclusion, the right of enjoyment and the right of disposition."

HB 178 establishes a class A misdemeanor for launching, landing or operating a drone within private property without permission from the property owner. The bill establishes exceptions for public and private utilities and electric cooperatives, federally certified pilots, first responders, the Federal Railroad Administration, realtors and land surveyors and insurance companies.

VanSchoiack shared a testimony from a couple in Humansville, which is north of Springfield, Gene and Tamara Chastain.

"We've had hunters flying drones over our farm for the purpose of herding deer off our land," VanSchoiack said, reading the Chastains' testimony. "Drones slide over and across our property end up scaring our horses and livestock, which could cause them or the people caring for them serious injury or death."

Committee member Rep. Barbara Phifer, D-St. Louis, raised her concern about children accidentally flying a flying toy into a neighbor's property being faced with a class A misdemeanor.

"I immediately thought about my grandchildren who have had little helicopters and things like that, and they don't fly them very well," Phifer said during the hearing.

VanSchoiack acknowledged the legislation would include those toys, since they are unmanned aircraft, however, that it might be something to look at.

"We don't want to make kids' toys get them in trouble," VanSchoiack said.

Representatives from Missouri Farm Bureau, Missouri Cattlemen's Association, Missouri Realtors, Missouri Railroad Association and Missouri Broadband Providers all testified supporting the bill. No one testified against or for informational purposes.