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Missouri House Bill HB919

Missouri 2023 Regular Session

Missouri House Bill HB919 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE COMMITTEE SUBSTITUTE FOR
66 HOUSE COMMITTEE SUBSTITUTE FOR
77 HOUSE BILLS NOS. 919 & 1081
88 102ND GENERAL ASSEMBLY
99 1937S.04C KRISTINA MARTIN, Secretary
1010 AN ACT
1111 To repeal section 105.1500, RSMo, and to enact in lieu thereof ten new sections relating to privacy
1212 protections, with penalty provisions and an emergency clause for a certain section.
1313
1414 Be it enacted by the General Assembly of the State of Missouri, as follows:
1515 Section A. Section 105.1500, RSMo, is repealed and ten 1
1616 new sections enacted in lieu thereof, to be known as sections 2
1717 105.1500, 105.1675, 476.1300, 476.1302, 476.1304, 476.1306, 3
1818 476.1308, 476.1310, 476.1313, and 565.260, to read as follows:4
1919 105.1500. 1. This section shall be known and may be 1
2020 cited as "The Personal Privacy Protection Act". 2
2121 2. As used in this section, the following terms mean: 3
2222 (1) "Personal information", any list, record, 4
2323 register, registry, roll, roster, or other compilation of 5
2424 data of any kind that direct ly or indirectly identifies a 6
2525 person as a member, supporter, or volunteer of, or donor of 7
2626 financial or nonfinancial support to, any entity exempt from 8
2727 federal income [tax] taxation under Section 501(c) of the 9
2828 Internal Revenue Code of 1986, as amended; 10
2929 (2) "Public agency", the state and any political 11
3030 subdivision thereof including, but not limited to, any 12
3131 department, agency, office, commission, board, division, or 13
3232 other entity of state government; any county, city, 14
3333 township, village, school dist rict, community college 15 SCS HCS HBs 919 & 1081 2
3434 district; or any other local governmental unit, agency, 16
3535 authority, council, board, commission, state or local court, 17
3636 tribunal or other judicial or quasi -judicial body. 18
3737 3. (1) Notwithstanding any provision of law to the 19
3838 contrary, but subject to the exceptions listed under 20
3939 [subsection] subsections 4 and 6 of this section, a public 21
4040 agency shall not: 22
4141 (a) Require any individual to provide the public 23
4242 agency with personal information or otherwise compel the 24
4343 release of personal information; 25
4444 (b) Require any entity exempt from federal income 26
4545 taxation under Section 501(c) of the Internal Revenue Code 27
4646 of 1986, as amended, to provide the public agency with 28
4747 personal information or otherwise compel the release of 29
4848 personal information; 30
4949 (c) Release, publicize, or otherwise publicly disclose 31
5050 personal information in possession of a public agency 32
5151 without the express, written permission of every individual 33
5252 who is identifiable as a financial supporter of an entity 34
5353 exempt from federal income taxation under Section 501(c) of 35
5454 the Internal Revenue Code of 1986, as amended ; or 36
5555 (d) Request or require a current or prospective 37
5656 contractor or grantee with the public agency to provide the 38
5757 public agency with a list of en tities exempt from federal 39
5858 income taxation under Section 501(c) of the Internal Revenue 40
5959 Code of 1986, as amended, to which it has provided financial 41
6060 or nonfinancial support. 42
6161 (2) All personal information in the possession of a 43
6262 public agency shall be considered a closed record under 44
6363 chapter 610 and court operating rules. 45 SCS HCS HBs 919 & 1081 3
6464 4. The provisions of this section shall not preclude 46
6565 any individual or entity from being required to comply with 47
6666 any of the following: 48
6767 (1) Submitting any report or di sclosure required by 49
6868 this chapter or chapter 130; 50
6969 (2) Responding to any lawful request or subpoena for 51
7070 personal information from the Missouri ethics commission as 52
7171 a part of an investigation, or publicly disclosing personal 53
7272 information as a result of an enforcement action from the 54
7373 Missouri ethics commission pursuant to its authority in 55
7474 sections 105.955 to 105.966; 56
7575 (3) The collection or publication of information 57
7676 contained in a financial interest statement, as provided by 58
7777 law; 59
7878 (4) Responding to any lawful warrant for personal 60
7979 information issued by a court of competent jurisdiction; 61
8080 [(4)] (5) Responding to any lawful request for 62
8181 discovery of personal information in litigation if: 63
8282 (a) The requestor demonstrates a compellin g need for 64
8383 the personal information by clear and convincing evidence; 65
8484 and 66
8585 (b) The requestor obtains a protective order barring 67
8686 disclosure of personal information to any person not named 68
8787 in the litigation; 69
8888 [(5)] (6) Applicable court rules or admitting any 70
8989 personal information as relevant evidence before a court of 71
9090 competent jurisdiction. However, a submission of personal 72
9191 information to a court shall be made in a manner that it is 73
9292 not publicly revealed and no court shall publicly reveal 74
9393 personal information absent a specific finding of good 75
9494 cause; or 76 SCS HCS HBs 919 & 1081 4
9595 [(6)] (7) Any report or disclosure required by state 77
9696 law to be filed with the secretary of state, provided that 78
9797 personal information obtained by the secretary of state is 79
9898 otherwise subject to the requirements of paragraph (c) of 80
9999 subdivision (1) of subsection 3 of this section, unless 81
100100 expressly required to be made public by state law. 82
101101 5. (1) A person or entity alleging a violation of 83
102102 this section may bring a civil action for appropriate 84
103103 injunctive relief, damages, or both. Damages awarded under 85
104104 this section may include one of the following, as 86
105105 appropriate: 87
106106 (a) A sum of moneys not less than two thousand five 88
107107 hundred dollars to compensate for injury or loss caused by 89
108108 each violation of this section; or 90
109109 (b) For an intentional violation of this section, a 91
110110 sum of moneys not to exceed three times the sum described in 92
111111 paragraph (a) of this subdivision. 93
112112 (2) A court, in rendering a judgment in an action 94
113113 brought under this section, may award all or a portion of 95
114114 the costs of litigation, including reasonable attorney's 96
115115 fees and witness fees, to the complainant in the action if 97
116116 the court determines that the award is appropriate. 98
117117 (3) A person who knowingly violates this section is 99
118118 guilty of a class B misdemeanor. 100
119119 6. This section shall not apply to: 101
120120 (1) Personal information that a person or entity 102
121121 exempt from federal income taxation under Section 501(c) of 103
122122 the Internal Revenue Code of 1986, as amended, submits or 104
123123 has previously submitted to a public agency for the purpose 105
124124 of seeking or obtaining, including acting on behalf of 106
125125 another to seek or obtain, a contract, grant, permit, 107
126126 license, benefit, tax credit, incentive, status, or any 108 SCS HCS HBs 919 & 1081 5
127127 other similar item, including a renewal of the same, 109
128128 provided that a public agency shall not require an entity 110
129129 exempt from federal income taxation under Section 501(c) of 111
130130 the Internal Revenue Code of 1986, as amended, to provide 112
131131 information that directly ide ntifies donors of financial 113
132132 support, but such information may be voluntarily provided to 114
133133 a public agency by the 501(c) entity. If a financial donor 115
134134 is seeking a benefit, tax credit, incentive, or any other 116
135135 similar item from a public agency based upon a donation, 117
136136 confirmation of specific donations by an entity exempt from 118
137137 federal income taxation under Section 501(c) of the Internal 119
138138 Revenue Code of 1986, as amended, shall be considered 120
139139 personal information voluntarily provided to the public 121
140140 agency by the 501(c) entity; 122
141141 (2) A disclosure of personal information among law 123
142142 enforcement agencies or public agency investigators pursuant 124
143143 to an active investigation; 125
144144 (3) A disclosure of personal information voluntarily 126
145145 made as part of public comm ent, public testimony, pleading, 127
146146 or in a public meeting, or voluntarily provided to a public 128
147147 agency, for the purpose of public outreach, marketing, or 129
148148 education to show appreciation for or in partnership with an 130
149149 entity or the representatives of an enti ty exempt from 131
150150 federal income taxation under Section 501(c) of the Internal 132
151151 Revenue Code of 1986, as amended, provided that no public 133
152152 agency shall disclose information that directly identifies 134
153153 an individual as a donor of financial support to a 501(c) 135
154154 entity without the express, written permission of the 136
155155 individual to which the personal information relates; or 137
156156 (4) A disclosure of personal information to a labor 138
157157 union or employee association regarding employees in a 139
158158 bargaining unit represented b y the union or association. 140 SCS HCS HBs 919 & 1081 6
159159 105.1675. 1. This section shall be known and may be 1
160160 cited as "The Anti-Surveillance and Foreign Intervention 2
161161 Act". 3
162162 2. No elected or appointed member or employee of any 4
163163 state entity shall use, operat e, or download on a state - 5
164164 owned device any social media application that is owned, in 6
165165 whole or in part, by the Chinese government or any company 7
166166 that shares its user's data with the Chinese Communist 8
167167 Party. This section shall not apply to military or law 9
168168 enforcement agencies when doing so is in keeping with the 10
169169 fulfillment of their duties. 11
170170 476.1300. 1. Sections 476.1300 to 476.1310 shall be 1
171171 known and may be cited as the "Judicial Privacy Act". 2
172172 2. As used in sections 476.13 00 to 476.1310, the 3
173173 following terms mean: 4
174174 (1) "Government agency", all agencies, authorities, 5
175175 boards, commissions, departments, institutions, offices, and 6
176176 any other bodies politic and corporate of the state created 7
177177 by the constitution or statute, whether in the executive, 8
178178 judicial, or legislative branch; all units and corporate 9
179179 outgrowths created by executive order of the governor or any 10
180180 constitutional officer, by the supreme court, or by 11
181181 resolution of the general assembly; agencies, authoriti es, 12
182182 boards, commissions, departments, institutions, offices, and 13
183183 any other bodies politic and corporate of a political 14
184184 subdivision, including school districts; and any public 15
185185 governmental body as that term is defined in section 610.010; 16
186186 (2) "Home address", a judicial officer's permanent 17
187187 residence and any secondary residences affirmatively 18
188188 identified by the judicial officer, but does not include a 19
189189 judicial officer's work address; 20 SCS HCS HBs 919 & 1081 7
190190 (3) "Immediate family", a judicial officer's spouse, 21
191191 child, adoptive child, foster child, parent, or any 22
192192 unmarried companion of the judicial officer or other 23
193193 familial relative of the judicial officer or the judicial 24
194194 officer's spouse who lives in the same residence; 25
195195 (4) "Judicial officer", actively employe d, formerly 26
196196 employed, or retired: 27
197197 (a) Justices of the Supreme Court of the United States; 28
198198 (b) Judges of the United States Court of Appeals; 29
199199 (c) Judges and magistrate judges of the United States 30
200200 District Courts; 31
201201 (d) Judges of the United States Bankruptcy Court; 32
202202 (e) Judges of the Missouri supreme court; 33
203203 (f) Judges of the Missouri court of appeals; 34
204204 (g) Judges and commissioners of the Missouri circuit 35
205205 courts, including of the divisions of a circuit court; and 36
206206 (h) Prosecuting or circuit attorney, or assistant 37
207207 prosecuting or circuit attorney; 38
208208 (5) "Personal information", a home address, home 39
209209 telephone number, mobile telephone number, pager number, 40
210210 personal email address, Social Security number, federal tax 41
211211 identification number, checking and savings account numbers, 42
212212 credit card numbers, marital status, and identity of 43
213213 children under eighteen years of age; 44
214214 (6) "Publicly available content", any written, 45
215215 printed, or electronic document or record that provides 46
216216 information or that serves as a document or record 47
217217 maintained, controlled, or in the possession of a government 48
218218 agency that may be obtained by any person or entity, from 49
219219 the internet, from the government agency upon request either 50
220220 free of charge or for a fee, or in response to a request 51 SCS HCS HBs 919 & 1081 8
221221 pursuant to chapter 610 or the federal Freedom of 52
222222 Information Act, 5 U.S.C. Section 552, as amended; 53
223223 (7) "Publicly post or display", to communicate to 54
224224 another or to otherwise make available to the gen eral public; 55
225225 (8) "Written request", written or electronic notice 56
226226 signed by: 57
227227 (a) A state judicial officer and submitted to the 58
228228 clerk of the Missouri supreme court or the clerk's designee; 59
229229 or 60
230230 (b) A federal judicial officer and submitted to that 61
231231 judicial officer's clerk of the court or the clerk's 62
232232 designee; 63
233233 that is transmitted by the applicable clerk to a government 64
234234 agency, person, business, or association to request such 65
235235 government agency, person, business, or association refrain 66
236236 from posting or displaying publicly available content that 67
237237 includes the judicial officer's personal information. 68
238238 476.1302. 1. A government agency shall not publicly 1
239239 post or display publicly available content that includes a 2
240240 judicial officer's personal information, provided that the 3
241241 government agency has received a written request that the 4
242242 agency refrain from disclosing the judicial officer's 5
243243 personal information. After a government agency has 6
244244 received a written request, the governm ent agency shall 7
245245 remove the judicial officer's personal information from 8
246246 publicly available content within five business days. After 9
247247 the government agency has removed the judicial officer's 10
248248 personal information from publicly available content, the 11
249249 government agency shall not publicly post or display the 12
250250 judicial officer's personal information and the judicial 13
251251 officer's personal information shall be exempted from the 14 SCS HCS HBs 919 & 1081 9
252252 provisions of chapter 610, unless the government agency has 15
253253 received written conse nt from the judicial officer to make 16
254254 the personal information available to the public. 17
255255 2. If a government agency fails to comply with a 18
256256 written request to refrain from disclosing personal 19
257257 information, the judicial officer may bring an action 20
258258 seeking injunctive or declaratory relief in any court of 21
259259 competent jurisdiction. If the court grants injunctive or 22
260260 declaratory relief, the court may award costs and reasonable 23
261261 attorney's fees to the judicial officer. 24
262262 3. The provisions of subsection 1 of this section 25
263263 shall not apply to any government agency created under 26
264264 section 43.020. 27
265265 476.1304. 1. No person, business, or association 1
266266 shall publicly post or display on the internet publicly 2
267267 available content that includes a judi cial officer's 3
268268 personal information, provided that the judicial officer has 4
269269 made a written request to the person, business, or 5
270270 association that it refrain from disclosing the personal 6
271271 information. 7
272272 2. No person, business, or association shall soli cit, 8
273273 sell, or trade on the internet a judicial officer's personal 9
274274 information for purposes of tampering with a judicial 10
275275 officer in violation of section 575.095 or with the intent 11
276276 to pose an imminent and serious threat to the health and 12
277277 safety of the judicial officer or the judicial officer's 13
278278 immediate family. 14
279279 3. As prohibited in this section, persons, businesses, 15
280280 or associations posting, displaying, soliciting, selling, or 16
281281 trading a judicial officer's personal information on the 17
282282 internet includes, but is not limited to, internet phone 18 SCS HCS HBs 919 & 1081 10
283283 directories, internet search engines, internet data 19
284284 aggregators, and internet service providers. 20
285285 476.1306. 1. After a person, business, or association 1
286286 has received a written request from a judicial officer to 2
287287 protect the privacy of the officer's personal information, 3
288288 that person, business, or association shall have five 4
289289 business days to remove the personal information from the 5
290290 internet. 6
291291 2. After a person, business, or association has 7
292292 received a written request from a judicial officer, that 8
293293 person, business, or association shall ensure that the 9
294294 judicial officer's personal information is not made 10
295295 available on any website or subsidiary website controlled by 11
296296 that person, business, or association. 12
297297 3. After receiving a judicial officer's written 13
298298 request, no person, business, or association shall make 14
299299 available the judicial officer's personal information to any 15
300300 other person, business, or association through any medium. 16
301301 476.1308. A judicial officer whose personal 1
302302 information is made public as a result of a violation of 2
303303 sections 476.1304 to 476.1306 may bring an action seeking 3
304304 injunctive or declaratory relief in any court of competent 4
305305 jurisdiction. If the court grants injunctive or declaratory 5
306306 relief, the person, business, or association responsible for 6
307307 the violation shall be required to pay the judicial 7
308308 officer's costs and reasonable attorney's fees. 8
309309 476.1310. 1. No government agency, person, business, 1
310310 or association shall be found to have violated any provision 2
311311 of sections 476.1300 to 476.1310 if the judicial officer 3
312312 fails to submit a written request calling for the protection 4
313313 of the judicial officer's personal informat ion. 5
314314 2. A written request shall be valid if: 6 SCS HCS HBs 919 & 1081 11
315315 (1) The judicial officer sends a written request 7
316316 directly to a government agency, person, business, or 8
317317 association; or 9
318318 (2) The judicial officer complies with a Missouri 10
319319 supreme court rule fo r a state judicial officer to file the 11
320320 written request with the clerk of the Missouri supreme court 12
321321 or the clerk's designee to notify government agencies and 13
322322 such notice is properly delivered by mail or electronic 14
323323 format. 15
324324 3. In each quarter of a calendar year, the clerk of 16
325325 the Missouri supreme court or the clerk's designee shall 17
326326 provide a list of all state judicial officers who have 18
327327 submitted a written request under this section to the 19
328328 appropriate officer with ultimate supervisory authority fo r 20
329329 a government agency. The officer shall promptly provide a 21
330330 copy of the list to all government agencies under his or her 22
331331 supervision. Receipt of the written request list compiled 23
332332 by the clerk of the Missouri supreme court or the clerk's 24
333333 designee by a government agency shall constitute a written 25
334334 request to that government agency for the purposes of 26
335335 sections 476.1300 to 476.1310. 27
336336 4. The chief clerk or circuit clerk of the court where 28
337337 the judicial officer serves may submit a written request on 29
338338 the judicial officer's behalf, provided that the judicial 30
339339 officer gives written consent to the clerk and provided that 31
340340 the clerk agrees to furnish a copy of that consent when a 32
341341 written request is made. The chief clerk or circuit clerk 33
342342 shall submit the written request as provided by subsection 2 34
343343 of this section. 35
344344 5. A judicial officer's written request shall specify 36
345345 what personal information shall be maintained as private. 37
346346 If a judicial officer wishes to identify a secondary 38 SCS HCS HBs 919 & 1081 12
347347 residence as a home address, the designation shall be made 39
348348 in the written request. A judicial officer shall disclose 40
349349 the identity of his or her immediate family and indicate 41
350350 that the personal information of those members of the 42
351351 immediate family shall also be excluded to the extent that 43
352352 it could reasonably be expected to reveal the personal 44
353353 information of the judicial officer. A judicial officer 45
354354 shall make reasonable efforts to identify specific publicly 46
355355 available content in the possession of a government agency. 47
356356 6. A judicial officer's written request is valid until 48
357357 the judicial officer provides the government agency, person, 49
358358 business, or association with written consent to release the 50
359359 personal information. A judicial officer's written request 51
360360 expires on such judicial officer's death. 52
361361 7. The provisions of sections 476.1300 to 476.1310 53
362362 shall not apply to any disclosure of personal information of 54
363363 a judicial officer or a member of a judicial officer's 55
364364 immediate family as required by Article VIII, Se ction 23 of 56
365365 the Missouri Constitution, sections 105.470 to 105.482, 57
366366 section 105.498, and chapter 130. 58
367367 476.1313. 1. Notwithstanding any other provision of 1
368368 law to the contrary, a recorder of deeds shall meet the 2
369369 requirements of the p rovisions of sections 476.1300 to 3
370370 476.1310 by complying with this section. As used in this 4
371371 section, the following terms mean: 5
372372 (1) "Eligible documents", documents or instruments 6
373373 that are maintained by and located in the office of the 7
374374 recorder of deeds that are accessed electronically; 8
375375 (2) "Immediate family", shall have the same meaning as 9
376376 in section 476.1300; 10 SCS HCS HBs 919 & 1081 13
377377 (3) "Indexes", indexes maintained by and located in 11
378378 the office of the recorder of deeds that are accessed 12
379379 electronically; 13
380380 (4) "Judicial officer", shall have the same meaning as 14
381381 in section 476.1300; 15
382382 (5) "Recorder of deeds", shall have the same meaning 16
383383 as in section 59.005; 17
384384 (6) "Shield", "shielded", or "shielding", a 18
385385 prohibition against the general public's el ectronic access 19
386386 to eligible documents and the unique identifier and 20
387387 recording date contained in indexes for eligible documents; 21
388388 (7) "Written request", written or electronic notice 22
389389 signed by: 23
390390 (a) A state judicial officer and submitted to the 24
391391 clerk of the Missouri supreme court or the clerk's designee; 25
392392 or 26
393393 (b) A federal judicial officer and submitted to that 27
394394 judicial officer's clerk of the court or the clerk's 28
395395 designee; 29
396396 that is transmitted electronically by the applicable clerk 30
397397 to a recorder of deeds to request that eligible documents be 31
398398 shielded. 32
399399 2. Written requests transmitted to a recorder of deeds 33
400400 shall only include information specific to eligible 34
401401 documents maintained by that county. Any written request 35
402402 transmitted to a recorder of deeds shall include the 36
403403 requesting judicial officer's full legal name or legal alias 37
404404 and a document locator number for each eligible document for 38
405405 which the judicial officer is requesting shielding. If the 39
406406 judicial officer is not a party t o the instrument but is 40
407407 requesting shielding for an eligible document in which an 41 SCS HCS HBs 919 & 1081 14
408408 immediate family member is a party to the instrument, the 42
409409 full legal name or legal alias of the immediate family 43
410410 member shall also be provided. 44
411411 3. Not more than five business days after the date on 45
412412 which the recorder of deeds receives the written request, 46
413413 the recorder of deeds shall shield the eligible documents 47
414414 listed in the written request. Within five business days of 48
415415 receipt, the recorder of deeds shall elec tronically reply to 49
416416 the written request with a list of any document locator 50
417417 numbers submitted under subsection 2 of this section not 51
418418 found in the records maintained by that recorder of deeds. 52
419419 4. If the full legal name or legal alias of the 53
420420 judicial officer or immediate family member provided does 54
421421 not appear on an eligible document listed in the written 55
422422 request, the recorder of deeds may electronically reply to 56
423423 the written request with this information. The recorder of 57
424424 deeds may delay shieldin g such eligible document until 58
425425 electronic confirmation is received from the applicable 59
426426 court clerk or judicial officer. 60
427427 5. In order to shield subsequent eligible documents, 61
428428 the judicial officer shall present to the recorder of deeds 62
429429 at the time of recording a copy of his or her written 63
430430 request. The recorder of deeds shall ensure that the 64
431431 eligible document is shielded within five business days. 65
432432 6. Eligible documents shall remain shielded until the 66
433433 recorder of deeds receives a court order or notarized 67
434434 affidavit signed by the judicial officer directing the 68
435435 recorder of deeds to terminate shielding. 69
436436 7. The provisions of this section shall not prohibit 70
437437 access to a shielded eligible document by an individual or 71
438438 entity that provides to the recorder of deeds a court order 72
439439 or notarized affidavit signed by the judicial officer. 73 SCS HCS HBs 919 & 1081 15
440440 8. No recorder of deeds shall be liable for any 74
441441 damages under this section, provided the recorder of deeds 75
442442 made a good faith effort to comply with the provi sions of 76
443443 this section. No recorder of deeds shall be liable for the 77
444444 release of any eligible document or any data from any 78
445445 eligible document that was released or accessed prior to the 79
446446 eligible document being shielded pursuant to this section. 80
447447 565.260. 1. Except as provided in subsection 2 of 1
448448 this section, a person commits the offense of unlawful 2
449449 tracking of a motor vehicle if the person knowingly 3
450450 installs, conceals, or otherwise places an electronic 4
451451 tracking device in or on a motor vehicle without the consent 5
452452 of all owners of the vehicle for the purpose of monitoring 6
453453 or following an occupant or occupants of the vehicle. As 7
454454 used in this section, "person" does not include the 8
455455 manufacturer of the motor vehicle. 9
456456 2. It shall not be an offense under this section if 10
457457 the installing, concealing, or placing of an electronic 11
458458 tracking device in or on a motor vehicle is: 12
459459 (1) By, or at the direction of, a law enforcement 13
460460 officer in furtherance of a criminal investi gation and such 14
461461 investigation is carried out in accordance with applicable 15
462462 state and federal law; 16
463463 (2) By the owner or lessee of such motor vehicle; 17
464464 (3) By, or at the direction of, a parent or legal 18
465465 guardian who owns or leases the vehicle, an d if the device 19
466466 is used solely for the purpose of monitoring the minor child 20
467467 of the parent or legal guardian when the child is an 21
468468 occupant of the vehicle; 22
469469 (4) By a legally authorized representative of a 23
470470 vulnerable adult for the purpose of trackin g a motor vehicle 24
471471 owned or leased by such adult. As used in this subdivision, 25 SCS HCS HBs 919 & 1081 16
472472 "vulnerable adult" means any person eighteen years of age or 26
473473 older who is impaired by reason of mental illness, 27
474474 intellectual or developmental disability, physical illness 28
475475 or disability, or other causes, including age, to the extent 29
476476 the person lacks sufficient understanding or capacity to 30
477477 make, communicate, or carry out reasonable decisions 31
478478 concerning his or her well -being or has one or more 32
479479 limitations that substantially impair the person's ability 33
480480 to independently provide for his or her daily needs or 34
481481 safeguard his or her person, property, or legal interests; 35
482482 (5) By an owner of fleet vehicles, including a vehicle 36
483483 rental, sharing, or leasing company, for the purp ose of 37
484484 tracking and managing such vehicles and providing services 38
485485 to customers; 39
486486 (6) By an employer for the purpose of tracking a motor 40
487487 vehicle owned by the employer while in use by the employer's 41
488488 employee; or 42
489489 (7) By a bail bond agent, gener al bail bond agent, 43
490490 property bail bondsman, or surety bail bond agent, as those 44
491491 terms are defined under section 374.700, in conjunction with 45
492492 the agent's or bondsman's duties to track a defendant, in 46
493493 which the agent or bondsman is acting as a surety and 47
494494 pledging money or property for the defendant's appearance in 48
495495 court. 49
496496 3. The provisions of this section shall not apply to a 50
497497 tracking system installed by the manufacturer of a motor 51
498498 vehicle. 52
499499 4. The offense of unlawful tracking of a motor veh icle 53
500500 is a class A misdemeanor. 54
501501 Section B. Because immediate action is necessary to 1
502502 protect the ability of nonprofit entities to interact with 2
503503 public agencies and restore transparency to governmental 3 SCS HCS HBs 919 & 1081 17
504504 contracts, grant programs, and ot her similar items, the 4
505505 repeal and reenactment of section 105.1500 of Section A of 5
506506 this act is deemed necessary for the immediate preservation 6
507507 of the public health, welfare, peace, and safety, and is 7
508508 hereby declared to be an emergency act within the mea ning of 8
509509 the constitution, and the repeal and reenactment of section 9
510510 105.1500 of Section A of this act shall be in full force and 10
511511 effect upon its passage and approval. 11
512512