COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0984H.01I Bill No.:HB 209 Subject:Law Enforcement Officers and Agencies; Criminal Procedure Type:Original Date:February 28, 2025Bill Summary:This proposal establishes the "Preserving Freedom from Unwarranted
Surveillance Act" and modifies provisions relating to the use of unmanned
aircraft.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028General Revenue*$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated Net
Effect on General
Revenue*$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Oversight does not have any information to suggest that the civil judgements resulting from this
proposal would go over the $250,000 threshold at this time. Therefore, Oversight will assume the
fund above will not reach that threshold.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Other State and
Federal $0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
Legal Expense **$0$0$0Colleges and
Universities***$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
Total Estimated Net
Effect on Other State
Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Oversight does not have any other information to suggest that the civil judgements resulting
from this proposal would go over the $250,000 threshold at this time. Therefore, Oversight will
assume the funds above will not hit the threshold from this proposal.
**Income less cost distributions net to zero.
***Oversight assumes the fiscal impact to colleges and universities will not exceed the $250,000
threshold.
Numbers within parentheses: () indicate costs or losses. L.R. No. 0984H.01I
Bill No. HB 209
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February 28, 2025
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Various – transfer to
Legal Expense
Fund**$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
Total Estimated Net
Effect on All Federal
Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Oversight does not have any other information to suggest that the civil judgements resulting
from this proposal would go over the $250,000 threshold at this time. Therefore, Oversight will
assume the fund above will not hit the threshold from this proposal.
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on FTE 000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Local Government$0 to (Unknown)$0 to (Unknown)$0 to (Unknown) L.R. No. 0984H.01I
Bill No. HB 209
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FISCAL ANALYSIS
ASSUMPTION
§§305.635, 305.637, 305.639, 305.641, 542.525 and 577.800 – Unmanned aircraft
Officials from the Department of Public Safety - Missouri Highway Patrol (MHP or Patrol)
state the waiver of sovereign immunity for MHP personnel in §305.641.3 of this proposal could
result in significant financial exposure. Due to the varied nature of unmanned aircraft operations
and an unknown number of civil litigations resulting from this legislation, the fiscal impact to the
Patrol would be unknown. General Revenue, the Highway Fund (0644) and the Water Patrol
Fund (0400) represent the main funding sources for the MHP’s enforcement personnel and
would be the most affected.
Oversight has no information to the contrary and will range MHP’s impact as $0 to (Unknown)
for the General Revenue Fund. A $0 to (Unknown) fiscal impact to the Highway Fund and Water
Patrol Fund will be shown as part of Other State Funds.
Officials from the Office of Administration (OA) assume §§305.635 to 305.641 prohibits
drones from being used to "conduct surveillance or observation" of any individual without a
warrant. This legislation has the potential to increase costs to the state Legal Expense Fund
(LEF) for actions alleging a violation of these sections against a state agency or state employee
in connection with their official duties on behalf of the state. §305.641.1 states that any
aggrieved party may obtain all appropriate relief to prevent or remedy a violation, and under
§305.641.3 sovereign immunity for the state is waived. Potential costs to the state are unknown.
The state self-assumes its own liability under the LEF, §105.711 RSMo. It is a self-funding
mechanism whereby funds are made available for the payment of any claim or judgment
rendered against the state in regard to the waivers of sovereign immunity or against employees
and specified individuals. Investigation, defense, negotiation or settlement of such claims is
provided by the Office of the Attorney General. Payment is made by the Commissioner of
Administration with the approval of the Attorney General.
Section 305.637.3 prohibits drones from being used to "conduct surveillance or observation" of
any individual. As surveillance and observation are not defined, this could potentially be
interpreted broadly to prohibit inadvertent capture of individuals by a drone. If interpreted
broadly, this could potentially present a problem for use of drones on state property by OA and
other state agencies for non-investigative purposes. For example, FMDC and/or its consultants
have, on occasion, used drones during projects. There is an exemption for professionals engaged
in surveying or engineering but it is unclear if this would be sufficient to cover all potential
drone uses on state property. This also creates a civil cause of action that would impact the Legal
Expense Fund. L.R. No. 0984H.01I
Bill No. HB 209
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Oversight notes that the proposal makes local political subdivisions and colleges and
universities subject to civil suits and therefore, Oversight will reflect possible costs to all state
funds (including federal funds for transfers to the LEF). Oversight also notes that the LEF does
not cover costs for local political subdivisions or colleges and universities in most cases. For
fiscal note purposes only, Oversight will range costs from $0 to (Unknown) for all funds.
Oversight does not have any information to suggest that the civil judgements resulting from this
proposal would go over the $250,000 threshold at this time. Therefore, Oversight will assume the
unknown impact will not reach that threshold.
Oversight notes the provisions of §577.800.4 provide that the unlawful use of an unmanned
aircraft over an open-air facility, with exceptions, is guilty of a class A misdemeanor. Class A
misdemeanors carry a penalty of $2,000 for each offense in addition to any individual
county/municipal fees and court costs. The fine revenue for the offense goes to local school
funds and court costs go to various state and local funds. Oversight assumes there will be some
(less than $250,000) amount of fine revenue from violations of the statute. Therefore, the impact
to various state funds and local governments will be presented as less than $250,000. For
simplicity, Oversight will not reflect the possibility that fine revenue paid to school districts may
act as a subtraction in the foundation formula.
Bill as a Whole
Officials from the University of Missouri System states the bill creates potential for fiscal costs
by establishing a new source of potential liability but it is not possible to estimate the amount of
such costs with any certainty.
Officials from the University of Central Missouri (UCM) state this proposal will have an
indeterminate impact on UCM.
Oversight does not have any information to the contrary. Oversight assumes the University of
Missouri and UCM, as well as other colleges and universities, may experience a negative
unknown fiscal impact as the result of an increase in potential judgements for actions alleging a
violation of the provisions of this bill.
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing resources. However, the AGO may seek
additional appropriations if there is a significant increase in litigation or investigation costs.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO will be able to perform any additional duties required by this proposal with current staff
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes. L.R. No. 0984H.01I
Bill No. HB 209
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Officials from Office of Administration - Administrative Hearing Commission the
Department of Commerce and Insurance, the Department of Higher Education and
Workforce Development, the Department of Natural Resources, the Department of
Corrections, the Department of Labor and Industrial Relations, the Department of Public
Safety, Divisions of: Capitol Police Fire Safety, Director’s Office, Missouri Veterans
Commission, and the State Emergency Management Agency, the Department of Social
ServicesMissouri Department of AgricultureMissouri Department of
Conservation, the Missouri Department of Transportation, the Missouri National Guard,
the Office of State Public Defender, the City of Kansas CityPhelps County Sheriff, the
Kansas City Police DepartmentSt. Louis County Police Department, the Metropolitan
St. Louis Sewer District, the South River Drainage District, the St. Charles County Public
Water Supply District #2, the Wayne County Public Water Supply District #2, Northwest
Missouri State University, the Missouri Office of Prosecution Services, the Office of the
State Courts AdministratorState Tax Commission each assumed the proposal will
have no fiscal impact on their respective organizations. Oversight does not have any information
to the contrary. Therefore, Oversight will reflect no fiscal impact for these organizations.
Oversight notes officials from the Morgan County Public Water Supply District #2
responded to our request for a statement of fiscal impact but did not provide any information in
their response.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other cities, counties, local law enforcement agencies, fire protection districts, colleges
and universities, utilities and cooperatives were requested to respond to this proposed legislation
but did not. A listing of political subdivisions included in the Missouri Legislative Information
System (MOLIS) database is available upon request.
FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028GENERAL REVENUECost – MHP and other state agencies
(§§305.635, 305.637, 305.639,
305.641) Potential contributions to
Legal Expense Fund to pay judgements
from civil suits p. 3
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
GENERAL REVENUE
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown) L.R. No. 0984H.01I
Bill No. HB 209
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OTHER STATE FUNDSRevenue – (§577.800) Court costs
p. 4
Less than
$250,000
Less than
$250,000
Less than
$250,000
Cost – (§§305.635, 305.637, 305.639,
305.641) Transfers to Legal Expense
Fund to pay for successful civil suits
p. 3
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
OTHER STATE FUNDS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
LEGAL EXPENSE FUNDIncome – (§§305.635, 305.637,
305.639, 305.641) Transfers in to cover
costs of payouts from civil suits won by
litigants p. 3
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
Cost – All State Agencies (§§305.635,
305.637, 305.639, 305.641) Potential
increase of payouts from civil suits won
by litigants claiming violation of
provisions p. 3
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
THE LEGAL EXPENSE FUND$0$0 $0
COLLEGES AND UNIVERSITIESCost - (§§305.635, 305.637, 305.639,
305.641) Increase in potential
judgements p. 3
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
COLLEGES AND UNIVERSITIES
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown) L.R. No. 0984H.01I
Bill No. HB 209
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FEDERAL FUNDSCost – (§§305.635, 305.637, 305.639,
305.641) Transfers to Legal Expense
Fund to pay for successful civil suits
from litigants p. 3
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
FEDERAL FUNDS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FISCAL IMPACT – Local GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028LOCAL POLITICAL
SUBDIVISIONS
Revenue – (§577.800) Court costs
p. 4
Less than
$250,000
Less than
$250,000
Less than
$250,000
Revenue – Schools (§577.800) Fine
revenue p.
Less than
$250,000
Less than
$250,000
Less than
$250,000
Cost – LPS (§§305.635, 305.637,
305.639, 305.641) Potential increase of
payouts from civil suits won by
litigants claiming violation of
provisions p. 3
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill establishes the "Preserving Freedom from Unwarranted Surveillance Act". L.R. No. 0984H.01I
Bill No. HB 209
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The bill specifies that no state agency, county, or municipal law enforcement agency is permitted
to use a drone or other unmanned aircraft, as defined in the bill, to gather evidence or other
information pertaining to criminal conduct, except to the extent authorized in a warrant. A law
enforcement agency may use a drone or unmanned aircraft in response to state, national, or local
emergency situations, as specified in the bill.
No person, entity, or state agency may use a drone or other unmanned aircraft to conduct
surveillance or observation of any individual or property, as specified in the bill, without the
consent of that individual or property owner. A person, entity, or state agency can only launch or
operate a drone or other unmanned aircraft within the operating limitations provided in 14 CFR
107.51. No person, entity, or state agency will launch or operate a drone or other unmanned
aircraft within the property line of private property without the consent of the property owner or
occupant.
This bill does not prohibit the use of a manned aircraft, drone, or unmanned aircraft for purposes
listed in the bill, including: a person performing duties on behalf of a fire department; higher
education institution in the State conducting educational, research, or training programs; certain
activities of manufacturers or sellers of aircraft and drones; certain activities of public utilities;
for use by any branch of the United States Armed Forces or National Guard; or a professional
engaged in surveying or mapping. This bill does not prohibit the use of a model aircraft.
Any aggrieved party may in a civil action obtain all appropriate relief to prevent or remedy a
violation of the provisions of this bill.
No information obtained in violation of the provisions of this bill will be admissible as evidence
in a criminal proceeding.
Sovereign immunity for the State is waived for any civil action resulting from a violation of the
provisions of this bill.
Currently, employees of a state agency or a political subdivision are prohibited from placing a
surveillance camera or game camera on private property without the consent of the landowner or
landowner's designee, a search warrant, or permission from the highest ranking law enforcement
chief or officer of the agency under certain conditions. This bill repeals the ability for the highest
ranking law enforcement chief or officer to approve the placement of a camera on private
property. (§§305.635, 305.637, 305.639, 305.641, 542.525)
This bill changes the offense of unlawful use of an unmanned aircraft over an open-air facility
from an infraction to a class A misdemeanor. (§577.800)
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space. L.R. No. 0984H.01I
Bill No. HB 209
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SOURCES OF INFORMATION
Attorney General’s Office
Office of Administration - Administrative Hearing Commission
Department of Commerce and Insurance
Department of Higher Education and Workforce Development
Department of Natural Resources
Department of Corrections
Department of Labor and Industrial Relations
Department of Public Safety –
Capitol Police
Fire Safety
Director’s Office
Missouri Highway Patrol
Missouri Veterans Commission
State Emergency Management Agency
Department of Social Services
Missouri Department of Agriculture
Missouri Department of Conservation
Missouri Department of Transportation
Missouri National Guard
Office of Administration
Office of the State Public Defender
University of Missouri System
City of Kansas City
Phelps County Sheriff’s Office
Kansas City Police Department
St. Louis County Police Department
Metropolitan St. Louis Sewer District
Morgan County Public Water Supply District #2
South River Drainage District
St. Charles County Public Water Supply District #2
Wayne County Public Water Supply District #2
Northwest Missouri State University L.R. No. 0984H.01I
Bill No. HB 209
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University of Central Missouri
Missouri Office of Prosecution Services
Office of the State Courts Administrator
State Tax Commission
Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 28, 2025February 28, 2025