Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 35 - Division of Facilities Management › Chapter 1 - Facility Maintenance and Operation › Section 1 CSR 35-1.050 - Public Use of State Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this amendment is to better
				  reflect current practices, eliminate outdated information, and increase the
				  readability of the regulation. Section (4) is being added to address the use of
				  Carnahan Memorial Garden, and section (8) is being added to address the
				  operation of unmanned aircrafts on state property. The information on parking
				  lots is being moved to a separate section (section (6)) and has been revised to
				  reflect current practices and clarify the meaning. Section (7) regarding
				  weapons on state property (formerly section (5)) is being amended to address
				  changes in state law and to allow authorized individuals picking up deposits
				  from state agencies to carry weapons based on comments received. A limit on
				  smoking was added to section (2) regarding public buildings and grounds other
				  than the Capitol, to be consistent with current OA statewide policy
				  SP-11.
(1) Facilities Subject
				to this Rule; Definitions.
(A) This rule
				governs public use of the Capitol Building and grounds and other public
				buildings and grounds, as defined herein.
(B) As used in this rule, the term "Capitol
				Building " means all interior and exterior areas of the Missouri State Capitol
				Building, with the exception of the house and senate chambers, the house and
				senate committee rooms, the offices of members of the house and senate, the
				house and senate lounges, and the offices of the Governor, Lieutenant Governor,
				State Treasurer, Secretary of State, and State Auditor. The term "Capitol
				grounds," means all lands adjacent to the Capitol, as shown on Appendix A
				included herein, with the exception of Parking Garage No. 2.
(C) As used in this rule, "common areas"
				include the meeting rooms, conference rooms, sidewalks, lawns, plazas,
				entrances, hallways, stairways, restrooms, and other public facilities inside
				public buildings.
(D) As used in
				this rule, the term "other public buildings and grounds" means all property
				that is owned, leased, or occupied by an agency of the State of Missouri, with
				the exception of the Capitol Building and grounds, the Governor's Mansion and
				its grounds, and property that is owned, leased, or occupied by the
				Conservation Commission, the Highways and Transportation Commission, colleges
				or universities, or the Department of Natural Resources for use as a state park
				or historic site.
In the case of multi-tenant buildings, the term "other public
				  buildings and grounds" includes only the offices and common areas occupied
				  exclusively by agencies of the State of Missouri.
(E) As used in this rule, the term "
				director" means the director of the Division of Facilities Management, Design
				and Construction or his/her designee.
(F) As used in this rule, the term "grounds"
				means the land lying between a public building and the property line of the
				land on which the building is situated.
(G) As used in this rule, the term
				"quasi-public governmental body" means any person, corporation, or partnership
				organized or authorized to do business in Missouri under the provisions of
				Chapters 352, 353, or 355, RSMo, or an unincorporated association which either:
1. Has as its primary purpose to enter into
				contracts with public governmental bodies, or to engage primarily in activities
				carried out pursuant to an agreement or agreements with public governmental
				bodies; or
2. Performs a public
				function, as evidenced by a statutorily based capacity to confer or otherwise
				advance, through approval, recommendation, or other means, the allocation or
				issuance of tax credits, tax abatement, public debt, tax-exempt debt, rights of
				eminent domain, or the contracting of leaseback agreements on structures whose
				annualized payments commit public tax revenues; or any association that
				directly accepts the appropriation of money from a public governmental
				body.
(H) As used in
				this rule, "unmanned aircraft" means a device that is used or intended to be
				used for flight in the air without the possibility of direct human intervention
				from within or on the device. This term includes all types of devices that meet
				this definition (e.g., model airplanes, quadcopters, drones) that are used for
				any purpose, including for recreation or commerce.