HB5072 H JUD AM #1-23
Casto 3264
The Committee on the Judiciary moved to amend the bill on page one, immediately following the enacting clause by striking out the remainder of the bill and inserting in lieu thereof the following:
This article may be cited as "The Act to Prohibit the Purchase of Small Unmanned Aircraft Systems Manufactured or Assembled by a Covered Foreign Entity."
(a) "Covered Foreign Entity" means an individual, foreign government, or a party:
(1) On the Consolidated Screening List or Entity List as designated by the United States Secretary of Commerce.
(2) Domiciled in the People's Republic of China or the Russian Federation.
(3) Under the influence or control by the government of the People's Republic of China or the Russian Federation.
(4) That is a subsidiary or affiliate of an individual, government or party referred to above.
(b) "Public entity" means West Virginia, or a political subdivision of West Virginia, including all boards, authorities, commissions, agencies, committees, councils, university departments, or other state entities created by the West Virginia constitution or law.
(c) "Small Unmanned Aircraft System" means an unmanned, powered aircraft that:
(1) Is operated without the possibility of direct human intervention from within or on the aircraft;
(2) Can be expendable or recoverable;
(3) Weighs less than 55 pounds including the weight of anything attached to or carried by the aircraft. and
(4) includes the associated support equipment, the control station, data links, telemetry, communications, and navigation equipment necessary to operate the unmanned aircraft, including, but not limited to, drones;
(a) A public entity shall not purchase or otherwise acquire a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity.
(b) No state funds may be used in connection with small unmanned aircraft systems manufactured or assembled by a covered foreign entity, including without limitation state funds:
(1) Awarded through a contract, grant, or cooperative agreement; or
(2) Otherwise made available.
(b) On or after May 1, 2027, a public entity shall not operate a small unmanned aircraft system manufactured or assembled by a covered foreign entity.
(c) The Secretary of the Department of Homeland Security may waive the restrictions upon:
(1) His or her review of the necessity to purchase a small unmanned aircraft system that is manufactured or assembled by a covered foreign entity due to exigent circumstances, counter unmanned aircraft systems, or for criminal investigative purposes; and
(2) Notification to the Legislature.
(a) Subject to appropriation, an unmanned aircraft system replacement grant program will be created within the Department of Homeland Security beginning no later than 270 days after enactment.
(b) The program shall provide funds to public safety agencies impacted by the above provisions.
(c) Those departments that turn in unmanned aircraft systems to the Department of Homeland Security that are not in compliance with the above provisions will be eligible for appropriated funds to acquire compliant systems and training.
(d) The unmanned aircraft system must not have reached its end of life and must still be in working condition. Funds shall be provided based upon the drone's current purchase value. Grant funds may only be used to purchase unmanned aircraft systems that are in compliance with the above sections.
(e) Those agencies desiring to purchase new unmanned aircraft systems must detail specific platforms they wish to purchase alongside a training and use plan.
(f) The Department of Homeland Security shall develop an application process and allocate funds on a first-come, first-served basis, determined by the date the Department of Homeland Security receives the properly completed application. The Department of Homeland Security may adopt rules to implement this program.
(g) Approved replacement unmanned aircraft systems must be in compliance with the provisions of this article. This includes, but is not limited to, unmanned aircraft systems that have received:
(1) Defense Innovation Unit's (DIU) Blue sUAS certification.
(2) The Association for Uncrewed Vehicle Systems' (AUVSI) Green UAS certification.
Adopted
Rejected