HB3144 SUB HFA Howell, T. 3-20 #1

Baker 3381

Delegate Howell, T. moves to amend the committee substitute on page 9, section §31J-1-3, line 104, after the word “section” by striking the period, inserting a colon and inserting the following proviso text:

“: Provided, That

(A) No Applicant entity or entities applying for a modification of an existing wireless service facility or any portions thereof may be directly or indirectly associated with any person or entity connected to:

(i) The list of persons determined to be foreign adversaries by the Secretary of Commerce of the United States under 15 C.F.R. 791.4;

(ii) The terrorist exclusion list compiled by the Secretary of State of the United States in consultation with the Attorney General of the United States under 8 U.S.C. 1182;

(iii) The list of countries determined by the Secretary of State of the United States that have repeatedly provided support for acts of international terrorism under 50 U.S.C. 4813(c) and 22 U.S.C. 2780(d);

(iv) The list of individual and entities designated by, or in accordance with Executive Order 13224, issued by the President of the United States on September 23, 2021, or Executive Order 13268, issued by the President of the United States on July 2, 2002; and

(B) Any Applicant entity or entities applying for a modification of an existing wireless service facility or any portions thereof shall be prohibited from engaging in unconstitutional surveillance activities or other actions that would pose a likely risk of violating the constitutional rights and liberties of citizens; and

(C) Any Applicant entity or entities applying for a modification of an existing wireless service facility or any portions thereof shall utilize non-compromised cellular and/or cyber security defense measures to protect both private and public utilization and shall utilize no technology or system that could threaten critical infrastructure, including but not limited to voting and election management systems, and if any technology does connect to voting or election management related systems, such technology may not incorporate hardware or software that is designed, produced, owned, or licensed by an entity that is owned, operated, or majority-controlled by a foreign company or a domestic company registered in another country, including a domesticated foreign corporation, or by a person who is not a United States citizen or is produced, in whole or in part, including software, hardware, equipment, and any other accessories, in a foreign country; and  

(D) Any Applicant entity or entities applying for a modification of an existing wireless service facility or any portions thereof may permit any of the following: (1) public safety operations, including 911, law enforcement, ambulance, rescue, and firefighting, (2) requirements of the West Virginia Department of Highways, and (3) requirements of any other state agencies so long as the permitted uses meet all the requirements set forth in §31J-1-3(b)(3)(A), (B) and (C) of this code.”

Adopted

Rejected