Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 525 of the Regular Session
 1   State of Arkansas                   As Engrossed:       H3/30/23
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1653
 4
 5   By: Representative B. McKenzie
 6   By: Senator J. Boyd
 7
 8                                     For An Act To Be Entitled
 9                  AN ACT TO PROHIBIT THE PURCHASE OF SMALL UNMANNED
10                  AIRCRAFTS MANUFACTURED OR ASSEMBLED BY A COVERED
11                  FOREIGN ENTITY; AND FOR OTHER PURPOSES.
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13
14                                                 Subtitle
15                           TO PROHIBIT THE PURCHASE OF SMALL
16                           UNMANNED AIRCRAFTS MANUFACTURED OR
17                           ASSEMBLED BY A COVERED FOREIGN ENTITY.
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19
20   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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22          SECTION 1.        Arkansas Code Title 25, Chapter 1, Subchapter 1, is amended
23   to add an additional section to read as follows:
24          25-1-127.        Purchase of small unmanned aircraft from covered foreign
25   entity.
26          (a)    As used in this section:
27                  (1)      "Covered foreign entity" means an individual, foreign
28   government, or a party other than an individual or foreign government:
29                           (A)   On the Consolidated Screening List or Entity List as
30   designated by the United States Secretary of Commerce;
31                           (B)   Domiciled in the People's Republic of China or the
32   Russian Federation;
33                           (C)   Under the influence or control by the government of
34   the People's Republic of China or the Russian Federation; or
35                           (D)   That is a subsidiary or affiliate of an individual,
36   government or party referred to in subdivisions (a)(1)(A)-(C) of this
     *DTP164*                                                                    03-30-2023 10:18:55 DTP164
     As Engrossed:       H3/30/23                                                     HB1653
 1   section;
 2                 (2)    "Public entity" means the State of Arkansas, or a political
 3   subdivision of the state, including all boards, authorities, commissions,
 4   agencies, committees, councils, university departments, or other state
 5   entities created by the Arkansas Constitution or law; and
 6                 (3)    "Small unmanned aircraft system" means an unmanned, powered
 7   aircraft:
 8                         (A)   That:
 9                                  (i)     Is operated without the possibility of direct
10   human intervention from within or on the aircraft;
11                                  (ii)    Can be expendable or recoverable; and
12                                  (iii)    Weighs less than fifty-five pounds (55 lbs.)
13   including the weight of anything attached to or carried by the aircraft; and
14                         (B)   Including the associated elements that are required
15   for the operator to operate the aircraft safely and efficiently in the
16   national airspace system, including without limitation any communication
17   links and the components that control the aircraft.
18        (b)(1)     A public entity shall not purchase a small unmanned aircraft
19   system that is manufactured or assembled by a covered foreign entity.
20                 (2)    Unless waived under subsection (d) of this section, state
21   funds shall not be used to purchase a small unmanned aircraft system that is
22   manufactured or assembled by a covered foreign entity, including without
23   limitation state funds:
24                         (A)   Awarded through a contract, grant, or cooperative
25   agreement; or
26                         (B)   Otherwise made available.
27        (c)(1)     On or after May 1, 2027, a public entity shall not operate a
28   small unmanned aircraft system manufactured or assembled by a covered foreign
29   entity.
30                 (2)    Except as provided under subsection (d) of this section,
31   state funds shall not be used in connection with the operation of a small
32   unmanned aircraft system that is manufactured or assembled by a covered
33   foreign entity, including without limitation state funds:
34                         (A)   Awarded through a contract, grant, or cooperative
35   agreement; or
36                         (B)   Otherwise made available.
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     As Engrossed:    H3/30/23                                                  HB1653
 1        (d)   The Secretary of the Department of Transformation and Shared
 2   Services may waive the restriction under subdivision (b)(2) or subdivision
 3   (c)(2) of this section upon:
 4              (1)    His or her review of the necessity to purchase a small
 5   unmanned aircraft system that is manufactured or assembled by a covered
 6   foreign entity due to exigent circumstances, Counter Unmanned Aircraft
 7   Systems, or criminal investigative purposes; and
 8              (2)    Notification to the General Assembly.
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11                                   /s/B. McKenzie
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14                                  APPROVED: 4/10/23
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