HB 1038 — AN ACT to provide an appropriation to the department of commerce for a state radar data pathfinder program; to provide for a report; and to declare an emergency.

25.0329.05005 Prepared by the Legislative Council Title.07000 staff for the Senate February 14, 2025 Sixty-ninth Legislative Assembly of North Dakota PROPOSEDIn AMENDMENTSRegular TOSession Commencing Tuesday, January 7, 2025 HOUSE BILL NO.

1038 Introduced(Representatives by Representatives Nathe, Bosch, Hagert, Lefor, Mitskog, O'Brien, Schreiber-Beck, Stemen, VigesaaVigesaa) Senators(Senators Axtman, Bekkedahl, HogueHogue) OnAN FebruaryACT 14,to 2025,provide Divisionan Aappropriation (Sectionto 1the department of thiscommerce Act)for failed.a state radar data pathfinder program;

A BILL for an Act to provide an appropriation to the department of commerce for an uncrewed aerial vehicle replacement program and a state radar data pathfinder program;

APPROPRIATION - DEPARTMENT OF COMMERCE - STRATEGIC INVESTMENT AND IMPROVEMENTS FUND - UNCREWED AERIAL VEHICLE REPLACEMENT PROGRAM - LEGISLATIVE MANAGEMENT REPORT - ONE-TIME FUNDING.There is appropriated out of any moneys in the strategic investment and improvements fund in the state treasury, not otherwise appropriated, the sum of $15,000,000, or so much of the sum as may be necessary, to the department of commerce for the purpose of administering an uncrewed aerial vehicle replacement program, for the period beginning with the effective date of this Act, and ending June 30, 2027.

This funding is considered a one-time funding item.

1.

The department of commerce shall collaborate with the uncrewed aircraft systems test site established in section 54-60-28 and state agencies, including institutions under the control of the state board of higher education, to replace uncrewed aerial vehicles owned by the state which do not comply with requirements of the federal National Defense Authorization Act and the American Security Drone Act of 2023.

The department and test site shall implement an enterprise uncrewed aerial vehicle data management solution.

An enterprise uncrewed aerial vehicle data management Page No.

1 25.0329.05005 Sixty-ninth Legislative Assembly solution implemented under this section must ensure all data collected, transmitted, stored, and consumed by an uncrewed aerial vehicle remain under the control of the state.

A state agency owning an uncrewed aerial vehicle before January 1, 2025, is eligible to receive a new uncrewed aerial vehicle that is in compliance with federal requirements and is of equivalent capability to the agency's existing uncrewed aerial vehicle.

The department of commerce shall purchase each uncrewed aerial vehicle based on the needs of the agency and a recommendation from the uncrewed aircraft systems test site and provide the uncrewed aerial vehicle to the agency.

The department of commerce shall use a portion of the funding provided in this section to pay for training needed for agency staff to operate the new uncrewed aerial vehicle.

The department of commerce and uncrewed aircraft systems test site shall give priority to state agencies willing to share uncrewed aerial vehicles rather than purchasing multiple uncrewed aerial vehicles.

2.

Any uncrewed aerial vehicle replaced under this section must be remitted to the uncrewed aircraft systems test site for proper decommissioning and disposal pursuant to federal and state regulations, which may include the sale of uncrewed aerial vehicles to the United States department of homeland security at market rates for use in the counter unmanned aircraft system program.

The department of commerce shall remit any funding received under this section to the state treasurer for deposit in the general fund.

3.

The department of commerce shall maintain an inventory of uncrewed aerial vehicles purchased for state agencies under this section and encourage state agencies to use the state beyond visual line of sight program.

The uncrewed aircraft systems test site shall provide guidance to state agencies regarding the integration of uncrewed aerial vehicles into the beyond visual line of sight system and proper maintenance schedules for uncrewed aerial vehicles.

The uncrewed aircraft systems test site shall establish a centralized system for state agencies to register uncrewed aerial vehicles and authorized operators for accessing the beyond visual line of sight system and shall provide operational support when state agencies use uncrewed aircraft systems test site integrated platforms.

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During the 2025-26 interim, the department of commerce shall compile information from state agencies and provide a report to the legislative management by June 30, 2026, regarding the status of the program, funding spent on uncrewed aerial vehicle replacements and training costs, the number of uncrewed aerial vehicles replaced in each state agency, the number of uncrewed aerial vehicles sold or disposed, and any future needs for each state agency to be compliant with the federal National Defense Authorization Act and the American Security Drone Act of 2023.

5.

As used in this section "enterprise uncrewed aerial vehicle data management solution" means a system for secure, end-to-end data collection, transportation, storage, processing, and consumption through enterprise software.

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1038 - PAGE 2 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No.

1038 and that two-thirds of the members-elect of the House of Representatives voted in favor of said law.

Vote:

Yeas 84 Nays 3 Absent 6 ____________________________ ____________________________ Speaker of the House Chief Clerk of the House This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.

Vote:

Yeas 40 Nays 4 Absent 3 ____________________________ ____________________________ President of the Senate Secretary of the Senate Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.