S.B. 398 - *SB398* SENATE BILL NO. 398–SENATOR SPEARMAN MARCH 27, 2023 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to unmanned aerial vehicles. (BDR 44-14) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to unmanned aerial vehicles; requiring the Department of Public Safety to establish by regulation certain lists relating to certain unmanned aerial vehicles, equipment and services; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law governs the operation of unmanned aerial vehicles by a public 1 agency or law enforcement agency. (NRS 493.103-493.118) The Department of 2 Public Safety is required to adopt regulations prescribing the public purposes for 3 which a public agency may operate an unmanned aerial vehicle. (NRS 493.118) A 4 “public agency” means any agency, office, bureau, board, commission, department 5 or division of this State or a political subdivision, other than a law enforcement 6 agency. (NRS 493.020) Section 1 of this bill requires the Department to adopt 7 regulations to establish: (1) a list of countries, businesses and entities from which a 8 public agency or law enforcement agency shall not purchase or acquire any 9 unmanned aerial vehicle or other equipment or services relating to the operation of 10 an unmanned aerial vehicle; and (2) a list of unmanned aerial vehicles and other 11 related equipment or services that a public agency or law enforcement agency shall 12 not operate, purchase or acquire. Such lists must include, without limitation: (1) any 13 country, business or entity from which a federal agency or contractor is prohibited 14 from purchasing or acquiring an unmanned aerial vehicle or other equipment or 15 service relating to the operation of an unmanned aerial vehicle pursuant to any 16 federal law, rule, regulation or order; and (2) any unmanned aerial vehicle or other 17 equipment or service relating to the operation of an unmanned aerial vehicle which 18 has been prohibited for use by a federal agency or contractor pursuant to any 19 federal law, rule, regulation or order. 20 – 2 – - *SB398* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 493.118 is hereby amended to read as follows: 1 493.118 1. The Department shall, to the extent that money is 2 available for this purpose, establish and maintain a registry of 3 unmanned aerial vehicles that are operated by public agencies in this 4 State. The Department shall include on its Internet website the 5 information that is maintained in the registry. 6 2. A public agency shall, for each unmanned aerial vehicle the 7 public agency intends to operate, submit to the Department, on a 8 form provided by the Department, for inclusion in the registry: 9 (a) The name of the public agency; 10 (b) The name and contact information of each operator of the 11 unmanned aerial vehicle; 12 (c) Sufficient information to identify the unmanned aerial 13 vehicle; and 14 (d) A statement describing the use of the unmanned aerial 15 vehicle by the public agency. 16 3. The Department shall, on or before February 1 of each year, 17 prepare and submit to the Director of the Legislative Counsel 18 Bureau for submission to the Legislature, or to the Legislative 19 Commission when the Legislature is not in regular session, a report 20 outlining the activities of public agencies with respect to the 21 operation of unmanned aerial vehicles in this State. 22 4. The Department shall adopt regulations prescribing the 23 public purposes for which a public agency may operate an 24 unmanned aerial vehicle that is registered with the Department 25 pursuant to this section, including, without limitation: 26 (a) The provision of fire services. 27 (b) The provision of emergency medical services. 28 (c) The protection of a critical facility that is public property. 29 (d) Search and rescue operations conducted for persons and 30 property in distress. 31 5. The Department shall adopt regulations to establish: 32 (a) A list of countries, businesses and entities from which a 33 public agency or law enforcement agency shall not purchase or 34 acquire any unmanned aerial vehicle or other equipment or 35 services relating to the operation of an unmanned aerial vehicle; 36 and 37 (b) A list of unmanned aerial vehicles and other related 38 equipment or services that a public agency or law enforcement 39 agency shall not operate, purchase or acquire. 40 6. The lists established pursuant to subsection 5 must include, 41 without limitation: 42 – 3 – - *SB398* (a) Any country, business or entity from which a federal 1 agency or contractor is prohibited from purchasing or acquiring 2 an unmanned aerial vehicle or other equipment or service relating 3 to the operation of an unmanned aerial vehicle pursuant to any 4 federal law, rule, regulation or order; and 5 (b) Any unmanned aerial vehicle or other equipment or service 6 relating to the operation of an unmanned aerial vehicle which has 7 been prohibited for use by a federal agency or contractor pursuant 8 to any federal law, rule, regulation or order. 9 Sec. 2. 1. This section becomes effective upon passage and 10 approval. 11 2. Section 1 of this act becomes effective: 12 (a) Upon passage and approval for the purpose of adopting any 13 regulations and performing any other preparatory administrative 14 tasks that are necessary to carry out the provisions of this act; and 15 (b) On January 1, 2024. 16 H