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--- version:Committee sub LC 55 0577S+++ version:As introduced LC 55 0433@@ -1,118 +1,121 @@-25 LC 55 0577S-The Senate Committee on Rules offered the following-substitute to SB 64:-MOOT+25 LC 55 0433+Senate Bill 64+By: Senators Dixon of the 45th, Albers of the 56th, Gooch of the 51st, Robertson of the 29th,+Hickman of the 4th and othersA BILL TO BE ENTITLEDAN ACTTo amend Titles 36 and 50 of the Official Code of Georgia Annot ated, relating to local1government and state government, respectively, so as to prohibit certain transactions between2government entities and certain foreign persons; to prohibit go vernment entities from3-acquiring foreign unmanned aircraft systems; to prohibit the use of state funds in connection4-with such unmanned aircraft systems; to prohibit government entities from operating such5-unmanned aircraft systems; to prohibit companies owned or operated by a foreign adversary6-from submitting a proposal for a contract with a state agency for goods or services; to revise7-and provide for definitions; to provide for related matters; to repeal conflicting laws; and for8-other purposes.9-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10-SECTION 1.11-Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended12-by adding a new Code section to read as follows:13-"36-84-2.14-(a) As used in this Code section, the term:15+purchasing or acquiring foreign unmanned aircraft systems; to prohibit the use of state funds4+in connection with such unmanned aircraft systems; to prohibit government entities from5+operating such unmanned aircraft systems; to prohibit foreign adversaries from submitting6+a proposal for a contract with a state agency for goods or services; to revise and provide for7+definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.8+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9+SECTION 1.10+Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended11+by adding a new Code section to read as follows:12+"36-84-2.13+(a) As used in this Code section, the term:14+(1) 'Covered foreign entity' means an individual, business entity, or foreign government,15+or any subsidiary or affiliate thereof, that is:16+S. B. 64- 1 --25 LC 55 0577S-(1) 'Covered foreign entity' means an individual, business entity, or foreign government,16-or any subsidiary or affiliate thereof, that is:17-(A) Domiciled in the People's Republic of China or the Russian Federation; and18-(B) Under the influence or control of the government of the People's Republic of China19-or the Russian Federation.20-(2) 'Local government entity' means any political subdivision of this state or any21-department, agency, board, commission, or authority of any such political subdivision.22-(3) 'Small unmanned aircraft system' means an unmanned, powered aircraft that:23-(A) Is operated without the possibility of direct human intervention from within or on24-the aircraft;25-(B) Can be expendable or recoverable; and26-(C) Weighs less than 55 pounds, including the weight of anything attached to or carried27-by the aircraft.28-(b) On or after January 1, 2028, no local government entity sh all acquire or enter into a29-contract for the acquisition of a small unmanned aircraft syste m that is manufactured or30-assembled by a covered foreign entity.31-(c) On or after January 1, 2028, no state funds made available to any local government32-entity shall be used in connection with a small unmanned aircra ft system that is33-manufactured or assembled by a covered foreign entity.34-(d) Any local government entity that has acquired or entered i nto a contract for the35-acquisition of a small unmanned ai rcraft system that is manufactured or assembled by a36-covered foreign entity may continue to operate such small unmanned aircraft system until37-January 1, 2029; provided, however, that, after such date, no local government entity shall38-operate such a small unmanned aircraft system."39+25 LC 55 0433+(A) Domiciled in the People's Republic of China or the Russian Federation; and17+(B) Under the influence or control of the government of the People's Republic of China18+or the Russian Federation.19+(2) 'Local government entity' means any political subdivision of this state or any20+department, agency, board, commission, or authority of any such political subdivision.21+(3) 'Small unmanned aircraft system' means an unmanned, powered aircraft that:22+(A) Is operated without the possibility of direct human intervention from within or on23+the aircraft;24+(B) Can be expendable or recoverable; and25+(C) Weighs less than 55 pounds, including the weight of anything attached to or carried26+by the aircraft.27+(b) No local government entity shall purchase or otherwise acq uire a small unmanned28+aircraft system that is manufactured or assembled by a covered foreign entity.29+(c) No state funds made available to any local government enti ty shall be used in30+connection with a small unmanned aircraft system that is manufactured or assembled by31+a covered foreign entity.32+(d) On or after January 1, 2026, no local gove rnment entity sh all operate a small33+unmanned aircraft system that is manufactured or assembled by a covered foreign entity."34+SECTION 2.35+Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended36+by revising Code Section 50-5-84.2, relating to contracting with companies owned by China,37+as follows:38+"50-5-84.2.39+(a) As used in this Code section, the term:40+(1) 'Company' means any sole proprietorship, organization, ass ociation, corporation,41+partnership, joint venture, lim ited partnership, limited liabil ity partnership, limited42+S. B. 64- 2 --25 LC 55 0577S-SECTION 2.40-Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended41-by revising Code Section 50-5-84.2, relating to contracting with companies owned by China,42-as follows:43-"50-5-84.2.44-(a) As used in this Code section, the term:45-(1) 'Company' means any sole proprietorship, organization, ass ociation, corporation,46-partnership, joint venture, limited partnership, limited liabil ity partnership, limited47-liability company, or other entity or business association, inc luding all wholly owned48-subsidiaries, majority owned subsidiaries, or parent companies, or affiliates o f s u c h49-entities or business associations, that exists for the purpose of making profit.50-(2) 'Foreign country of concern' means a country whose government is designated as a51-foreign adversary by the United States Secretary of Commerce pu rsuant to 15 C.F.R.52-Section 7.4.53-(3) 'Government of China' means the People's Re public of China le d by the Chinese54+25 LC 55 0433+liability company, or other entity or business association, inc luding all wholly owned43+subsidiaries, majority owned subsidiaries, or parent companies, or affiliates o f s u c h44+entities or business associations, that exists for the purpose of making profit.45+(2) 'Company of concern' means a company in which the government of China has an46+ownership stake.47+(3) 'Foreign adversary' means the:48+(A) Republic of Cuba (Cuba);49+(B) Islamic Republic of Iran (Iran);50+(C) Democratic People's Republic of Korea (North Korea);51+(D) Russian Federation (Russia); and52+(E) Venezuelan politician Nicolás Maduro (Maduro Regime).53+(4) 'Government of China' means the People's Republic of China le d by the Chinese54Communist Party.55-(3)(4) 'Scrutinized company' means any company owned or operated by the government56-of China or a foreign country of concern or any company in whic h the government of57-China or a foreign country of concern has an ownership stake.58-(b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal59-for a contract, directly or through a third-party seller, with a state agency for goods or60-services, including, but not limited to, a contract for the pro curement or purchase of61-computers, printers, connecting cables, or interoperable videoconferencing services used62-in connection with an office environment.63-(c) A state agency shall require a company that submits a bid or proposal with respect to64-a contract for goods or services to certify that the company is not a scrutinized company.65+(3)(5) 'Scrutinized company' means any company owned or operated by the government56+of China a foreign adversary.57+(b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal58+for a contract with a state agency for goods or services.59+(c) A company of concern shall be ineligible to, and shall not, bid on or submit a proposal60+for a contract, directly or through a third-party seller, with a state agency for goods or61+services, including, but not limited to, a contract for the pro curement or purchase of62+computers, printers, connecting cables, or interoperable videoconferencing services used63+in connection with an office environment.64+(d) A state agency shall require a company that submits a bid or proposal with respect to65+a contract for goods or services to certify that the company is not a scrutinized company66+or a company of concern.67+(d)(e) If the Department of Administrative Services determines that a company has68+submitted a false certification under subsection (c) (d) of this Code section:69+S. B. 64- 3 --25 LC 55 0577S-(d) If the Department of Administrative Services determines that a company has submitted66-a false certification under subsection (c) of this Code section:67-(1) The company shall be liable for a civil penalty in an amou nt that is equal to the68-greater of $250,000.00 or twice the amount of the contract for which a bid or proposal69-was submitted;70-(2) The state agency or the Department of Administrative Servi ces shall terminate the71-contract with the company; and72-(3) The company shall be ineligible to, and shall not, bid on a state contract."73-SECTION 3.74-Said title is further amended by adding new Code section to read as follows:75-"50-5-84.3.76-(a) As used in this Code section, the term:77-(1) 'Covered foreign entity' means an individual, business entity, or foreign government,78-or any subsidiary or affiliate thereof, that is:79-(A) Domiciled in the People's Republic of China or the Russian Federation; and80-(B) Under the influence or control of the government of the People's Republic of China81-or the Russian Federation.82-(2) 'Small unmanned aircraft system' means an unmanned, powered aircraft that:83-(A) Is operated without the possibility of direct human intervention from within or on84-the aircraft;85-(B) Can be expendable or recoverable; and86-(C) Weighs less than 55 pounds, including the weight of anything attached to or carried87-by the aircraft.88-(3) 'State agency' means a department, agency, board, commission, or authority of state89-government.90+25 LC 55 0433+(1) The company shall be liable for a civil penalty in an amou nt that is equal to the70+greater of $250,000.00 or twice the amount of the contract for which a bid or proposal71+was submitted;72+(2) The state agency or the Department of Administrative Servi ces shall terminate the73+contract with the company; and74+(3) The company shall be ineligible to, and shall not, bid on a state contract."75+SECTION 3.76+Said title is further amended by adding new Code section to read as follows:77+"50-5-84.3.78+(a) As used in this Code section, the term:79+(1) 'Covered foreign entity' means an individual, business entity, or foreign government,80+or any subsidiary or affiliate thereof, that is:81+(A) Domiciled in the People's Republic of China or the Russian Federation; and82+(B) Under the influence or control of the government of the People's Republic of China83+or the Russian Federation.84+(2) 'Small unmanned aircraft system' means an unmanned, powered aircraft that:85+(A) Is operated without the possibility of direct human intervention from within or on86+the aircraft;87+(B) Can be expendable or recoverable; and88+(C) Weighs less than 55 pounds, including the weight of anything attached to or carried89+by the aircraft.90+(3) 'State agency' means a department, agency, board, commission, or authority of state91+government.92+(b) No state agency shall purchase or otherwise acquire a small unmanned aircraft system93+that is manufactured or assembled by a covered foreign entity.94+S. B. 64- 4 --25 LC 55 0577S-(b) On or after January 1, 2028, no state agency shall acquire or enter into a contract for91-the acquisition of a small unmanned aircraft system that is manufactured or assembled by92-a covered foreign entity.93-(c) On or after January 1, 2028, no state funds made available to any state agency shall be94-used in connection with a small unmanned aircraft system that i s manufactured or95-assembled by a covered foreign entity.96-(d) Any state agency that has acquired or entered into a contr act for the acquisition of a97-small unmanned aircraft system that is manufactured or assemble d by a covered foreign98-entity may continue to operate such small unmanned aircraft system until January 1, 2029;99-provided, however, that, after such date, no state agency shall operate such a small100-unmanned aircraft system."101-SECTION 4.102-All laws and parts of laws in conflict with this Act are repealed.103+25 LC 55 0433+(c) No state funds made available to any state agency shall be used in connection with a95+small unmanned aircraft system that is manufactured or assemble d by a covered foreign96+entity.97+(d) On or after January 1, 2026, no state agency shall operate a small unmanned aircraft98+system that is manufactured or assembled by a covered foreign entity."99+SECTION 4.100+All laws and parts of laws in conflict with this Act are repealed.101+S. B. 64- 5 -
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