HSB 752 (LSB 6918YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN)

A BILL FOR

An Act relating to certain activities associated with foreign entities in the state, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
DRONES —— SECURITY AND PROCUREMENT

    Section 1.  NEW SECTION.  8A.311C  Remotely piloted aircraft —— procurement —— limitations —— state and political subdivisions.
   The state or a political subdivision of the state shall not purchase, lease, or operate a remotely piloted aircraft, as defined in section 715E.1, that is manufactured, in whole or in part, by a company listed on the covered list developed pursuant to 47 C.F.R. §1.50002 and published by the public safety and homeland security bureau of the federal communications commission.
    Sec. 2.  NEW SECTION.  715E.3A  Aggravated intrusion by use of a remotely piloted aircraft —— offense.
   A person commits aggravated intrusion by the use of a remotely piloted aircraft if the person knowingly controls the flight of a remotely piloted aircraft within four hundred feet of a power plant, water treatment facility, or national guard facility, and the remotely piloted aircraft was manufactured outside of the United States. A person who commits aggravated intrusion by the use of a remotely piloted aircraft is guilty of a class “D” felony.
    Sec. 3.  REMOTELY PILOTED AIRCRAFT —— FLEET REPLACEMENT.  Each state entity and political subdivision of the state that owns, leases, or operates a remotely piloted aircraft, as defined in section 715E.1, shall develop a plan to replace all remotely piloted aircraft that were manufactured, in whole or in part, by a company listed on the covered list developed pursuant to 47 C.F.R. §1.50002 and published by the public safety and homeland security bureau of the federal communications commission, with remotely piloted aircraft listed on the blue list of the federal defense contract management agency.
    Sec. 4.  REMOTELY PILOTED AIRCRAFT —— PROTOCOL AUDIT.  The chief information officer of the department of management shall conduct an audit of the transmission protocols utilized by remotely piloted aircraft, as defined in section 715E.1, operated by state entities and political subdivisions of the state to ensure compliance with the secure-by-design standards of the federal cybersecurity and infrastructure security agency with respect to data encryption and server localization.
DIVISION II
FOREIGN AGENTS —— REGISTRATION

    Sec. 5.  NEW SECTION.  68B.37  Foreign agent registration —— penalties.
   1.  a.  A foreign principal or agent of a foreign principal shall register with the board within forty-eight hours after engaging in lobbying or political consulting in this state.
   b.  A foreign principal or agent of a foreign principal that engages in lobbying or political consulting in this state shall file with the board a copy of each contract, compensation schedule, and communication log related to foreign-funded influence operations targeting legislators or executive branch agencies in this state.
   c.  Registration as a foreign principal or agent of a foreign principal pursuant to the federal Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. §611 et seq., does not satisfy the requirements of this subsection.
   2.  The board shall impose a civil penalty, to be deposited in the general fund of the state, of one hundred dollars per day on a person who fails to register as required by subsection 1, to a maximum of five thousand dollars per violation.
   3.  For purposes of this section, “foreign principal” and “agent of a foreign principal” mean the same as those terms are defined in the federal Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. §611 et seq.
DIVISION III
INTERNATIONAL DIRECTIVES —— STATE SOVEREIGNTY

    Sec. 6.  NEW SECTION.  1.19  International directives —— legislative approval —— audit.
   1.  A treaty, accord, emergency guideline, or other document issued by the world health organization, united nations, or world economic forum does not have the force of law in this state unless the accord, emergency guideline, or other document is affirmatively adopted as law in this state by the general assembly.
   2.  The state of Iowa or a political subdivision of the state of Iowa shall not use tax revenues or direct personnel to enforce mandates derived from a treaty, accord, emergency guideline, or other document issued by an international organization.
   3.  Each department, authority, and agency of this state shall annually conduct a review of all memoranda of understanding entered into by the department, authority, or agency to ensure that the department, authority, or agency is not using any resources of the state to support international regulatory goals that have not been adopted as law in this state by the general assembly.
   4.  The state of Iowa hereby affirms, pursuant to the tenth amendment to the Constitution of the United States, that powers relating to public health and police powers in this state reside exclusively with the state of Iowa and not any international organization.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to certain activities associated with foreign entities in the state.
   DIVISION I —— DRONES —— SECURITY AND PROCUREMENT. The bill prohibits the state or a political subdivision of the state from purchasing, leasing, or operating a remotely piloted aircraft, defined as a self-propelled vehicle used for navigation and flight that is controlled by the use of an electronic system and is not designed to carry a human, that is manufactured, in whole or in part, by a company listed on the covered list published by the public safety and homeland security bureau of the federal communications commission.
   The bill creates the crime of aggravated intrusion by the use of a remotely piloted aircraft, which a person commits if the person controls the flight of a remotely piloted aircraft, that was manufactured outside of the United States, within 400 feet of a power plant, water treatment facility, or national guard facility. A person who commits aggravated intrusion by the use of a remotely piloted aircraft is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   The bill requires each state entity and political subdivision of the state that owns, leases, or operates a remotely piloted aircraft to develop a plan to replace all remotely piloted aircraft that were manufactured, in whole or in part, by a company listed on the covered list published by the public safety and homeland security bureau of the federal communications commission with remotely piloted aircraft listed on the blue list of the federal defense contract management agency.
   The bill also requires the chief information officer of the department of management to conduct an audit of the transmission protocols utilized by remotely piloted aircraft operated by state entities and political subdivisions of the state to ensure compliance with the secure-by-design standards of the federal cybersecurity and infrastructure security agency with respect to data encryption and server localization.
   DIVISION II —— FOREIGN AGENTS —— REGISTRATION. The bill requires a foreign principal, or the agent of a foreign principal, as defined in federal law, to register with the Iowa ethics and campaign disclosure board (board) within 48 hours after engaging in lobbying or political consulting in this state, as well as to file with the board a copy of each contract, compensation schedule, and communication log related to foreign-funded influence operations targeting legislators or executive branch agencies in this state. The bill directs the board to impose a civil penalty of $100 per day on a person who does not register as required by the bill, up to a maximum penalty of $5,000 for a single violation, to be deposited in the general fund of the state.
   By operation of law, a person who knowingly and intentionally violates this provision of the bill is guilty of a serious misdemeanor and may be reprimanded, suspended, or dismissed from the person’s position or otherwise sanctioned (Code section 68B.34). A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   DIVISION III —— INTERNATIONAL DIRECTIVES —— STATE SOVEREIGNTY. The bill specifies that a treaty, accord, emergency guideline, or other document issued by the world health organization, united nations, or world economic forum does not have the force of law in this state unless it is affirmatively adopted as law in this state by the general assembly. The bill also prohibits the state or a political subdivision of the state from using tax revenues or directing personnel to enforce mandates derived from a treaty, accord, emergency guideline, or other document issued by an international organization. The bill requires each department, authority, and agency of this state to annually conduct a review of all memoranda of understanding to ensure that the entity is not using any resources of the state to support international regulatory goals that have not been adopted as law in this state by the general assembly.
   The bill affirms, pursuant to the 10th amendment to the Constitution of the United States, that powers relating to public health and police powers in this state reside exclusively with the state of Iowa and not any international organization.