Senate Bill 2853

(As Sent to Governor)

AN ACT TO REQUIRE STATE-PURCHASED SMALL UNMANNED AIRCRAFT SYSTEMS OR DRONES TO BE MANUFACTURED IN THE UNITED STATES OF AMERICA BY AN AMERICAN-OWNED COMPANY AND TO POSSESS COLLISION AVOIDANCE SYSTEMS; TO EXEMPT STATE INSTITUTIONS OF HIGHER LEARNING FROM SUCH REQUIREMENTS UNDER CERTAIN CIRCUMSTANCES; TO GRANT A 10% BID PREFERENCE IN PUBLIC PROCUREMENT FOR SMALL UNMANNED AIRCRAFT SYSTEMS AND RELATED SERVICES TO MISSISSIPPI MANUFACTURERS AND SERVICING COMPANIES; TO REQUIRE ALL PUBLIC AGENCIES TO SOLICIT AT LEAST ONE BID FROM A MISSISSIPPI-BASED SMALL UNMANNED AIRCRAFT SYSTEM MANUFACTURER; TO PROHIBIT STATE AGENCIES FROM PURCHASING OR OPERATING SMALL UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED FROM PARTS MANUFACTURED IN THE PEOPLE'S REPUBLIC OF CHINA; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "sUAS" means a small unmanned aircraft system, also called a drone, including the unmanned aircraft itself and any additional support equipment, control stations, data links, telemetry, communications and navigation equipment or any other equipment necessary to operate the unmanned aircraft.

(b) "Domestic manufacturer" means a manufacturing company incorporated and headquartered in the United States of America and whose majority ownership is comprised of American citizens and which manufactures drones at a facility in the United States of America. If such company is owned by another entity, that entity must also be an American company.

(c) "Domestic sUAS company" means a company which provides maintenance, repair, and other technical services for small unmanned aircraft systems, including drones, which is incorporated, headquartered and primarily provides such services in the United States of America.

(d) "Collision avoidance system" means a system of hardware or software designed to mitigate collision risk for drones.

(2) Beginning January 1, 2025, all small unmanned aircraft systems and drones purchased by the State of Mississippi or any agency or political subdivision thereof shall be purchased exclusively from a domestic manufacturer and shall possess collision avoidance systems. All maintenance, repair and other technical services on drones owned by the State of Mississippi or any agency or political subdivision thereof shall be performed by a domestic sUAS company. All infrastructure inspection services requiring the use of sUAS and contracted for on behalf of the State shall be performed using domestically manufactured sUAS.

(3) In public procurement under Title 31, Chapter 7, domestic manufacturers operating within the State of Mississippi shall be granted a ten percent (10%) bid preference over non-Mississippi manufacturers and domestic sUAS companies shall be granted a ten percent (10%) bid preference over non-Mississippi companies. Additionally, all agencies and public entities may solicit a minimum of one (1) bid from a Mississippi-based small unmanned aircraft system manufacturer.

(4) An agency may not purchase or operate a small unmanned aircraft system manufactured in the People's Republic of China. For purposes of this section, the term "manufactured" includes a small unmanned aircraft system that is assembled in a country other than the People's Republic of China but which is comprised of more than a negligible amount of parts, software, components or raw materials originating in the People's Republic of China.

(5) The provisions of this section shall not apply to a state institution of higher learning with a federally designated research center when such institution is conducting research regarding sUAS and related matters.

SECTION 2. Section 1 of this act shall be codified in Title 31, Chapter 7, Mississippi Code of 1972.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.