SB271 the drone bill has passed the House 83-40. It will now go to the Senate where it is likely to be placed into a conference committee.
On Tuesday, the House debated SB271, the drone bill. Floor amendments were made, the amendments were almost entirely what our associations were able to negotiate with those introducing the bill to address law enforcement concerns with the original bill.
You can watch the video of the debate at this link, starting at 7:49:05
https://www.youtube.com/watch?v=rQjjQbGhTjE&list=PLGnUWv2THZAgsaF4f6VziflF2A0fzFWg5&index=57
The amended bill and the bill summary are available at the following links:
https://www.kslegislature.org/li/b2023_24/measures/documents/supp_note_sb271_03_0000.pdf
https://www.kslegislature.org/li/b2023_24/measures/documents/sb271_03_0000.pdf
Here is a summary of the changes:
- The prohibition of purchasing a drone manufactured in one of the listed countries still begins July 1, 2024.
- Prohibited drones purchased prior to July 1, 2024, can be maintained through a maintenance agreement you have on the drone.
- Prohibited drones purchased prior to July 1, 2024, can be maintained and parts purchased through July 1, 2027. Parts not manufactured in the listed countries must be used if available. If not available, you may purchase them from a source related to one of the listed countries.
- Reimbursement will be available covering the cost of a replacement drone, but only for the features similar to the drone being replaced. Your replacement can have additional features, but the cost of those will not be reimbursed.
- To be eligible for reimbursement the drone must be functional. Functional includes a drone that could be put back in working order if not for the prohibitions on repair in place. It does not include a drone that is not operational because of flight damage or other causes beyond failed components.
- A fund is created for the reimbursements within the Office of Attorney General. The fund is capped at $2.5M each fiscal year, however, that can be increased by the State Finance Council without going back to the legislature for the additional funds if requests exceed that amount.
- You may apply for the reimbursement prior to finalizing the purchase once you know the price and details of the drone being purchased. You do not have to commit to the purchase prior to approval. This allows you to know if any, or how much, of the cost will be reimbursed and what you will need other funding for.
- If you received reimbursement, the old drone becomes the property of the state. If you don’t receive a reimbursement, you can dispose of the drone in several ways as allowed by your local government rules. You cannot sell it to another government entity.
- The drop-dead date for using a prohibited drone remains July 1, 2029.
- The old drones transferred to the state, will be rehabilitated by the listed universities, if possible, then may be sold to local agencies. We don’t know if that is going to be possible or become a reality, but if it does, it may be a way from some of our smaller agencies to get drones at a lower cost they otherwise couldn’t afford. Think of it as the KHP police vehicle program for drones.
The bill will end up being further discussed in a conference committee between the House and Senate. If any additional tweaks are needed, they can be made in that process.
While I know this is not the ideal solution in the view of many, I do believe this achieves a positive response by the legislature to remove the unfunded mandate problem.
Ed Klumpp
Legislative Liaison
Kansas Peace Officers Association