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HB 1209

Restricting the possession, purchase, delivery, and sale of certain equipment used to illegally process controlled substances.

2023-2024 Regular Session Introduced by Dan Bronoske and 4 co-sponsors

Requires DES to assess vulnerabilities to foreign adversary influence across sectors and to propose a state intelligence unit, with a report due by 7/1/2026.

Effective date 7/23/2023.
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Bill Summary · HB 1209

Summary — HB 1209

Title: An Act to provide for a legislative management report relating to a foreign adversary threat assessment conducted by the Department of Emergency Services

Main purpose

Require a statewide assessment of vulnerabilities to foreign adversary influence and produce a written report with findings and policy/operational recommendations — including a proposal for a standing state intelligence capability — and deliver those recommendations to legislative management.

Key provisions

  • Scope of the assessment: the Department of Emergency Services (DES) must identify sectors and industries most vulnerable to foreign adversarial influence, explicitly including critical infrastructure, technology, agriculture, energy, and academia.
  • Broader influence vectors: assess foreign adversarial influence beyond land acquisition (e.g., strategic investments, partnerships, economic, educational, and political influence).
  • Compliance review: evaluate existing investments and activities for compliance with federal, state, and local laws.
  • Gap analysis: identify sectors where foreign adversarial influence is unmonitored or under‑reported.
  • Mitigation recommendations: propose broad and sector‑specific mitigation strategies that balance security with continued economic growth.
  • State intelligence unit: include in the report a proposal for establishing a state intelligence unit (structure, roles, operational procedures) to enable continuous monitoring of foreign adversary threats.
  • Report and delivery deadlines:
    • DES to produce the written report by July 1, 2026.
    • DES must present the report and any proposed implementing legislation to the Legislative Management before September 1, 2026.
  • Records protection: the report’s findings remain in the exclusive possession and control of DES and are designated as an exempt record under chapter 44‑04 (i.e., not subject to public disclosure).

Fiscal and procedural notes

  • A committee version/committee report included a one‑time appropriation of $3,200,000 (General Fund) to the Attorney General to contract with a consultant to perform a comprehensive assessment. Other text versions place responsibility with DES. The appropriation amount and contracting approach may vary depending on the final enacted language.
  • Some bill iterations declared the act an emergency measure (to accelerate implementation).
  • The exempt‑record designation limits public release of detailed findings; recommendations and proposed legislation are to be shared with Legislative Management.

Who is affected

  • Primary: Department of Emergency Services (lead), potentially the Attorney General (if contracting authority/funding used), and Legislative Management (recipient).
  • Secondary: public‑private sectors identified in the assessment — critical infrastructure operators, technology firms, agricultural and energy sectors, academic institutions, investors, and state/local agencies — which could face new reporting, screening, or mitigation measures following the assessment.
  • Potentially results in future legislation or establishment of a state intelligence unit with ongoing operational and fiscal implications.

Practical impact

HB 1209 initiates a comprehensive, time‑limited review of state vulnerabilities to foreign adversary influence and sets the stage for targeted policy, statutory changes, and a possible standing state intelligence capability. Immediate fiscal impact depends on whether the $3.2 million one‑time appropriation (or similar funding) is adopted to support consultant contracts or other implementation.

Compiled from official sources — confirm details with the bill’s official record.

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