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AB 439

Revises provisions concerning the purchase or acquisition of certain unmanned aerial vehicles or other related equipment and services under certain circumstances. (BDR 44-896)

2025 Regular Session Introduced by Lisa Cole

AB 439 allows limited procurement of otherwise prohibited UAVs only if data is stored in the U.S., access is restricted, vendor policies meet safeguards, and federal law is followe

Chapter 317.
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Bill Summary · AB 439

AB 439 — Summary (83rd Legislative Session, 2025)

Main purpose

AB 439 amends NRS 493.118 to refine Nevada’s restrictions on public procurement of unmanned aerial vehicles (UAVs) and related equipment/services. The bill preserves a prohibition list of foreign countries, businesses, and entities, but creates a limited exception that allows public agencies and law enforcement agencies to purchase otherwise-prohibited UAV products or services when certain data‑security and legal conditions are met.

Key provisions

  • Registry & regulation (existing framework retained and clarified)

    • The Department of Public Safety must continue to maintain a registry of UAVs operated by public agencies and publish registry information online.
    • The Department must adopt regulations specifying permissible public purposes for UAV operations (fire, EMS, critical facility protection, search-and-rescue, scheduled inspections) and rules limiting data collection during scheduled inspections (collected images/recordings from such inspections are inadmissible except for the inspection purpose and cannot be used to establish probable cause).

  • Prohibited list (expanded specification)

    • The Department must establish lists of countries, businesses, and entities from which public agencies and law‑enforcement agencies are generally prohibited from purchasing or acquiring UAVs, equipment, or services. Lists must include entities identified under federal law (e.g., DoD Section 1260H) and other items the Department deems appropriate.

  • Limited procurement exception (new)

    • A public agency or law enforcement agency may buy or acquire UAVs/equipment/services from an entity on the prohibited list only if all of the following apply:
    • Any photograph, image, recording, or other information collected by the vendor in connection with the product or service is stored and maintained exclusively within the United States.
    • That information is not accessible to certain third parties (versions of the bill specify third parties include persons domiciled in or under the jurisdiction of foreign countries or foreign corporate headquarters).
    • Before purchase, the purchasing public agency or law‑enforcement agency (earlier drafts assigned this role to the Department) determines that the vendor’s policies comply with the U.S.-storage and access requirements.
    • The purchase complies with all applicable federal law, including restrictions on use of federal funds.

  • Procurement guidance and preference

    • The law expressly encourages public agencies to prioritize domestically manufactured UAV systems when feasible and available.

Who is affected

  • Nevada public agencies and law enforcement agencies (procurement processes, contracting, compliance duties).
  • Vendors/manufacturers of UAVs and related services — particularly foreign entities or those on federal risk lists — because they must demonstrate U.S. data storage and restricted access to be eligible.
  • Local governments: the bill notes there may be fiscal impacts (e.g., compliance costs, changes to procurement, potential higher costs for U.S.-only storage or alternate vendors).
  • Federal funding recipients: purchases must respect federal restrictions on certain UAVs and on the use of federal funds.

Procedural/timeline highlights

  • Introduced: February 6, 2025.
  • Passed Assembly (as amended) and Senate; multiple committee amendments and reprints during spring 2025.
  • An amendment set an effective date in committee versions (July 1, 2025); final enrolled version was chaptered into law in 2025 (Status provided: Chapter 317).
  • Fiscal notes: “Effect on Local Government: May have Fiscal Impact.” “Effect on the State: No.”

Practical effect

AB 439 tightens Nevada’s procurement safety net by allowing narrowly tailored exceptions for otherwise-prohibited UAV suppliers conditioned on strict U.S.-based data storage, restricted third‑party access, agency-level verification, and federal-law compliance — while encouraging purchase of U.S.-made systems. Agencies will likely need enhanced procurement vetting, contractual data‑security provisions, and recordkeeping to use the exception.

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

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