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Regular Session, 2010
SENATE BILL NO. 541
BY SENATOR MICHOT
INTERNET. Establishes the Louisiana Enhanced Governmental Access Portal and its
oversight board in the office of the governor and provides for functions and duties. (gov sig)
AN ACT1
To enact R.S. 36:4(BB) and Part V-C of Chapter 1 of Subtitle I of Title 39 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 39:221 through 225, and3
1554(D)(1)(c), relative to electronic communications; to establish the Louisiana4
Enhanced Governmental Access Portal; to create and provide for the Louisiana5
Enhanced Governmental Access Portal Oversight Board; to provide for the6
outsourced portal manager and its duties, rights, and authority; to authorize user fees;7
to provide for definitions; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 36:4(BB) is hereby enacted to read as follows:10
§4. Structure of executive branch of state government11
* * *12
(BB) The Louisiana Enhanced Governmental Access Portal Oversight13
Board (R.S. 39:221 et seq.) is hereby placed within the office of the governor14
and shall exercise its powers, duties, functions, and responsibilities as provided15
by law.16
Section 2. Part V-C of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised17 SB NO. 541
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Statutes of 1950, to be comprised of R.S. 39:221 through 225, and 1554(D)(1)(c) are hereby1
enacted to read as follows:2
PART V-C. LOUISIANA ENHANCED3
GOVERNMENTAL ACCESS PORTAL4
§221. Louisiana Enhanced Governmental Access Portal5
The legislature hereby establishes, within the office of the governor, the6
Louisiana Enhanced Governmental Access Portal, a public instrumentality7
carrying out an essential governmental function, to facilitate electronic access8
to public information and promote electronic commerce.9
§222. Definitions10
As used in this Part, the following words and phrases shall mean:11
(1) "Agency" means any agency, board, commission, public12
instrumentality, or political subdivision of the state, or any of the foregoing13
entities acting on behalf of the state, that stores, gathers, or generates public14
information or conducts public transactions.15
(2) "LEGAP" means the Louisiana Enhanced Governmental Access16
Portal, or its successor.17
(3) "Oversight board" means the Louisiana Enhanced Governmental18
Access Portal Oversight Board established within the office of the governor.19
(4) "Portal" means any centralized electronic information system or20
collection of websites and applications by which public information shall be21
disseminated or collected, or transactions shall be conducted, via the Internet,22
dial-in modem, continuous link, or other electronic medium.23
(5) "Portal manager" means the outsourced entity engaged by24
contractual obligation to establish, develop, operate, maintain, and expand the25
portal on behalf of the state.26
(6) "Portal fee" means the fee assessed and collected to support the27
portal's outsourced operation.28
(7) "Public information" means any information stored, gathered, or29 SB NO. 541
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generated in electronic or magnet form by a state agency or instrumentality,1
which is included within the information deemed to be public pursuant to the2
public records law and any other provision of law providing for release of3
information to the public at large or to specified groups or recipients.4
(8) "State" means the state of Louisiana, acting through any of its5
agencies.6
(9) "User association" means an association:7
(a) Whose membership is identifiable by regular payment of association8
dues and regularly maintained membership lists.9
(b) Which is registered with the secretary of state of Louisiana as a10
corporation or limited liability company.11
(c) Which exists for the purpose of advancing the common occupation12
or profession of its membership.13
(d) Which promotes and encourages its members to use the portal14
developed pursuant to this Part.15
§223. The Louisiana Enhanced Governmental Access Portal Oversight Board;16
creation; membership; appointment, terms, compensation17
A. The Louisiana Enhanced Governmental Access Portal Oversight18
board, hereafter referred to in this Part as the "oversight board," is hereby19
created within the office of the governor and shall be composed of the following20
members:21
(1) Two members appointed by the governor from among the state22
executive branch agency heads.23
(2) The secretary of state.24
(3) The commissioner of administration.25
(4) One member appointed from the Police Jury Association of26
Louisiana or the Louisiana Municipal Association.27
(5)(a) Two members from user associations, initially appointed by the28
governor from a list of three names per position submitted by user associations.29 SB NO. 541
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(b) Thereafter, when a position becomes vacant, the governor shall1
appoint a member from a list of three names submitted by the oversight board2
and which are based upon recommendations from user associations.3
(c) No two members appointed pursuant to this Paragraph shall be4
members of the same user association.5
(6) One member appointed by the Louisiana Supreme Court if the6
judicial branch of government participates in the portal.7
(7) One member of the Senate appointed by the president of the Senate8
and one member of the House of Representatives appointed by the speaker of9
the House of Representatives if the legislature participates in the portal.10
B.(1) Members shall serve three-year terms, except that of the initial11
members, three members shall be appointed for a one-year term, three12
members shall be appointed for two-year terms, and the remaining members13
shall be appointed for three-year terms. Terms of office of the initial members14
shall be determined by lot at the initial meeting of the oversight board.15
(2) After each initial term expires, the member appointed to the16
subsequent term shall serve a three year term. No member shall serve more17
than nine consecutive years without a three year break in service.18
(3) A member may designate a person to attend and vote in the19
member's stead upon occasion, but such designation shall not permit the person20
to regularly attend in place of the member.21
(4) No vacancy in the membership of the oversight board shall impair22
the right of a quorum to exercise all rights and perform all the duties of the23
oversight board.24
(5) The chairman shall be elected by the oversight board; the oversight25
board may elect a vice-chairman and a secretary.26
(6) Five members of the oversight board shall constitute a quorum, and27
the affirmative vote of a majority of members present shall be required for any28
action taken by the oversight board.29 SB NO. 541
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(7) The oversight board shall meet at intervals as determined by its1
members, but at least semi-annually.2
(8) Each oversight board member shall serve without compensation.3
Nonlegislative board members may receive reimbursement for expenses in4
accordance with state statutes and policy. Legislators shall receive the same per5
diem and travel reimbursement for attending meetings of the board as is6
normally provided for members of the legislature.7
(9) The oversight board shall have no permanent staff; however, the8
division of administration shall provide to the oversight board such part time9
staffing or other assistance as it may reasonably require, under contract, and10
the actual costs of such assistance shall be paid by LEGAP through its oversight11
board.12
§224. Oversight board; functions, powers, and duties13
A. The oversight board shall:14
(1) Develop and implement an online portal to provide electronic access15
to public information and to permit the conduct of electronic transactions with16
government for members of the public and businesses.17
(2) Promote the use of electronic commerce for information access and18
electronic transactions within the state in cooperation with the division of19
administration.20
(3) Provide appropriate oversight of the outsourced portal manager.21
(4) Approve portal fees for services provided by the portal.22
(5) Seek to expand and improve resident and business access to23
electronic public information and electronic transactions and, where24
appropriate, implement such changes as are necessary to be consistent with the25
provisions of this Part.26
(6) Explore with the portal manager ways of expanding and improving27
the amount and kind of electronic public information and electronic28
transactions provided, increasing the utility and form of the electronic public29 SB NO. 541
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information and electronic transactions provided, and, where appropriate,1
implement such changes as are necessary to be consistent with the provisions of2
this Part.3
(7) Explore with the portal manager ways of expanding and improving4
the portal's services to residents and businesses by providing, as appropriate,5
access to add-on services such as for-profit databases and other electronic6
services.7
(8) Serve in an advisory capacity to the division of administration and8
other state agencies regarding the dissemination to and collection of electronic9
state data for residents and businesses needing to interact with the state of10
Louisiana.11
(9) Accept gifts, donations, and grants for the furtherance of the portal12
in Louisiana.13
B. All agencies shall participate with the portal in providing assistance14
and cooperation to achieve the purpose of this Part.15
C. Electronic services and public information to be provided by or to16
any agency shall be specified pursuant to a contract or contracts between the17
portal or its manager and such agency.18
D. The portal is intended to be supported primarily through user fees19
for transactions conducted through the portal and not primarily through20
appropriated dollars. The oversight board is authorized to levy users such fees.21
The oversight board may approve classes of transactions for which no fees are22
charged. It may also establish classes of governmental users that shall not be23
charged fees, or shall be charged reduced fees.24
E. The board shall adopt rules and regulations in accordance with the25
Administrative Procedure Act.26
§225. Outsourced portal manager; duties and rights27
A. The oversight board shall use a competitive bid process to contract28
with a private entity to serve as outsourced portal manager after developing, in29 SB NO. 541
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consultation with the division of administration, criteria and specifications for1
the portal manager's qualifications and its duties.2
B. The oversight board may negotiate and enter into a contract with the3
portal manager to develop, operate, manage, maintain, and expand the portal.4
C. The contract shall generally state the duties and responsibilities of the5
portal manager and shall also include any other terms deemed necessary to the6
contract. The portal manager shall:7
(1) Direct, manage and supervise the day-to-day development,8
operation, management, maintenance and expansion of the portal, including the9
initial phase of operations necessary to make such portal operational.10
(2) Attend meetings of the oversight board, report generally on the11
status of the portal and various services and make recommendations regarding12
the portal, including fees for new services and fee changes, if any, for existing13
services.14
(3) Keep a record of all portal operations.15
(4) Prepare an initial multi-year strategic portal business plan and16
update the plan yearly in consultation with and under the oversight of the17
oversight board.18
(5) Process, or arrange for the processing of all financial transactions19
involving use of the portal and portal operations, receive and disburse moneys20
in connection therewith, and keep accurate records of the same.21
(6) Submit to the oversight board quarterly unaudited portal financial22
reports, an annual financial audit by an independent audit firm, an annual23
portal operations report, and any other portal information reasonably24
requested by the oversight board.25
(7) Use its own employees or subcontractors for its performance.26
(8) Use commercially reasonable procedures for the physical and27
electronic security of the portal and the transactions it conducts.28
(9) Initially make the capital investment, in exchange for a multi-year29 SB NO. 541
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contract, to capitalize the portal's operations and periodic expansions of service.1
(10) Primarily fund ongoing portal operations through online2
transactions for which a fee is charged.3
D. The portal manager shall not be subject to the Louisiana4
Procurement Code in its operation of the portal.5
* * *6
§1554. Application of this Chapter7
* * *8
D. Exclusions. (1) This Chapter shall not be construed to change, affect,9
increase, or relieve the requirements of:10
* * *11
(c) R.S. 39:221 through 225, regarding the Louisiana Enhanced12
Governmental Access Portal.13
* * *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Linda Nugent.
DIGEST
Proposed law establishes, within the office of the governor, the Louisiana Enhanced
Governmental Access Portal (LEGAP), a public instrumentality carrying out an essential
governmental function, to facilitate electronic access to public information and promote
electronic commerce.
Proposed law creates within the office of the governor the LEGAP Oversight Board
composed of the following members:
(1)Two members appointed by the governor from among the state executive branch
agency heads.
(2)The secretary of state.
(3)The commissioner of administration. SB NO. 541
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(4)One member appointed from the Police Jury Association of La. or the La. Municipal
Association.
(5)Two members from user associations, initially appointed by the governor from a list
of three names per position submitted by user associations.
(6)One member appointed by the La. Supreme Court if the judicial branch of
government participates in the portal.
(7)One member of the Senate appointed by the president of the Senate and one member
of the House of Representatives appointed by the speaker of the House if the
legislature participates in the portal.
Proposed law provides for three-year terms, except that initially, by lot at the first meeting
of the board, three members shall be appointed for a one-year term, three members shall be
appointed for two-year terms, and the remaining members shall be appointed for three-year
terms. Limits serving on the board to no more than nine consecutive years without a three
year break in service. Provides for election of officers by the board.
Proposed law requires a quorum of five members of the oversight board and the affirmative
vote of a majority of members present for any action taken by the oversight board. Provides
for meeting at least semi-annually.
Proposed law provides for members to serve without compensation although nonlegislative
board members may receive reimbursement for expenses in accordance with state statutes
and policy. Legislators shall receive the same per diem and travel reimbursement for
attending meetings of the board as is normally provided for members of the legislature.
Proposed law provides for the board to, among other things, develop and implement an
online portal to provide electronic access to public information and to permit the conduct of
electronic transactions with government for members of the public and businesses, promote
the use of electronic commerce for information access and electronic transactions within the
state in cooperation with the division of administration, provide appropriate oversight of the
outsourced portal manager, assess portal fees for services provided by the portal, seek to
expand and improve resident and business access to electronic public information and
electronic transactions. Provides for the board to accept gifts, donations, and grants for the
furtherance of the portal.
Proposed law provides for the oversight board to contract with a private entity to serve as
outsourced portal manager through a competitive bid process. Provides for duties of the
portal manager to manage the operation of the portal, including making the initial capital
investment, in exchange for a multi-year contract, to capitalize the portal's operations and
periodic expansions of service. Provides for funding ongoing portal operations through
online transactions for which a fee is charged.
Proposed law exempts the portal manager from the La. Procurement Code.
Proposed law requires the oversight board to promulgate rules and regulations in accordance
with the Administrative Procedure Act.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 36:4(BB) and R.S. 39:221-225 and 1554(D)(1)(c))