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Regular Session, 2011
SENATE BILL NO. 213
BY SENATORS MICHOT AND CHEEK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INTERNET. Establishes the Louisiana Enhanced Governmental Access Portal within the
division of administration and provides its functions and duties. (gov sig)
AN ACT1
To enact Subpart E of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 39:17 through 20, relative to governmental portal3
services; to establish the Louisiana Enhanced Governmental Access Portal within the4
division of administration; to provide for the duties and functions of the5
commissioner of administration and chief information officer relative to the6
governmental portal; to provide for outsourcing of certain portal services; to provide7
for an effective date; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Subpart E of Chapter 1 of Subtitle I of Title 39 of the Louisiana Revised10
Statutes of 1950, to be comprised of R.S. 39:17 through 20, is hereby enacted to read as11
follows:12
SUBPART E. LOUISIANA ENHANCED13
GOVERNMENTAL ACCESS PORTAL14
§17. Louisiana Enhanced Governmental Access Portal15
The legislature hereby establishes the Louisiana Enhanced16
Governmental Access Portal, a public instrumentality carrying out an essential17 SB NO. 213
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governmental function within the division of administration.1
§18. Definitions2
As used in this Subpart, the following words and phrases shall mean:3
(1) "Agency" means any agency, board, commission, public4
instrumentality, or political subdivision of the state, or any of the foregoing5
entities acting on behalf of the state, that stores, gathers, or generates public6
information or conducts public transactions.7
(1.1) "CIO" means the chief information officer, head of the office of8
information technology within the division of administration.9
(2) "Portal" means any centralized electronic information system or10
collection of websites and applications by which public information shall be11
disseminated or collected, or transactions shall be conducted, via the Internet,12
dial-in modem, continuous link, or other electronic medium.13
(3) "Value-added charge" means the amount assessed and collected by14
the portal from users of certain portal services to support its outsourced15
operation so as not to require appropriated funds.16
§19. Portal functions and duties17
A. The CIO, under the direction of the commissioner of administration,18
shall have the following duties relative to the oversight and operation of the19
state of Louisiana's governmental portal:20
(1) To provide oversight of the agencies within the division of21
administration which supply and ensure electronic access to public information22
and to permit the conduct of electronic transactions with government for23
members of the public and business.24
(2) To promote the use of electronic commerce for information access25
and electronic transactions within the state in cooperation with the division of26
administration.27
(3) To provide appropriate oversight of any contracts relative to the28
operation of the state's portal.29 SB NO. 213
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(4) To explore with the portal manager ways of expanding and1
improving the amount and kind of electronic public information and electronic2
transactions provided, increasing the utility and form of the electronic public3
information and electronic transactions provided, and, where appropriate,4
implement such changes as are necessary to be consistent with the provisions of5
this Subpart.6
(5) To serve in an advisory capacity to the division of administration and7
other state agencies regarding the dissemination to and collection of electronic8
state data for residents and businesses.9
(6) To foster the principle of a user-supported portal for interactions10
with government throughout the state.11
B. All agencies may participate with the portal in providing assistance12
and cooperation to achieve the purpose of this Subpart.13
C. Electronic services and public information to be provided by or to14
any agency may be specified pursuant to a contract or contracts between the15
portal or its manager and such agency.16
D. Nothing in this Subpart shall be construed to affect the availability17
of public records in accordance with the Public Records Law as provided by18
R.S. 44:1, et seq.19
E. The commissioner of administration shall recommend any value-20
added charges for transactions or classes of transactions conducted through the21
portal for the review and approval of the Joint Legislative Committee on the22
Budget.23
F. Nothing herein shall apply to postsecondary education institution24
portals used to support faculty and students, nor to the Louisiana State25
University Health Electronic Health Record program established to provide26
patients and their treating medical team with access to patient medical27
information.28
§20. Outsourced portal manager; duties and rights29 SB NO. 213
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A. The CIO, under the direction of the commissioner of administration,1
shall oversee a competitive bid process to contract with a private entity to serve2
as outsourced portal manager after developing criteria and specifications for3
the portal manager's qualifications and duties.4
B. The commissioner of administration shall negotiate and enter into a5
contract with the portal manager to develop, operate, manage, maintain, and6
expand the portal.7
C. In addition, the portal manager shall perform the following functions:8
(1) Prepare an initial multi-year strategic portal business plan and9
update the plan yearly in consultation with and under the oversight of the10
commissioner of administration.11
(2) Process, or arrange for the processing of all financial transactions12
involving use of the portal and portal operations, receive and disburse moneys13
in connection therewith, and keep accurate records of the same.14
(3) Submit to the commissioner of administration quarterly unaudited15
portal financial reports, an annual financial audit by an independent audit firm,16
an annual portal operations report, and any other portal information17
reasonably requested by the commissioner of administration.18
(4) Use its own employees or subcontractors for its performance.19
(5) Use commercially reasonable procedures for the physical and20
electronic security of the portal and the transactions it conducts.21
(6) Make the initial capital investment, in exchange for a multi-year22
contract, to capitalize the portal's operations and periodic expansions of service23
and such subsequent capital investments as it shall deem advisable.24
(7) Fund ongoing portal operations through online transactions for25
which a value-added charge is collected.26
Section 2. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If29 SB NO. 213
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jay R. Lueckel.
DIGEST
Michot (SB 213)
Proposed law establishes the Louisiana Enhanced Governmental Access Portal, a public
instrumentality carrying out an essential governmental function, within the division of
administration.
Proposed law provides for certain duties the CIO, under the direction of the commissioner
of administration, shall exercise relative to the government portal, including, among others:
Sponsoring an online electronic portal to provide electronic access to public
information and to permit electronic transactions with government for members of
the public and business.
Promoting the use of electronic commerce for information access and electronic
transactions within the state.
Fostering the principle of a user-supported portal for interactions with government
throughout the state.
Proposed law provides that the commissioner of administration shall recommend any
charges for transactions or classes of transactions for the review and approval of the Joint
Legislative Committee on the Budget. Excludes applicability of such provisions affecting
the Public Records Law. Further excludes applicability of such provisions affecting
postsecondary education institution portals used to support faculty and students or the LSU
Health Electronic Health Record program.
Proposed law provides that the CIO, under the supervision of the commissioner of
administration, shall use a competitive bid process to contract with a private entity to serve
as outsourced portal manager after developing criteria and specifications for the portal
manager's qualifications and duties.
Proposed law provides that the portal manager shall perform various functions, including:
Preparing an initial multi-year strategic portal business plan and update the plan
yearly in consultation with and under the oversight of the commissioner of
administration.
Submitting to the commissioner of administration quarterly unaudited portal
financial reports, an annual financial audit by an independent audit firm, an annual
portal operations report, and any other portal information reasonably requested by
the commissioner of administration.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 39:17-20) SB NO. 213
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill.
1. Adds definition of chief information officer (CIO).
2. Provides for oversight of the portal functions and duties by the CIO, under
the direction of the commissioner of administration.
3. Excludes applicability of such provisions affecting the Public Records Law.
4. Provides that the commissioner of administration shall recommend any
charges for transactions or classes of transactions for the review and approval
of the Joint Legislative Committee on the Budget.
5. Excludes applicability of such provisions affecting postsecondary education
institution portals used to support faculty and students or the LSU Health
Electronic Health Record program.
6. Provides that the CIO, under the direction of the commissioner of
administration, shall oversee the outsourced portal management.