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2020 Second Extraordinary Session
SENATE BILL NO. 30
BY SENATORS MILLIGAN, ABRAHAM, CLOUD, FESI, HARRIS, JOHNS, MORRIS,
WHITE AND WOMACK AND REPRESENTATI VE WHITE
SCHOOLS. Provides regarding purchase of telecommunications and video equipment by
certain educational entities. (1/1/21) (Item #42)
1 AN ACT
2 To amend and reenact R.S. 39:1755(5) and to enact R.S. 38:2237.1 and R.S. 39:1753.1,
3 relative to purchases of certain telecommunications and video equipment by certain
4 educational entities; to require certain items purchased comply with federal
5 guidelines under Section 889 of the Fiscal Year 2019 National Defense
6 Authorization Act; to provide for violations; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 38:2237.1 is hereby enacted to read as follows:
9 §2237.1. Purchase of approved telecommunications equipment by certain
10 education entities
11 A. No telecommunications or video surveillance equipment shall be
12 purchased by public elementary, secondary, and postsecondary education
13 schools, institutions, and governing authorities; nonpublic elementary,
14 secondary, and postsecondary schools, institutions, and governing authorities
15 that receive state funds; and proprietary schools that receive state funds unless
16 the equipment is from a manufacturer who is in compliance with Section 889
17 of the Fiscal Year 2019 National Defense Authorization Act as provided in this
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1 Section.
2 B. Prior to the purchase of equipment, the vendor shall provide
3 documentation by affidavit that the telecommunications and video surveillance
4 equipment to be purchased is from a manufacturer that is in compliance with
5 Section 889 of the Fiscal Year 2019 National Defense Authorization Act.
6 C. No award of any bid or purchase shall be made from a vendor or
7 other entity who fails to provide the documentation required in Subsection B of
8 this Section. Any award of a bid to a contractor or purchase or contract to
9 purchase in violation of this Section shall be null and void.
10 Section 2. R.S. 39:1755(5) is hereby amended and reenacted and R.S. 39:1753.1 is
11 hereby enacted to read as follows:
12 §1753.1. Purchase of approved telecommunications equipment by certain
13 education entities
14 A. No telecommunications or video surveillance equipment shall be
15 purchased by public elementary, secondary, and postsecondary education
16 schools, institutions, and governing authorities; nonpublic elementary,
17 secondary, and postsecondary schools, institutions, and governing authorities
18 that receive state funds; and proprietary schools that receive state funds unless
19 the equipment is from a manufacturer who is in compliance with Section 889
20 of the Fiscal Year 2019 National Defense Authorization Act as provided in this
21 Section.
22 B. Prior to the purchase of equipment, the vendor shall provide
23 documentation by affidavit that the telecommunications and video surveillance
24 equipment to be purchased is from a manufacturer that is in compliance with
25 Section 889 of the Fiscal Year 2019 National Defense Authorization Act.
26 C. No award of any bid or purchase shall be made from a vendor or
27 other entity who fails to provide the documentation required in Subsection B of
28 this Section. Any award of a bid to a contractor or purchase or contract to
29 purchase in violation of this Section shall be null and void.
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1 * * *
2 §1755. General provisions
3 The following general provisions shall apply to all procurements under this
4 Part:
5 * * *
6 (5) The provisions of this Part and R.S. 38:2237.1 shall, with respect to the
7 procurement of telecommunications systems or telecommunications services,
8 supersede specifications of any contradictory or conflicting provisions of the
9 following statutes: R.S. 38:2211 et seq. with respect to awarding of public contracts,
10 and R.S. 39:1551 through 1736.
11 Section 3. This Act shall become effective on January 1, 2021.
The original instrument was prepared by Thomas L. Tyler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cheryl Cooper.
DIGEST
SB 30 Reengrossed 2020 Second Extraordinary Session Milligan
Proposed law prohibits the purchase of telecommunications or video surveillance equipment
by public elementary, secondary, and postsecondary education schools, institutions, and
governing authorities; nonpublic elementary, secondary, and postsecondary schools,
institutions, and governing authorities that receive state funds; and proprietary schools that
receive state funds unless the equipment is purchased from a vendor or other entity who is
determined to be in compliance with Section 889 of the Fiscal Year 2019 National Defense
Authorization Act.
Requires the vendor or other entity to provide documentation by affidavit of compliance
with proposed law.
Provides that any award of any bid or purchase in violation of proposed law is null and void.
Proposed law supercedes provisions regarding conflicting specifications in procurement of
telecommunications systems or telecommunications services under the Louisiana
Procurement Code.
Effective January 1, 2021.
(Amends R.S. 39:1755(5); adds R.S. 38:2237.1 and R.S. 39:1753.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original
bill
1. Clarifies that pertinent federal provision is Section 889 of the Fiscal Year
2019 National Defense Authorization Act.
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2. Deletes requirement for manufacturer to be listed on a federal General
Services Administration Schedule.
3. Adds provision that bid cannot be awarded to a contractor who fails to
provide required documentation.
Senate Floor Amendments to engrossed bill
1. Makes technical amendments.
2. Changes "manufacturer" to "vendor or other entity".
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.