SLS 21RS-69 ORIGINAL
2021 Regular Session
SENATE BILL NO. 15
BY SENATOR MILLIGAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PROCUREMENT CODE. Provides relative to purchase of telecommunication and video
equipment or services by all state agencies. (8/1/21)
1 AN ACT
2 To amend and reenact R.S. 38:2237.1, R.S. 39:1753.1, and R.S. 39:1755(5), relative to the
3 purchase of certain covered telecommunications and video equipment or services by
4 all state departments, agencies, boards, and commissions, and certain educational
5 entities; to require the purchase of covered telecommunications and video equipment
6 or services to comply with federal guidelines under Section 889(a) of the John S.
7 McCain National Defense Authorization Act for Fiscal Year 2019; to provide for
8 violations; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 38:2237.1 is hereby amended and reenacted to read as follows:
11 §2237.1. Purchase of approved telecommunications equipment by all state
12 departments, agencies, boards and commissions and certain
13 educational entities
14 A. No equipment, system, or service that uses covered telecommunications
15 or video surveillance equipment or services as described in Section 889(a) of the
16 Fiscal Year 2019 John S. McCain National Defense Authorization Act for Fiscal
17 Year 2019 shall be purchased, procured, obtained by contract, contract
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 15
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1 extension, or renewal of any system, or as critical technology as part of any
2 system for use by a state department, agency, board, or commission nor by any
3 public elementary, secondary, and or postsecondary education schools, institutions,
4 and governing authorities; nonpublic elementary, secondary, and postsecondary
5 schools, institutions, and governing authorities that receive state funds; and
6 proprietary schools that receive state funds unless the equipment is from a
7 manufacturer who is in compliance with Section 889(a) of the Fiscal Year 2019
8 John S. McCain National Defense Authorization Act for Fiscal Year 2019 as
9 provided in this Section.
10 B. Prior to the purchase, procurement, obtaining by contract, extension,
11 or renewal of a contract for equipment, systems, or services that are
12 telecommunications or video surveillance equipment or services, the vendor shall
13 provide documentation by affidavit that the telecommunications and video
14 surveillance equipment, systems, or services to be purchased or procured is from
15 a manufacturer that is in compliance with Section 889(a) of the Fiscal Year 2019
16 John S. McCain National Defense Authorization Act for Fiscal Year 2019.
17 C. No award of any bid, contract, or purchase shall be made from a vendor
18 or other entity who fails to provide the documentation required in Subsection B of
19 this Section. Any award of a bid to a contractor or purchase or contract to purchase,
20 extend, or renew a contract in violation of this Section shall be null and void.
21 Section 2. R.S. 39:1753.1 and 1755(5) are hereby amended and reenacted to read as
22 follows:
23 §1753.1. Purchase of approved telecommunications equipment by all state
24 departments, agencies, boards and commissions and certain
25 educational entities
26 A. No telecommunications or video surveillance equipment, system, or
27 service that uses a covered telecommunications or video surveillance equipment
28 or services as described in Section 889(a) of the Fiscal Year 2019 John S. McCain
29 National Defense Authorization Act for Fiscal Year 2019 shall be purchased or
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 15
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1 procured, obtained by contract, extension, or renewal of a contract, or acquired
2 by any state department, agency, board, or commission, or by public elementary,
3 secondary, and postsecondary education schools, institutions, and governing
4 authorities; nonpublic elementary, secondary, and postsecondary schools,
5 institutions, and governing authorities that receive state funds; and proprietary
6 schools that receive state funds unless the equipment is from a manufacturer who is
7 in compliance with Section 889(a) of the Fiscal Year 2019 John S. McCain National
8 Defense Authorization Act for Fiscal Year 2019 as provided in this Section.
9 * * *
10 §1755. General provisions
11 The following general provisions shall apply to all procurements under this Part:
12 * * *
13 (5) The provisions of this Part and R.S. 38:2237.1 shall, with respect to the
14 procurement of telecommunications systems or telecommunications equipment or
15 services as provided in Section 889(a) of the John S. McCain National Defense
16 Authorization Act for Fiscal Year 2019 shall supersede specifications of any
17 contradictory or conflicting provisions of the following statutes: R.S. 38:2211 et seq.
18 with respect to awarding of public contracts, and R.S. 39:1551 through 1736.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Martha S. Hess.
DIGEST
SB 15 Original 2021 Regular Session Milligan
Present law prohibits all of the following entities from purchasing telecommunications or
video surveillance equipment as described in Section 889(a) of the Fiscal Year 2019
National Defense Authorization Act unless such equipment is from a manufacturer that is
in compliance with such federal provision:
(1)Public elementary, secondary, and postsecondary schools, institutions, and governing
authorities.
(2)Nonpublic elementary, secondary, and postsecondary schools, institutions, and
governing authorities that receive state funds.
(3)Proprietary schools that receive state funds.
Proposed law broadens present law to prohibit all state departments, agencies, boards, or
commissions from purchasing, procuring, obtain by contract, contract extension or renewal
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Coding: Words which are struck through are deletions from existing law;
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of any system, or as critical technology as part of any system for use by a state department,
agency, board or commission that is not in compliance with Section 889(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019.
Proposed law changes name of federal law from Fiscal Year 2019 National Defense
Authorization Act to John S. McCain National Defense Authorization Act for Fiscal Year
2019.
Present law further requires the vendor of such equipment to provide an affidavit that the
equipment is from a manufacturer that is in compliance with such federal provision.
Proposed law retains present law and makes present law applicable to the purchase or
acquisition of any system, or as critical technology for use by a state department, agency,
board or commission under proposed law.
Effective August 1, 2021.
(Amends R.S. 38:2237.1, R.S. 39:1753.1 and 1755(5))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.