The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Martha S. Hess.
DIGEST
SB 15 Engrossed 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 John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (National Defense Authorization Act) unless such equipment
is from a manufacturer that is in compliance with this 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 agencies and certain educational entities of the
state from procuring any prohibited telecommunications or video surveillance equipment or services
as defined in proposed law.
Present law requires the vendor of such equipment to provide an affidavit that the equipment is from
a manufacturer that is in compliance with such federal provisions. Proposed law retains present law
and makes present law applicable to the procurement of telecommunications or video surveillance
equipment or services by state agencies.
Proposed law defines "agency", "certain education entities", and "procure". Also defines "prohibited
telecommunications or video surveillance equipment or services" to include all of the following:
(1)Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, or any subsidiary or affiliate of such entities, as described in Section
889(f)(3)(A) of the National Defense Authorization Act.
(2)Video surveillance equipment or telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua
Technology Company, or any subsidiary or affiliate of such entities, as described in Section
889(f)(3)(B) of the National Defense Authorization Act.
(3)Telecommunications or video surveillance equipment or services produced or provided by
an entity found to be owned, controlled, or otherwise connected to the government of the
People's Republic of China, as described in Section 889(f)(3)(D) of the National Defense
Authorization Act. (4)Any product or equipment, regardless of manufacturer, containing as a component any
equipment identified by Subparagraphs (1) through (3) above. This may include but is not
limited to the following:
(a)Computers or other equipment containing a component which enables any form of
network connectivity or telecommunications regardless of whether the equipment is
regularly connected to a network.
(b)Building automation, environmental controls, access controls, or facility
management, and monitoring systems.
(c)Voting machines, peripherals, and election systems.
(5)Any services provided using any equipment identified by Subparagraphs (1) through (4) in
this Subsection.
Proposed law provides that any procurement of prohibited telecommunications or video surveillance
equipment or services or other procurement in violation of proposed law shall be null and void.
Proposed law repeals present law provision that with respect to the procurement of
telecommunications systems or services, present law supersedes conflicting provisions of present
law.
Proposed law applies only to procurements initiated on or after August 1, 2021, by state agencies,
certain educational entities, and their service providers.
Effective August 1, 2021.
(Amends R.S. 38:2237.1, R.S. 39:1753.1; adds R.S. 39:200(M); and repeals R.S. 39:1755(5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original bill
1. Defines the terms "agency", "certain education entities", "prohibited
telecommunications or video surveillance equipment or services", and "procure".
2. Provides that proposed law applies only to procurements initiated on or after August
1, 2021, by state agencies, certain educational entities, and their service providers.