HASBSB15 TYLERT 3614
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 15 2021 Regular Session Milligan
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
PROCUREMENT CODE. Provides for the purchase of telecommunication and video
equipment services by all state agencies. (8/1/21)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Clarifies which voting machines, peripherals, and election systems are
prohibited.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 15 Reengrossed 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.
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(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 that are a product, or a
component thereof, that is identified as being produced by those prohibited
listed in proposed law shall be prohibited telecommunications or video
surveillance equipment.
(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 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 requires the chief information officer to report to the Joint Legislative
Committee on Technology by October 1 of each year regarding the operational readiness and
procurement requirements of the state in cybersecurity.
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. 39:15.3(F) and 200(M); and repeals R.S.
39:1755(5))
______________________
Thomas L. Tyler
Deputy Chief of Staff
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