SLS 22RS-450 ENGROSSED
2022 Regular Session
SENATE BILL NO. 347
BY SENATOR MILLIGAN
PROCUREMENT CODE. Authorizes the audit of certain vendor documentation in
procurement of surveillance equipment by the office of legislature auditor. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 38:2237.1(D) and R.S. 39:1672(C)(2) and 1753(A)(1) and (E),
3 and to enact R.S. 39:1672(C)(7), relative to procurement of certain
4 telecommunications equipment; to provide for audits of documentation submitted by
5 certain vendors; to provide for definitions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 38:2237.1(D) is hereby amended and reenacted to read as follows:
8 §2237.1. Procurement of telecommunications or video surveillance equipment or
9 services by state agencies and certain educational entities
10 * * *
11 D. This Section shall apply only to procurements initiated on or after August
12 1, 2021, by state agencies, certain educational entities, and their service providers.
13 Any vendor or other entity who provides the documentation required in
14 Subsection B of this Section found to supply telecommunications or video
15 surveillance equipment or services as defined to the procuring agency, certain
16 educational entity or their service provider that were prohibited at the time of
17 procurement shall, at its own expense, replace the prohibited
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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. 347
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1 telecommunications or video surveillance equipment or services with
2 nonprohibited equipment or services of at least equal quality and performance.
3 Compliance with this Section by a procuring agency and certain educational
4 entities is subject to audit by the Louisiana Legislative Auditor.
5 Section 2. R.S. 39:1672(C)(2) and R.S. 39:1753.1(A)(1) and (E) are hereby amended
6 and reenacted and R. S. 39:1672(C)(7) is hereby enacted to read as follows:
7 §1672. Authority to debar or suspend
8 * * *
9 (C) * * *
10 (2) Conviction under state or federal statutes of embezzlement, theft, forgery,
11 bribery, falsification or destruction of records, receiving stolen property, or any other
12 offense indicating a lack of business integrity or business honesty which currently,
13 seriously, and directly affects responsibility as a state contractor.
14 * * *
15 (7) Violation of the procurement of telecommunications or video
16 surveillance equipment or services by agencies and certain educational entities
17 set forth in R.S. 39:1753.1.
18 * * *
19 §1753.1. Procurement of telecommunications or video surveillance equipment or
20 services by state agencies and certain educational entities
21 A. * * *
22 (1) "Agency" shall have the same meaning as provided in R.S. 36:3 means
23 any department, office, division, commission, council, board, bureau,
24 committee, institution, agency, government corporation, or other establishment
25 or official of the executive branch of state government or any parish, city, town,
26 governmental body, and any other subdivision of the state or public agency
27 thereof, public authority, public educational, health, or other institution, and
28 to the extent provided by law, any other entity which expends public funds for
29 the acquisition or leasing of supplies, services, major repairs, and construction.
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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. 347
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1 * * *
2 E. This Section shall apply only to procurements initiated on or after August
3 1, 2021, by state agencies, certain educational entities, and their service providers.
4 Any vendor or other entity who provides the documentation required in
5 Subsection C of this Section found to supply telecommunications or video
6 surveillance equipment or services as defined to the procuring agency, certain
7 educational entity or their service provider that were prohibited at the time of
8 procurement shall, at its own expense, replace the prohibited
9 telecommunications or video surveillance equipment or services with
10 nonprohibited equipment or services of at least equal quality and performance.
11 Compliance with this Section by a procuring agency and certain educational
12 entities is subject to audit by the Louisiana Legislative Auditor.
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 Archana Cadge.
DIGEST
SB 347 Engrossed 2022 Regular Session Milligan
Present law prohibits certain entities from procuring prohibited telecommunications or video
surveillance equipment or services.
Present law requires vendors, prior to procurement of certain telecommunications or video
surveillance equipment or services, to provide documentation by affidavit that the equipment
or services to be procured are not prohibited telecommunications or video surveillance
equipment or services.
Proposed law requires vendors who supply prohibited equipment to replace the equipment
with nonprohibited equipment at their own expense that is of at least equal quality.
Proposed law requires that vendor documentation required in present law be subject to audit
by the office of the legislative auditor.
Proposed law provides that violation of the provisions of present law relative to procurement
of telecommunication or video surveillance equipment can result in debarment or
suspension.
Present law defines "agency" as the boards, commissions, departments, agencies, offices,
officers, and other instrumentalities, or any or all of these, within the executive branch of
state government which are abolished by this Title or which are transferred and placed
within departments of the state government created and established or continued by this Title
or transferred to and placed within the office of the governor as provided by this Title.
Proposed law defines "agency" as any department, office, division, commission, council,
board, bureau, committee, institution, agency, government corporation, or other
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SLS 22RS-450 ENGROSSED
establishment or official of the executive branch of state government or any parish, city,
town, governmental body, and any other subdivision of the state or public agency thereof,
public authority, public educational, health, or other institution, and to the extent provided
by law, any other entity which expends public funds for the acquisition or leasing of
supplies, services, major repairs, and construction.
Effective August 1, 2022.
(Amends R.S. 38:2237.1(D), R.S. 39:1672(C)(2), 1753(A)(1) and (E); adds R.S.
39:1672(C)(7))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Provides that debarment or suspension may result from violation present law.
2. Changes the definition of "agency".
3. Makes technical changes.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.