1|ENGROSSED HOUSE AMENDMENT |
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2|ENGROSSED SENATE BILL NO. 1153 By: Barrington of the |
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| Terrill and Steele |
5| of the House |
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9| ( Oklahoma Office of Homeland Security - |
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10| communications - Information Services Division of |
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11| the Office of State Finance - codification - |
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12| effective date ) |
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15|AUTHORS: Add the following House Coauthors: Remove Steele as House |
| Coauthor and add Roan and Tibbs as House Coauthors |
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17|AMENDMENT NO. 1. Strike the stricken title, enacting clause and |
| entire bill and insert |
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20| "An Act relating to communications; specifying the |
| duties of the Oklahoma Office of Homeland Security |
21| regarding certain communications within the state; |
| providing intent of the Legislature regarding |
22| certain communication systems; prohibiting use of |
| state funds under certain circumstances; amending 62 |
23| O.S. 2001, Sections 41.5i, as last amended by |
| Section 5, Chapter 266, O.S.L. 2006 and 41.5j, as |
24| amended by Section 6, Chapter 266, O.S.L. 2006 (62 |
| O.S. Supp. 2008, Sections 41.5i and 41.5j), which |
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1| relate to the Information Services Division of the |
| Office of State Finance; modifying certain powers |
2| and duties; modifying certain exception; prohibiting |
| the use of state funds by state agencies under |
3| certain circumstances; providing method for |
| acquiring, developing, or enhancing certain |
4| communication systems; authorizing certain proposal; |
| providing for codification; and providing an |
5| effective date. |
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6| |
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7| |
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8|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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9| SECTION 1. NEW LAW A new section of law to be codified |
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10|in the Oklahoma Statutes as Section 51.1a of Title 74, unless there |
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11|is created a duplication in numbering, reads as follows: |
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12| A. In addition to the powers and duties as defined elsewhere in |
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13|statute, the Oklahoma Office of Homeland Security has the duty and |
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14|responsibility for interoperable public safety communications |
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15|planning within the State of Oklahoma. As part of this duty the |
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16|Oklahoma Office of Homeland Security shall: |
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17| 1. Annually develop and report to the Governor, President Pro |
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18|Tempore of the Senate and Speaker of the House of Representatives, |
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19|the Statewide Communications Interoperability Plan; |
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20| 2. Coordinate statewide planning for public safety |
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21|communication needs of state government and state emergency |
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22|responders, including a migration plan for state agency use of |
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23|public safety communications technologies and rendering of aid |
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24|between state government and its political subdivisions for |
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1|organizing and use of disparate public safety communications |
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2|systems; |
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3| 3. Serve as a focal point for all state-level projects |
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4|involving public safety communications vendors where the focus of |
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5|such authority can substantially enhance the state communications |
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6|plan or savings; |
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7| 4. Apply for, receive, and hold, or assist state agencies in |
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8|applying for, receiving, or holding such authorizations, licenses, |
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9|and allocations of channels and frequencies to carry out the |
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10|purposes of this section; |
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11| 5. Establish minimum standards and protocols for acquisition, |
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12|development, or enhancement of public safety communications |
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13|technologies. These standards shall be utilized by the Information |
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14|Services Division of the Office of State Finance pursuant to the |
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15|provisions of Section 41.5i of Title 62 of the Oklahoma Statutes; |
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16|and |
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17| 6. Accomplish such other purposes as may be necessary or |
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18|incidental to the administration of its authority or functions |
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19|pursuant to law. |
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20| B. It is the intent of the Legislature that all state public |
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21|entities comply with the provisions of the Statewide Communications |
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22|Interoperability Plan issued by the Oklahoma Office of Homeland |
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23|Security. All state agencies are required to review the provisions |
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24|of the Statewide Communications Interoperability Plan and the public |
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1|safety communications standards issued by the Oklahoma Office of |
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2|Homeland Security prior to the purchase, acquisition, development, |
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3|or enhancement of any public safety communications system. Local |
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4|public safety agencies and political subdivisions of the state are |
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5|encouraged, but not required, to review the provisions of the |
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6|Statewide Communications Interoperability Plan and the public safety |
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7|communications standards issued by the Oklahoma Office of Homeland |
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8|Security prior to the purchase, acquisition, development, or |
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9|enhancement of any public safety communications system to assist the |
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10|local public safety agency or political subdivision in purchasing |
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11|decisions. |
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12| C. No state agency shall use state funds or enter into any |
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13|agreement for the acquisition, development, or enhancement of a |
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14|public safety communication system unless the request is consistent |
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15|with the Statewide Communications Interoperability Plan and the |
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16|public safety communications standards issued by the Oklahoma Office |
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17|of Homeland Security. |
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18| SECTION 2. AMENDATORY 62 O.S. 2001, Section 41.5i, as |
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19|last amended by Section 5, Chapter 266, O.S.L. 2006 (62 O.S. Supp. |
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20|2008, Section 41.5i), is amended to read as follows: |
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21| Section 41.5i In addition to the powers and duties as defined |
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22|elsewhere in this title, the Information Services Division of the |
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23|Office of State Finance shall: |
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24| |
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1| 1. Coordinate statewide planning for communication and | | | 2|telecommunications needs of state government, including, but not | | | 3|limited to, voice, data, radio, video, Internet, eGovernment, as | | | 4|referenced in Sections 41.5p and 41.5q of this title, and facsimile | | | 5|transmissions through analysis of the telecommunications and | | | 6|information technology plan of each agency; | | | 7| 2.EstablishIn coordination with the Oklahoma Office of | | | 8|Homeland Security, establish minimum mandatory standards and | | | 9|protocols for: | | | 10| a. communication networks and equipment, | | | 11| b. wide area and local area systems, | | | 12| c. integration of equipment, systems and joint usage, | | | 13| d. Internet and eGovernment, | | | 14| e. operating systems or methods to be used to meet | | | 15| communications requirements efficiently, effectively, | | | 16| and securely, | | | 17| f. rendering of aid between state government and its | | | 18| political subdivisions with respect to organizing of | | | 19| communications systems, and | | | 20| g. an economical and cost-effective utilization of | | | 21| communication services. | | | 22| The standards and protocols shall be compatible with the | | | 23|standards and protocols established for the Oklahoma Government | | | 24|Telecommunications Network created in Section 41.5m of this title; | | | Page 5 ___________________________________________________________________________
1| 3. Serve as a focal point for all statewide projects involving |
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2|current communications vendors where the focus of such authority can |
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3|substantially enhance the state communications plan or the savings |
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4|which can be achieved thereunder; |
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5| 4. Provide, when requested by political subdivisions of the |
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6|state, for the organizing of communications or telecommunications |
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7|systems and service between the state and its political subdivisions |
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8|and enter into agreements to effect the purposes of this section; |
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9| 5. Cooperate with any federal, state or local emergency |
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10|management agency in providing for emergency communications and |
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11|telecommunication services; |
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12| 6. Apply for, receive, and hold, or assist agencies in applying |
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13|for, receiving or holding such authorizations, licenses and |
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14|allocations of channels and frequencies to carry out the purposes of |
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15|this section; |
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16| 7. Accomplish such other purposes as may be necessary or |
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17|incidental to the administration of its authority or functions |
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18|pursuant to law; and |
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19| 8. Provide support for telecommunication networks of state |
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20|agencies through analysis of the telecommunications needs and |
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21|requirements of each agency and promotion of the use of the Oklahoma |
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22|Government Telecommunications Network created in Section 41.5m of |
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23|this title. |
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1| SECTION 3. AMENDATORY 62 O.S. 2001, Section 41.5j, as |
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2|amended by Section 6, Chapter 266, O.S.L. 2006 (62 O.S. Supp. 2008, |
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3|Section 41.5j), is amended to read as follows: |
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4| Section 41.5j A. No agency of the executive branch of the |
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5|state shall use state funds for or enter into any agreement for the |
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6|acquisition, development or enhancement of a communication or |
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7|telecommunication system including voice, data, radio, video, |
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8|Internet, eGovernment, as referenced in Sections 41.5p and 41.5q of |
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9|this title, and facsimile systems, without written authorization of |
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10|the Director of State Finance. The Director of State Finance shall |
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11|verify that any acquisition, development or enhancement is |
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12|compatible with the operation of the Oklahoma Government |
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13|Telecommunications Network created in Section 41.5m of this title. |
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14| B. No agency of the executive branch of the state shall enter |
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15|into any agreement for the acquisition, development or enhancement |
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16|of a communication or telecommunication system or service including |
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17|voice, data, radio, video, Internet, eGovernment, and facsimile |
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18|systems, unless the cost of such addition, change, improvement or |
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19|development has been included in the statewide communications plan |
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20|of the Information Services Division, as said plan may have been |
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21|amended or revised. |
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22| C. State agencies may enter into interagency contracts to share |
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23|communications and telecommunications resources for mutually |
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24|beneficial purposes. The contract shall clearly state how its |
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1|purpose contributes to the development or enhancement or cost |
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2|reduction of a state network which includes voice, data, radio, |
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3|video, Internet, eGovernment, or facsimile systems. The contract |
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4|shall be approved by the Information Services Division before any |
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5|payments are made. |
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6| D. The provisions of subsections A, B and C of this section |
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7|shall not apply to the telecommunications network known as OneNet |
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8|whether said network is governed or operated by the Oklahoma State |
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9|Regents for Higher Education or any other state entity assigned |
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10|responsibility for OneNet. |
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11| E. No state agency shall use state funds or enter into any |
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12|agreement for the acquisition, development or enhancement of a |
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13|public safety communication system unless the request is consistent |
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14|with the Statewide Communications Interoperability Plan and the |
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15|public safety communications standards issued by the Oklahoma Office |
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16|of Homeland Security. Agencies interested in acquiring, developing |
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17|or enhancing a public safety communications system shall submit a |
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18|proposal to the Oklahoma Office of Homeland Security. The Oklahoma |
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19|Office of Homeland Security shall issue a proposal review which |
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20|summarizes whether the proposal is consistent with the Statewide |
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21|Communications Interoperability Plan and the technology standards |
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22|issued. The proposal review shall be submitted to the requesting |
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23|agency and to the Director of State Finance. |
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24| SECTION 4. This act shall become effective November 1, 2009." |
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1| Passed the House of Representatives the 16th day of April, 2009. |
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4| Presiding Officer of the House of |
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6| Passed the Senate the ____ day of __________, 2009. |
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9| Presiding Officer of the Senate |
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