45A.605 Finance and Administration Cabinet's authority to enter into
592 words·~3 min read·
/ky/45a-605A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
contracts for "information highway" for state agencies -- Mandatory use --
Exceptions -- Status as a state agency price contract -- Access to
contract by certain nonprofit schools, nonprofit organizations, and
economic development entities.
(1)As used in this section:
(a)"Information highway" means a communication network for voice, data,
and video communications technologies; and
(b)"Agencies of the Commonwealth of Kentucky" includes all authorities;
boards; commissions; councils; departments; program cabinets; the
Kentucky Lottery Corporation; vocational schools; the Kentucky School
for the Deaf; the Kentucky School for the Blind; upon written request of
the Chief Justice, the Court of Justice; upon written request of the
co-chairmen of the Legislative Research Commission, the General
Assembly and the Legislative Research Commission; and upon written
request of presidents, state institutions of higher education.
(2)The provisions of any other law notwithstanding, the Finance and
Administration Cabinet may enter into one
(1)or more contracts, on behalf of
agencies of the Commonwealth of Kentucky, with any person, partnership, or
corporation that operates an information highway. The information highway
shall enable the Commonwealth to benefit from cost-effective
telecommunications technologies and shall provide opportunities for the private
sector. These opportunities shall include but not be limited to the
implementation of transactions and activities associated with the provision of
telehealth by licensed health-care providers as provided in KRS Chapters 205,
211, 304.17A, 310, 311, 312, 313, 314, 314A, 315, 319, 319A, 320, 327, 334A,
and 335.
(3)Upon implementation, all agencies of the Commonwealth of Kentucky shall
obtain all available communications services under contracts executed
pursuant to subsection
(2)of this section, except as provided under subsection
(4)of this section.
(4)The secretary of the Finance and Administration Cabinet may grant exceptions
to the mandatory use of the information highway upon good cause shown.
(5)Any contract awarded under subsection
(2)of this section shall be deemed, for
purposes of KRS 45A.050, a state agency price contract to which all political
subdivisions and state-licensed nonprofit institutions of higher education may
have access and use on the same terms as agencies of the Commonwealth of
Kentucky. In addition, nonprofit schools providing elementary or secondary
education and nonprofit health care organizations shall be allowed to have
access and use the contract on the same terms as agencies of the
Commonwealth of Kentucky. "Nonprofit schools" and "nonprofit health care
organizations" mean those schools and health care organizations which have
been granted tax-exempt status under the United States Internal Revenue
Code.
(6)Any contract awarded under subsection
(2)of this section shall be deemed a
state agency price contract to which any entity that has been approved for
economic development incentives under programs approved and administered
by the Kentucky Economic Development Finance Authority may have access
and use on the same terms as agencies of the Commonwealth of Kentucky.
(7)Any contract awarded under subsection
(2)of this section shall be deemed a
state agency price contract to which nonprofit organizations whose exclusive
purpose is the delivery of services related to education, economic
development, or cultural arts and humanities, may have access and use on the
same terms as agencies of the Commonwealth of Kentucky. For the purposes
of this section, "nonprofit organizations" means those organizations which have
been granted tax-exempt status under Section 501(c)(3) of the United States
Internal Revenue Code or those existing education based entities whose
purpose is the delivery of services to state school systems, their employees, or
their governing organizations and which have been granted tax-exempt status
under Section 501(c)(6) of the United States Internal Revenue Code.