KRS 45A.605: Finance and Administration Cabinet's authority to enter into

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.