HB2127ham001 101ST GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 2/27/2019

10100HB2127ham001 LRB101 08419 RJF 56829 a

AMENDMENT TO HOUSE BILL 2127

AMENDMENT NO. ______. Amend House Bill 2127 by replacing everything after the enacting clause with the following:

"Section 1. Purpose. The General Assembly recognizes that an increasing amount of government information technology contracts require the use of computers, a virtual office, or online activity. The General Assembly further recognizes the difficulty in verifying hours worked on computers for government contracts. Therefore, the General Assembly intends to establish a secure and transparent process to verify hours worked on computers for government contracts to prevent abuse and over-billing.

Section 5. The Illinois Procurement Code is amended by adding Section 35-45 as follows:

(30 ILCS 500/35-45 new)

Sec. 35-45. Automatic work verification software.

(a) An information technology contract with a State agency for more than $500,000 that includes professional or technical services to be performed using a computer and paid by the hour shall require the contractor to use software that verifies hours billed for the work performed on the computer under that contract. The provisions of this subsection (a) shall not apply to any hours billed that are not performed on the computer. This Section shall not apply to the following entities:

(1) State employees;

(2) State agencies contracting with State agencies;

(3) any individual who works for a contractor that works on a State-owned device; and

(4) law enforcement agencies.

(b) An information technology contract subject to this Section shall require a contractor to use software to verify that hours billed for work under the contract that are performed on a computer are legitimate. The contract must specify that the agency will not pay for hours worked on a computer unless those hours are verifiable by the software or by data collected by the software. The software must do the following:

(1) permit the agency or an auditor of the agency to have real-time access to data collected or provided by the software, and at any time after the data is generated as required by the agency, during the term of the contract;

(2) automatically gather verification data of State-funded activity by tracking total keystroke and mouse event frequency, but shall not record actual keystrokes or mouse events, and taking a screenshot at least once every 3 minutes;

(3) provide to the agency or an auditor of the agency automated real-time cost status of each task;

(4) protect all data that is private or confidential, consistent with federal and State law; and

(5) permit the agency to provide immediate feedback to the contractor on work in progress.

(c) The data collected by the software shall be considered accounting records belonging to the contractor. The contractor must store, or contract with another to store, the data collected by the software per State law or for a period of no more than 7 years, and provide access to the contracting agency or State auditors upon request. The contractor may not sell or use the data generated by the software for any other purposes than to manage and verify hours worked on a computer and billed to the State.

(d) The contractor must not charge the agency or an auditor of the agency for access to or use of the work verification software, or for access to or retrievals of data collected by the software.

(e) Software used under this Section must be procured by the contractor from an independent entity. The independent entity shall not have access to any screenshots generated by the software used to comply with this Section.

(f) Any agency subject to the provisions of this Section shall adopt rules to implement this Section no later than 6 months after the effective date of this amendatory Act of the 101st General Assembly.".