SB1326 101ST GENERAL ASSEMBLY

LRB101 08418 RJF 53488 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1326

Introduced 2/7/2019, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

30 ILCS 500/35-45 new

Amends the Illinois Procurement Code. Provides that any contract entered into between a governmental entity and a contractor for the provision of professional or technical services in excess of $100,000 shall require a contractor to use software to verify that hours billed for work under the contract for services performed on a computer are legitimate. Provides that the contract shall specify that the governmental entity will not pay for hours worked on a computer, unless those hours are verifiable by the software or by data collected by the software. Provides for the required functions of the software to be used. Requires a contractor to store data collected by the software for 7 years, and to retrieve and make available that data to a governmental entity upon request. Provides that a contractor shall not charge the governmental entity, or an auditor of the entity, for access to or use of the work verification software, or for access to or retrievals of data collected by the software. Provides that the verification software shall be procured by the contractor from an independent entity. Provides that these provisions shall apply to all applicable contracts entered into on and after the effective date of this amendatory Act. Defines "governmental entity".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Purpose. The General Assembly recognizes that an increasing amount of government 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) This Section shall apply to a contract by or on behalf of a governmental entity that contracts for professional or technical services in excess of $100,000. For the purposes of this Section, "governmental entity" means the Governor, any State agency or department thereof, and any political subdivision of this State.

(b) Any contract entered into between a governmental entity and a contractor under subsection (a) shall require a contractor to use software to verify that hours billed for work under the contract for services performed on a computer are legitimate. The contract shall specify that the governmental entity 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 required under this subsection (b) shall perform the following functions:

(1) permit the governmental entity, or an auditor of the entity, to have real-time access to data collected or provided by the software;

(2) automatically gather verification data of State-funded activity, track total keystroke and mouse event frequency, and take screenshots at least once every 3 minutes;

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

(4) provide to the governmental entity professional biographical information that is not private or confidential on individuals performing State-funded work;

(5) ensure appropriate privacy and confidentiality of any data for individuals; and

(6) permit the governmental entity 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. A contractor shall store, or contract with another to store, data collected by the software for a period of 7 years after the governmental entity has remitted payment to the contractor for services provided to the governmental entity. The contractor shall retrieve and make available data upon request of the governmental entity, or an auditor of the entity, in the format requested by the governmental entity or auditor, at any time during the 7 years as needed to comply with the provisions of this Section or any other law which may require disclosure of such information.

(d) A contractor shall not charge the governmental entity, or an auditor of the entity, for access to or use of the work verification software, or for access to or retrievals of data collected by the software.

(e) The verification software authorized for use under this Section shall be procured by the contractor from an independent entity.

(f) The provisions of this Section shall apply to all applicable contracts entered into on and after the effective date of this amendatory Act of the 101st General Assembly.