101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2127

 

Introduced , by Rep. Michelle Mussman

 

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".


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2127LRB101 08419 RJF 53489 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Purpose. The General Assembly recognizes that an
5increasing amount of government contracts require the use of
6computers, a virtual office, or online activity. The General
7Assembly further recognizes the difficulty in verifying hours
8worked on computers for government contracts. Therefore, the
9General Assembly intends to establish a secure and transparent
10process to verify hours worked on computers for government
11contracts to prevent abuse and over-billing.
 
12    Section 5. The Illinois Procurement Code is amended by
13adding Section 35-45 as follows:
 
14    (30 ILCS 500/35-45 new)
15    Sec. 35-45. Automatic work verification software.
16    (a) This Section shall apply to a contract by or on behalf
17of a governmental entity that contracts for professional or
18technical services in excess of $100,000. For the purposes of
19this Section, "governmental entity" means the Governor, any
20State agency or department thereof, and any political
21subdivision of this State.
22    (b) Any contract entered into between a governmental entity

 

 

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1and a contractor under subsection (a) shall require a
2contractor to use software to verify that hours billed for work
3under the contract for services performed on a computer are
4legitimate. The contract shall specify that the governmental
5entity will not pay for hours worked on a computer, unless
6those hours are verifiable by the software or by data collected
7by the software. The software required under this subsection
8(b) shall perform the following functions:
9        (1) permit the governmental entity, or an auditor of
10    the entity, to have real-time access to data collected or
11    provided by the software;
12        (2) automatically gather verification data of
13    State-funded activity, track total keystroke and mouse
14    event frequency, and take screenshots at least once every 3
15    minutes;
16        (3) provide to the governmental entity, or an auditor
17    of the entity, automated real-time cost status of each
18    task;
19        (4) provide to the governmental entity professional
20    biographical information that is not private or
21    confidential on individuals performing State-funded work;
22        (5) ensure appropriate privacy and confidentiality of
23    any data for individuals; and
24        (6) permit the governmental entity to provide
25    immediate feedback to the contractor on work in progress.
26    (c) The data collected by the software shall be considered

 

 

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1accounting records belonging to the contractor. A contractor
2shall store, or contract with another to store, data collected
3by the software for a period of 7 years after the governmental
4entity has remitted payment to the contractor for services
5provided to the governmental entity. The contractor shall
6retrieve and make available data upon request of the
7governmental entity, or an auditor of the entity, in the format
8requested by the governmental entity or auditor, at any time
9during the 7 years as needed to comply with the provisions of
10this Section or any other law which may require disclosure of
11such information.
12    (d) A contractor shall not charge the governmental entity,
13or an auditor of the entity, for access to or use of the work
14verification software, or for access to or retrievals of data
15collected by the software.
16    (e) The verification software authorized for use under this
17Section shall be procured by the contractor from an independent
18entity.
19    (f) The provisions of this Section shall apply to all
20applicable contracts entered into on and after the effective
21date of this amendatory Act of the 101st General Assembly.