SB2828 100TH GENERAL ASSEMBLY

LRB100 18619 RJF 33844 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2828

Introduced 2/13/2018, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

30 ILCS 500/35-45 new

Amends the Illinois Procurement Code. Provides that any contract entered into between a specified State agency 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 State 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. 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 State agency upon request. Provides that a contractor shall not charge the State 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. Provides that these provisions shall apply to all applicable contracts entered into on and after the effective date of this amendatory Act.

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 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 the Department of Transportation, the Department of Public Health, the Department of Human Services, the Department of Central Management Services, the Department of Commerce and Economic Opportunity, and any other State agency that contracts for professional or technical services in excess of $100,000.

(b) Any contract entered into between a State agency 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 State 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 required under this subsection (b) shall perform the following functions:

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

(2) automatically gather verification data of State-funded activity and track total keystroke and mouse event frequency at least once every 3 minutes, and make that information visible to the State agency, or an auditor of the agency, in real-time and upon request;

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

(4) provide to the State agency 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 State agency to provide immediate feedback to the contractor on work in progress.

(c) A contractor shall store, or contract with another to store, data collected by the software for a period of 7 years after the State agency has remitted payment to the contractor for services provided to the State agency. The contractor shall retrieve and make available data upon request of the State agency, in the format requested by the agency, 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 State 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) 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 100th General Assembly.