Bill Amendment: IL HB2127 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROCURE-WORK VERIFY SOFTWARE

Status: 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2127 Detail]

Download: Illinois-2019-HB2127-House_Amendment_001.html

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Rep. Michelle Mussman

Filed: 2/27/2019

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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)

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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;

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(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

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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.".