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3 | 3 | | LCO No. 5365 1 of 3 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 1037 |
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6 | 6 | | January Session, 2019 |
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7 | 7 | | LCO No. 5365 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on GOVERNMENT ADMINISTRATION |
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11 | 11 | | AND ELECTIONS |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (GAE) |
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19 | 19 | | |
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20 | 20 | | AN ACT CONCERNING VE RIFICATION OF CONTRACTOR |
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21 | 21 | | EMPLOYEE ACTIVITY UN DER CERTAIN COMPUTER -RELATED |
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22 | 22 | | STATE CONTRACTS. |
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23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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24 | 24 | | Assembly convened: |
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25 | 25 | | |
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26 | 26 | | Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1 |
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27 | 27 | | section, "contract" means a contract for professional or technical 2 |
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28 | 28 | | information technology services performed for a state agency by an 3 |
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29 | 29 | | employee at an hourly rate while using a computer, "contractor" means 4 |
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30 | 30 | | a business entity or individual that is awarded a contract or an 5 |
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31 | 31 | | amendment to a contract, but does not include a state agency, 6 |
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32 | 32 | | "employee" means an employee of a contractor, but does not include a 7 |
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33 | 33 | | state employee or any individual performing a contract on a state-8 |
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34 | 34 | | owned computer and "state agency" has the same meaning as 9 |
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35 | 35 | | provided in section 4d-1 of the general statutes. 10 |
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36 | 36 | | (b) On and after October 1, 2019, any state agency that enters into a 11 |
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37 | 37 | | contract for more than five hundred thousand dollars shall require the 12 |
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38 | 38 | | contractor to use a software program that verifies hours billed under 13 Raised Bill No. 1037 |
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41 | 41 | | |
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42 | 42 | | LCO No. 5365 2 of 3 |
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43 | 43 | | |
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44 | 44 | | the contract for the work performed on a computer by an employee. 14 |
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45 | 45 | | Any such contract shall prohibit payment under the contract for any 15 |
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46 | 46 | | hours worked on a computer under the contract that are not verifiable 16 |
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47 | 47 | | by a software program or data collected by a software program. Such 17 |
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48 | 48 | | software program shall (1) permit the state agency, or the Auditors of 18 |
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49 | 49 | | Public Accounts when conducting an audit pursuant to section 2-90 of 19 |
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50 | 50 | | the general statutes, to obtain real-time access to data collected or 20 |
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51 | 51 | | provided by the software program at any time after the data is 21 |
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52 | 52 | | generated, during the entire term of the contract; (2) automatically 22 |
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53 | 53 | | gather verification data of activity under the contract that may include 23 |
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54 | 54 | | tracking total keystroke and mouse use frequency and taking a 24 |
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55 | 55 | | screenshot of the computer screen at least once every three minutes; (3) 25 |
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56 | 56 | | provide the agency or the Auditors of Public Accounts with the 26 |
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57 | 57 | | automated real-time cost of work required by the contract; (4) protect 27 |
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58 | 58 | | all data that is private or confidential as required under all applicable 28 |
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59 | 59 | | federal or state law; and (5) permit the agency to provide immediate 29 |
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60 | 60 | | feedback to the contractor concerning work being performed under the 30 |
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61 | 61 | | contract. 31 |
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62 | 62 | | (c) Notwithstanding any provision of chapter 61 of the general 32 |
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63 | 63 | | statutes, any data collected by the software program shall be 33 |
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64 | 64 | | considered accounting records belonging to the contractor. The 34 |
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65 | 65 | | contractor shall store, or contract with another entity to store, the data 35 |
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66 | 66 | | collected by the software program for a period of not more than seven 36 |
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67 | 67 | | years from the creation of the data, and in a manner that will provide 37 |
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68 | 68 | | access to the state agency or Auditors of Public Accounts upon 38 |
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69 | 69 | | demand. 39 |
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70 | 70 | | (d) The contractor shall not charge the agency or the Auditors of 40 |
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71 | 71 | | Public Accounts for access to, or use of, the software program, or for 41 |
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72 | 72 | | access to, or retrievals of, data collected by the software. 42 |
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73 | 73 | | (e) The contractor shall procure the software program used under 43 |
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74 | 74 | | this section from an independent entity. Such independent entity shall 44 |
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75 | 75 | | not have access to any screenshots generated by the software under 45 |
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76 | 76 | | this section. 46 Raised Bill No. 1037 |
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79 | 79 | | |
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80 | 80 | | LCO No. 5365 3 of 3 |
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82 | 82 | | (f) The Commissioner of Administrative Services, in consultation 47 |
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83 | 83 | | with the Secretary of the Office of Policy and Management, shall adopt 48 |
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84 | 84 | | regulations, in accordance with the provisions of chapter 54 of the 49 |
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85 | 85 | | general statutes, to implement the provisions of this section. 50 |
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86 | 86 | | This act shall take effect as follows and shall amend the following |
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87 | 87 | | sections: |
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88 | 88 | | |
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89 | 89 | | Section 1 October 1, 2019 New section |
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90 | 90 | | |
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91 | 91 | | Statement of Purpose: |
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92 | 92 | | To require certain contractors performing computer-related state |
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93 | 93 | | contracts to obtain software to verify its employees' activity under the |
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94 | 94 | | contract. |
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95 | 95 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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96 | 96 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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97 | 97 | | not underlined.] |
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