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