HF 153

as introduced - 91st Legislature (2019 - 2020) Posted on 01/24/2019 03:47pm

A bill for an act
relating to state government; establishing a verification software pilot program;
requiring a report.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin VERIFICATION SOFTWARE PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation. new text end

new text begin (a) As provided in this section, the commissioner of
administration must implement a pilot program to verify and review contractor activity
through automated monitoring software.
new text end

new text begin (b) The pilot program must include at least four contracts for professional or technical
services, each in excess of $500,000, that provide services for at least two state agencies.
Contracts under section 2 are in addition to contracts required under this paragraph.
new text end

new text begin Subd. 2. new text end

new text begin Contract requirements. new text end

new text begin (a) A contract under the pilot program must require
a contractor and any subcontractors to use verification 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.
new text end

new text begin (b) 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.
new text end

new text begin Subd. 3. new text end

new text begin Software capabilities. new text end

new text begin Verification software used in the pilot program must:
new text end

new text begin (1) automatically gather verification of state-funded activity at least once every three
minutes, while continuously monitoring keystroke frequency and mouse-event frequency;
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new text begin (2) include functionality for project management, including but not limited to progress
tracking, timelines, and task management tools;
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new text begin (3) permit the agency or an auditor of the agency to have real-time access to data collected
and provided by the software, including but not limited to visibility of keystroke and mouse
frequency data in real time and on request;
new text end

new text begin (4) provide to the agency or an auditor of the agency automated real-time cost status of
each task;
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new text begin (5) provide to the agency or an auditor of the agency the identity and professional
qualifications of the individual who is performing a task;
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new text begin (6) permit the agency to provide immediate feedback to the contractor on work in
progress; and
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new text begin (7) ensure appropriate treatment of data that are not public data, as defined in Minnesota
Statutes, section 13.02, subdivision 8a.
new text end

new text begin Subd. 4. new text end

new text begin Data practices. new text end

new text begin The contractor or subcontractor must store, or contract with
another entity to store, data collected by the software for a period of seven years after the
agency has remitted payment to the contractor for the work. Data collected are data of the
contractor or subcontractor but must be treated as private data on individuals or nonpublic
data, as defined in Minnesota Statutes, section 13.02, except to the extent the data would
be classified as confidential data on individuals or protected nonpublic data under Minnesota
Statutes, section 13.392. The contractor or subcontractor must make the data collected by
the software accessible to auditors of the contractor or of the agency and to a state or federal
agency for purposes related to tax administration or an audit or civil investigation. The
contractor or subcontractor must retrieve data on request of the agency, in the format
requested by the agency, at any time during the seven years as needed to comply with
requests under Minnesota Statutes, chapter 13, at no charge to the agency.
new text end

new text begin Subd. 5. new text end

new text begin Legislative report. new text end

new text begin (a) By June 30, 2020, the commissioner of administration
must submit a status notification on contracts entered into and verification software used
under the pilot program to the chairs and ranking members of the house of representatives
and senate committees with jurisdiction over state government finance and operations.
new text end

new text begin (b) By December 15, 2020, the commissioner of administration must submit a legislative
report on the pilot program to the chairs and ranking members of the house of representatives
and senate committees with jurisdiction over state government finance and operations. At
a minimum, the report must include a summary of the program, a review of impacts of the
verification software, and recommendations for implementing verification software
requirements for state contracting.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin MNLARS DEVELOPMENT; VERIFICATION SOFTWARE.
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new text begin (a) For any contract relating to development or implementation of the driver and vehicle
information system known as the Minnesota Licensing and Registration System (MNLARS),
the commissioner of public safety and the state chief information officer must require the
contractor to meet the requirements under section 1, subdivisions 2 to 4.
new text end

new text begin (b) This section does not apply to a contract for audit or technical assessment of the
MNLARS project.
new text end

new text begin (c) The requirements under this section expire June 30, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies for contracts entered into on or after that date.
new text end