SF 913

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 02:21pm

A bill for an act
relating to state government; requiring certain use of verification software in
contracts related to the Minnesota Licensing and Registration System (MNLARS);
requiring a report.

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

Section 1. new text begin MNLARS DEVELOPMENT; VERIFICATION SOFTWARE.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation. new text end

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
this section.
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 Subd. 2. new text end

new text begin Contract requirements. new text end

new text begin (a) A contract under this section 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 this section 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 8.
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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 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 By December 15, 2020, the commissioner of administration
must submit a legislative report on use of the verification software to the chairs and ranking
minority members of the legislative committees with jurisdiction over state government
finance and operations and transportation policy and finance. At a minimum, the report
must include a summary of the contracts entered into and verification software used, a
review of impacts of the verification software, and recommendations for implementing
verification software requirements.
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