SF 3360

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 01:01pm

A bill for an act
relating to state government; requiring contractors for certain state contracts to
verify work hours using automated software; amending Minnesota Statutes 2016,
section 16C.08, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 16C.08, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Verification of hours worked on computers. new text end

new text begin (a) This subdivision applies to
a contract by or on behalf of the Department of Transportation, the Department of Health,
the Department of Human Services, the Department of Administration, and the Department
of Commerce, for professional or technical services in excess of $100,000.
new text end

new text begin (b) A contract subject to this subdivision must 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:
new text end

new text begin (1) permit the agency or an auditor of the agency to have real-time access to data collected
and provided by the software;
new text end

new text begin (2) automatically gather verification of state-funded activity at least once every three
minutes, while continuously monitoring keystroke frequency and mouse-event frequency,
and make keystroke and mouse frequency data visible to the agency or an auditor of the
agency in real time and on request;
new text end

new text begin (3) provide to the agency or an auditor of the agency automated real-time cost status of
each task;
new text end

new text begin (4) provide to the agency or an auditor of the agency the identity and professional
qualifications of the individual who is performing the task;
new text end

new text begin (5) ensure appropriate treatment of data that are not public data, as defined in section
13.02; and
new text end

new text begin (6) permit the agency to provide immediate feedback to the contractor on work in
progress.
new text end

new text begin (c) The contractor 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 but must be treated as private data
on individuals or nonpublic data, as defined in section 13.02, except to the extent the data
would be classified as confidential data on individuals or protected nonpublic data under
section 13.392. The contractor shall 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 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 chapter 13, at no charge to the agency.
new text end

new text begin (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
contracts for which requests for bids or proposals are issued after enactment. This section
expires January 1, 2020.
new text end