House Study Bill 169 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to computer software verification requirements 1 for certain service contracts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2441YC (2) 88 ec/rn
H.F. _____ Section 1. Section 8.47, subsection 1, Code 2019, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . d. For service contracts in excess of 3 one hundred thousand dollars, methods to prevent abuse and 4 overbilling by verifying hours worked on computers pursuant to 5 the requirements of section 8.48. 6 Sec. 2. NEW SECTION . 8.48 Service contracts —— computer 7 software verification requirements. 8 1. A service contract subject to the requirements of this 9 section shall include terms and conditions established pursuant 10 to section 8.47 requiring the service contract provider to use 11 computer software obtained from an independent entity by the 12 service contract provider to verify hours billed for work under 13 the contract that are performed using a computer. In addition, 14 the service contract shall also provide that the department 15 or establishment will not pay for hours worked on a computer 16 unless those hours are verifiable by the software or by data 17 collected by the software. 18 2. The computer software required by this section shall do 19 all of the following: 20 a. Permit the department or establishment to have real-time 21 or retroactive access to data collected or provided by the 22 software. 23 b. Automatically gather verification data of state-funded 24 activity by tracking total keystroke and mouse-event or 25 trackpad usage frequency and taking a screenshot at least once 26 every three minutes. 27 c. Provide to the department or establishment automated 28 real-time cost status of each task of the service contract. 29 d. Provide to the department or establishment professional 30 biographical information. 31 e. Protect, consistent with state law, disclosures of 32 confidential data on individuals. 33 f. Permit the department or establishment to provide 34 immediate feedback on work in progress. 35 -1- LSB 2441YC (2) 88 ec/rn 1/ 2
H.F. _____ 3. Data collected by the computer software shall be 1 considered accounting records of the service contract provider. 2 Data collected shall be maintained by the service contract 3 provider for a period of seven years and shall be provided to 4 the department or establishment that entered into the service 5 contract, at no charge, upon request. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill provides that certain service contracts shall 10 include terms and conditions requiring the use of computer 11 software to track hours worked on the contract. 12 Code section 8.47, requiring the department of 13 administrative services to adopt uniform terms and conditions 14 for service contracts, is amended. The bill requires that for 15 service contracts in excess of $100,000, the contract shall 16 include methods to prevent abuse and overbilling by verifying 17 hours worked on computers pursuant to the requirements of new 18 Code section 8.48 as provided the bill. 19 New Code section 8.48 establishes that service contract 20 terms and conditions established pursuant to Code section 21 8.47 shall require the use of computer software obtained from 22 an independent entity to verify hours billed for work under 23 the contract that are performed using a computer and shall 24 provide that payment on the contract for hours worked on a 25 computer shall be made only if those hours are verifiable 26 by the computer software. The new Code section establishes 27 requirements for the computer software relating to the data 28 and information to be collected, access to the data, and 29 confidentiality. The bill also provides that data collected 30 shall be considered accounting data, shall be maintained 31 for seven years, and shall be provided to the department or 32 establishment that is a party to the agreement upon request, 33 at no cost. 34 -2- LSB 2441YC (2) 88 ec/rn 2/ 2