Senate
Study
Bill
1192
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
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
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_____
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
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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
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