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S05398 Summary:

BILL NOS05398
 
SAME ASNo Same As
 
SPONSORSAVINO
 
COSPNSRGAUGHRAN
 
MLTSPNSR
 
Add 136-d, St Fin L
 
Requires contractors performing work for a state agency with the use of a computer to track such computer usage in order to verify that hours billed are accurate.
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S05398 Actions:

BILL NOS05398
 
04/29/2019REFERRED TO INTERNET AND TECHNOLOGY
05/06/2019REPORTED AND COMMITTED TO FINANCE
01/08/2020REFERRED TO INTERNET AND TECHNOLOGY
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S05398 Memo:

Memo not available
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S05398 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5398
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 29, 2019
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology
 
        AN ACT to amend the state finance law, in relation to utilizing software
          to verify hours worked on computers and billed to the  government  for
          certain contracts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The legislature recognizes that  an  increasing  amount  of
     2  government  contracts  require the use of computers, a virtual office or
     3  online activity. The legislature further recognizes  the  difficulty  in
     4  verifying  hours  worked  on  computers and billed to the government for
     5  government contracts. Therefore, the legislature intends to establish  a
     6  secure  and  transparent process to verify hours worked on computers and
     7  billed to the government for certain  contracts  to  prevent  abuse  and
     8  overbilling.
     9    § 2. The state finance law is amended by adding a new section 136-d to
    10  read as follows:
    11    §  136-d.  Contracts  for  professional  or  technical  services to be
    12  performed with the use of a  computer.  1.  For  the  purposes  of  this
    13  section,  "software"  shall mean software which tracks computer usage in
    14  order to verify work hours performed.
    15    2. A contract between a state agency and a contractor  for  more  than
    16  two  hundred fifty thousand dollars which includes professional or tech-
    17  nical services to be performed with the use of a computer and billed  to
    18  the  state  at an hourly rate shall require such contractor to use soft-
    19  ware which verifies the hours billed for the work performed on a comput-
    20  er pursuant to such contract. This section shall not apply to any  hours
    21  billed  that  are not performed with the use of a computer. This section
    22  also shall not apply to the following entities:
    23    (a) state employees;
    24    (b) state agencies contracting with other state agencies;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11254-01-9

        S. 5398                             2
 
     1    (c) law enforcement agencies; and
     2    (d)  any  individual  who  works  for a contractor using a state-owned
     3  device.
     4    3. A contract subject to this section shall require the contractor  to
     5  use  software  which  verifies  that  hours  billed  for work under such
     6  contract and performed on a computer are legitimate. Such contract shall
     7  specify that the contracting agency shall not pay for hours worked on  a
     8  computer  unless  those  hours are verifiable by the software or by data
     9  collected by the software. Such software shall:
    10    (a) allow the contracting agency or  an  auditor  of  such  agency  to
    11  access any data collected or provided by the software;
    12    (b) automatically gather verification data of state-funded activity by
    13  recording  keystroke  and  mouse  event  frequency, but shall not record
    14  actual keystrokes or mouse events, and by taking a screenshot  at  least
    15  once every three minutes; and
    16    (c)  protect all private or confidential data as otherwise required by
    17  federal or state law.
    18    4. Data collected  by  the  software  shall  be  considered  financial
    19  records  belonging  to  the  contractor. Such contractor shall store, or
    20  arrange for the storage of, data collected by the software  and  provide
    21  access  by  the contracting agency or state auditors upon their request.
    22  Such contractor may not sell or use data generated by the  software  for
    23  any  other purposes than to manage and verify hours worked on a computer
    24  and billed to the state.
    25    5. The contractor shall not charge the agency or  an  auditor  of  the
    26  agency  for  access  to or use of the work verification software, or for
    27  access to or retrievals of data collected by the software.
    28    6. Software used under this section shall be procured by the  contrac-
    29  tor  from  an independent entity. Such independent entity shall not have
    30  access to any screenshots generated by the software used to comply  with
    31  this section.
    32    § 3. This act shall take effect one hundred eighty days after it shall
    33  have become a law. Effective immediately, the addition, amendment and/or
    34  repeal  of  any  rule  or regulation necessary for the implementation of
    35  this act on its effective date are authorized to be made  and  completed
    36  on or before such effective date.
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