PRINTER'S NO. 3975
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2610
Session of
2018
INTRODUCED BY GROVE, PHILLIPS-HILL, ORTITAY, MILLARD, COX,
CUTLER AND ZIMMERMAN, SEPTEMBER 11, 2018
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 11, 2018
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, providing for general provisions
relating to business operations and for contractor
verification.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 71 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART I
GENERAL PROVISIONS
Chapter
1. (Reserved)
3. Business Operations
CHAPTER 1
(RESERVED)
CHAPTER 3
BUSINESS OPERATIONS
Sec.
301. (Reserved).
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302. Contractor verification.
§ 301. (Reserved).
§ 302. Contractor verification.
(a) General rule.--A contract for professional or technical
services when the cost to the Commonwealth exceeds $100,000
shall require a contractor working with a State agency on a
project to use software which verifies that the hours billed on
a contract with the State agency are valid and fulfill the
purpose of the contract.
(b) Contract specifications.--A contract shall specify that
a State agency may not pay for hours worked on a project unless
the hours can be verified through the use of the software or
data collected by the software.
(c) Software requirements.--The software incorporated by a
contractor to meet the requirements of this section shall:
(1) Permit the State agency or an auditor of the State
agency to have real time or retroactive access to data
collected by the software.
(2) Automatically capture a screenshot of activity for a
project under contract which is funded by the State agency as
follows:
(i) The software shall capture a screenshot at least
once every three minutes.
(ii) A screenshot shall be made available for review
by the State agency or an auditor of the State agency in
real time and retroactively.
(3) Provide the State agency or an auditor of the State
agency an automated real time cost status of each task
relating to the contract.
(4) Provide the State agency professional biographical
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information that is not private or confidential on
individuals performing tasks under the contract.
(5) Not capture data that is private or confidential on
individuals working for the contractor.
(6) Permit the State agency to provide immediate
feedback to the contractor on work in progress under the
contract.
(d) Data storage.--The contractor shall store or contract to
store the data collected by the software required under this
section for a period of no less than seven years after the State
agency has remitted payment to the contractor for work under the
contract.
(e) Requests for data.--Data collected by the software
during the contract period shall be considered government data
and the contractor shall retrieve the data upon request of the
State agency, in the format requested by the State agency, at
any time during the seven-year period.
(f) Charge prohibited.--The contractor may not charge the
State agency or an auditor of the State agency for access to or
use of the software or for access to or retrievals of data
collected by the software.
(g) Definition.--As used in this section, the term "State
agency" shall mean any of the following:
(1) The Governor's Office.
(2) A department, board, commission, authority or other
agency of the Commonwealth that is subject to the policy
supervision and control of the Governor.
(3) The office of Lieutenant Governor.
(4) An independent agency.
Section 2. This act shall take effect in 60 days.
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